1. DISCLAIMER OF LIABILITY
GLOBAL GRAB TECHNOLOGIES, INC. d/b/a Global GRAB (“GLOBAL GRAB”) makes no warranty, expressed or implied, as to the safety or performance of any of our products unless otherwise agreed. Furthermore, we accept no responsibility for injuries sustained or damage caused by our products. THE PURCHASER ASSUMES ALL RISK AND LIABILITY OF USE FOR ALL OUR PRODUCTS.
2. YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
By using www.GrabGlobal.com (“Site”), you agree to these Terms & Conditions and the general principles for the Site regardless of whether you have read through all of the applicable terms and conditions. As used in these Terms & Conditions, "Site", "us" or "we" refers to GLOBAL GRAB and www.GlobalGlobal.com.
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By use of the Site or purchase of any product sold by us, you accept all of the terms in these Terms & Conditions. By accepting these Terms & Conditions, you agree that these Terms & Conditions will apply whenever you use the Site or purchase any products offered on the Site or by us. If you do not agree with any of these Terms & Conditions, do not use the Site.
We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; any material change to these Terms & Conditions will not be applied retroactively to any claim or dispute between you and us in connection with these Terms & Conditions.
We may, at any time, modify or discontinue all or any part of the Site in our sole discretion.
When you visit the Site, you are communicating with us electronically. You consent to receive communications and notices from us electronically. We may communicate with you by email. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that this Site provides to you electronically satisfy any legal requirement that such communications be in writing.
4. INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information as needed. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and any order of the products offered for sale on the Site.
This Site reserves the right, without notice and in its sole discretion, to terminate your use of the Site, remove any user control related to you, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be affected without prior notice, and that we may immediately deactivate and/or bar any further access to the Site. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
We make available products for purchase through the Site, and we may use third–party suppliers to enable ecommerce functionality on the Site. If you wish to purchase any product made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to the Site the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. No contract will exist between GLOBAL GRAB and you for the sale of any product unless and until GLOBAL GRAB decides in its sole discretion to ship the product. Any contract is between you and GLOBAL GRAB. No other person shall have any rights to enforce any of its terms.
All descriptions, images, references, features, content, specifications, products and prices of products described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and/or similar descriptions are approximate and are provided for convenience purposes only. Upon receipt and prior to use you must inspect the purchased product(s) for any manufacturing defects or any damage and notify GLOBAL GRAB immediately with any alleged problems. The inclusion of any products on the Site at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
7. REVIEWS, COMMENTS AND OTHER COMMUNICATIONS
GLOBAL GRAB welcomes your reviews, comments, questions and other communications (referred to as "User Content"), as long as the User Content submitted by you complies with these Terms & Conditions. The Site does not endorse, recommend or sponsor any user product reviews, ideas, advice or other User Content.
You agree that any User Content submitted by you on the Site will be accurate, will not violate or facilitate the violation of any applicable law, regulation or Site rule or policy, will not violate any right of a third party, including without limitation, copyright, trademark, privacy or publicity rights, and will not cause injury to any person or entity. You agree that User Content submitted by you on the Site will not contain threatening language, and will not contain malware, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". In addition, you agree that you have not been compensated nor granted any consideration by any third party for the User Content submitted by you.
You are solely responsible for the User Content you submit, and this site assumes no liability for any User Content submitted by you. You agree to indemnify us against all claims and liabilities resulting from your User Content. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect GLOBAL GRAB and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the "GLOBAL GRAB Entities"), the Site's users and visitors or to comply with legal obligations or governmental requests or to enforce these Terms & Conditions, or for any other reason or purpose.
For any User Content that you submit, you grant to GLOBAL GRAB a non–exclusive, sublicensable (through multiple tiers), fully paid up, perpetual, irrevocable, royalty–free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate such content into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to GLOBAL GRAB the right to include the name provided along with the User Content submitted by you; provided, however, GLOBAL GRAB shall have no obligation to include such name with such User Content. Please note that, if you use your name in connection with your product review, this personal information will become public information, and will be available to site visitors and to the general public; moreover, such personal information, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it will reach an even broader audience. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with your product reviews.
You must provide your actual email address in order to submit User Content. Any content you submit will be routed through the Internet, and you understand and acknowledge that you have no expectation of privacy regarding User Content. By submitting your email address in connection with your User Content, you agree that GLOBAL GRAB may use your email address to contact you about your User Content and for other administrative purposes; however, GLOBAL GRAB has no obligation to respond to any User Content.
