Terms of service

1. INTRODUCTION

These terms of service are entered into by and between You and Grindhouse Performance, LLC ("Company, Grindhouse Performance, "we", or "us"). The following terms and conditions, together with any documents they incorporate by reference (e.g. Privacy Policy, Terms of Sale, Return Policy, etc.) (collectively, "Terms of Service"), govern your access to and use of this website (www.grindhouseperformance.com) including any content, functionality, and services or products offered on or through it ("Website"), whether as a guest, user, browser, vendor, customer, merchant, and/or content contributor.

Before proceeding with the use of this Website, please read these Terms of Service carefully.

 

2. ACCEPTANCE

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE ABOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. 

If you do not agree to these Terms of Service, you must not access or use the Website and are hereby prohibited from accessing and using the Website including any content, functionality, and services or products offered on or through it. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this site. If you do not meet all these requirements, you must not access or use the Website and are prohibited from accessing and using the Website. 

 

3. CHANGES

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service mean that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, as they are binding on you.

We may update the content of this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

4. ACCESS AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable for any time or for any period. From time to time, we may restrict access to some parts or all of the Website.

You are responsible for (1) making all arrangements necessary for you to have access to the Website and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, using any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. 

 

5. INTELLECTUAL PROPERTY 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content contained on this website.  You specifically without limitation must not: (1) modify copies of any materials from this Website and/or (2) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. 

 If you wish to make any use of material on the Website other than that set out in this section, please Contact Us for explicit written approval.

 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

 

6. TRADEMARKS

 The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their owners.

 

7. PROHIBITED USES

 You may use the Website only for lawful purposes and in accordance with these Terms of Service.

 You agree not to use the Website:

  •  In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • To exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service. 
  • To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation. 
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). 
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. 

Additionally, you agree not to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. 
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of the Website. 
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 
  • Otherwise attempt to interfere with the proper working of the Website.


8. USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

 All User Contributions must comply with the Content Standards set out in these Terms of Service.  Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 You represent and warrant that (1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (2) All of your User Contributions do and will comply with these Terms of Service.

 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

9. MONITORING AND ENFORCEMENT: TERMINATION

We have and reserve the right to: 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company. 
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

 YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

 10. CONTENT STANDARDS 

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. 

Without limiting the foregoing, User Contributions must not: 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. 
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Service and our Privacy Policy. 
  • Be likely to deceive any person. 
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act. 
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person. 
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising. 
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

 

11. COPYRIGHT INFRINGEMENT

 If you believe that any User Contributions violate your copyright, please see the Contact Us section for seeing us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.


12. POSTED INFORMATION 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


13. PERSONAL INFORMATION

 All information we collect on this Website is subject to our Privacy Policy, which are hereby incorporated into these Terms of Service.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


14. PRODUCTS AND SERVICES 

Certain products or services may be available for purchase or licensing through the Website. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue the product or service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any product or the services.

 We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, which are hereby incorporated into these Terms of Service.

 You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the product or service, violate any laws in your jurisdiction. We shall not be liable to you or to any other party for any unauthorized or illegal use of the products or services.

 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors

 You agree to provide current, complete, and accurate purchase and account information for all purchases made through or in relation to the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 All purchases through our site or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our Licensing Agreement which is hereby incorporated into these Terms of Service. 

 Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

Pre-Order items will be designated on the store with a clear buy-in window and estimated shipping date. In the event that suppliers are unable to provide the product, refunds will be issued. When ordering a pre-order item with an item in stock, the items in stock will be shipped separately (subject to our shipping policy).

 

15. WEBSITE LINKS AND SOCIAL MEDIA

 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 This Website may provide certain social media features that enable you to: 

  • Link from your own or certain third-party websites to certain content on this Website. 
  • Send emails or other communications with certain content, or links to certain content, on this Website. 
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 

  • Establish a link from any website that is not owned by you. 
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. 
  • Link to any part of the Website other than the homepage. 
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service. 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.


16. LINKS AND TOOLS

 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

We may link to or provide access to third-party tools, which tools we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your access to or use of optional third-party tools. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  If you decide to access any of the third-party tools, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

As an Amazon Associate, the Company earns from qualifying purchases through Amazon links on the Website.


17. GEOGRAPHIC RESTRICTIONS

 The owner of the Website is based in the State of Ohio in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

18. DISCLAIMER OF WARRANTIES 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OR PRODUCTS OBTAINED THROUGH THE WEBSITE. 

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


19. LIMITATION ON LIABILITY 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, ANY OF THE WEBSITE OR COMPANY’S SERVICES OR ITEM OR PRODUCTS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

20. INDEMNIFICATION 

You hereby agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

 

21. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Johnstown and County of Licking,  although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country]. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

22. ARBITRATION  

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Website, including without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

 

23. TITLE/CLAIM LIMITATION

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

24. WAIVER AND SEVERABILITY 

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 of Service will continue in full force and effect.


25. ENTIRE AGREEMENT 

The Terms of Service constitute the sole and entire agreement between you and Grindhouse Performance regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.


26. COMMENTS AND CONCERNS 

Contact Us for All feedback, comments, requests for technical support, and other communications relating to the Website.

 For questions or issues concerning the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), please see our DMCA Policy, which is hereby incorporated into these Terms of Service

 

LICENSING AGREEMENT


Our Licensing Agreement is subject to our Terms of Service.  All nontangible products, including without limitation those that are downloaded, accessed, purchased and/or obtained through this Website (“Licensed Material”) are subject to the following licensing terms.

 

BY DOWNLOADING, ACCESSING, PURCHASING, USING AND/OR OBTAINING THE LICENSED MATERIAL, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS LICENSING AGREEMENT, OUR TERMS OF SERVICE, AND OUR PRIVACY POLICY.  

  1. GRANT

 Subject to the terms herein