For all User Content posted by you, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Content, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
User Content may also be provided to third party visitors to the Site. Please note that Site visitors may make statements or other User Content that are inaccurate, misleading or deceptive. GLOBAL GRAB and its affiliates, partners, suppliers or any other associated entities neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. GLOBAL GRAB is not responsible for any such information or materials made available through the Site (including without limitation errors or omissions in postings or links or images embedded in such postings) or results obtained by using any such information or materials. Under no circumstances will GLOBAL GRAB be responsible or liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of GLOBAL GRAB.
8. SIZES, MEASUREMENTS AND MATERIALS USE IN THE MANUFACTURE OF PRODUCTS
GLOBAL GRAB strives to display as accurately as possible the products shown on the Site. GLOBAL GRAB cannot guarantee that your monitor's display of any color will be accurate. All measurements and specifications are reasonably accurate but may not be exact. GLOBAL GRAB assumes no responsibility for any injuries sustained while using or deploying the products.
9. AVAILABILITY, ERRORS AND INACCURACIES
GLOBAL GRAB's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the availability of an item has been confirmed. GLOBAL GRAB makes a conscientious effort to describe and display its products accurately on the Site. Despite these efforts, items on the Site may be described inaccurately or be unavailable, and we may experience lags in uploading updates throughout the Site. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including, product images, specifications, or availability. GLOBAL GRAB reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
If an item is no longer available, or we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
10. RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
Because these are security implantation devices, we do not accept returns.
12. UNDELIVERABLE ORDERS
We are not responsible for shipments that are returned due to any state, or federal or similar law/regulation prohibiting the delivery or sale of the products on the Site.
13. UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
You are prohibited from violating or attempting to violate the security of the Site.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by GLOBAL GRAB or generally publicly available browsers. Violations of system or network security may result in civil or criminal liability.
Customs departments in each country often have regulations that should be investigated prior to placing orders; these may pertain to duty taxes and/or allowable items. We are not responsible for any additional expenses incurred or for the retention of your order by a governmental entity if it does not pass inspection and you will not be refunded. The customer is responsible for all expenses in these circumstances.
15. INTELLECTUAL PROPERTY NOTICE
All content included on the Site, such as text, graphics, logos, images, and other material (collectively "Content"), is owned or licensed property of the Site or its software and its suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of the Site and protected by U.S. and international copyright laws.
The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. The Site and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of the Site's or any third party's intellectual property rights.
16. DISCLAIMERS OF WARRANTIES
While the Site attempts to ensure your access and use of the Site is safe, we cannot and do not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS FOR SALE AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED AND/OR SOLD BY THE SITE ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE SITE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
17. JURISDICTIONAL ISSUES
The Site is controlled by GLOBAL GRAB from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
18. ADDITIONAL LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SITE OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MEMBERS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE AND/OR THE PURCHASE AND/OR USE OF THE PRODUCTS.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE SITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE SITE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE PURCHASE PRICE OF THE PRODUCT, WHICHEVER IS LESS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. INDEMNIFICATION AND DEFENSE OF GLOBAL GRAB
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless GLOBAL GRAB, and its respective employees, directors, officers, members, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Except as explicitly stated otherwise, any notices you send to the Site shall be sent by email to firstname.lastname@example.org/site. In the case of notices the Site sends to you, notices will be sent to the email address provided by you to GLOBAL GRAB. Notice shall be deemed given 24 hours after an electronic message is sent, unless (i) the sending party is notified that the message did not reach the recipient or, (ii) in the case of mailing, three (3) days after the date of mailing.
Access to the Site may be limited by certain firewalls or internet browser guidelines. GLOBAL GRAB is not responsible for access interruptions or service issues related to such third party internet filtering systems (or similar).
21. NOTICE FOR CUSTOMERS
If you have a question or complaint regarding the Site, please send an email to email@example.com/site. You may also contact us by writing to GLOBAL GRAB at Global Grab Technologies, Inc. Attn: Website Support, 277 Mallory Station Road, Suite 112, Franklin, TN 37067, USA.
22. ENFORCEMENT OF TERMS & CONDITIONS
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS & CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF TENNESSEE, UNITED STATES OF AMERICA. The laws of the State of Tennessee, without regard to Tennessee's choice of law principles, govern all matters arising out of or related to these Terms & Conditions. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms & Conditions shall be the United States District Court for the Middle District of Tennessee, and you submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Middle District of Tennessee, then the exclusive forum and venue for any such action shall be the courts of the State of Tennessee located in Franklin, Tennessee, and you agree to submit to the personal jurisdiction of that court.
These Terms & Conditions, including policies incorporated herein, constitute the entire agreement between you and the Site with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Site with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
24. CONTACT US
If you have any concerns regarding your use of the Site, please contact us by email at firstname.lastname@example.org/site.
Effective: June 2020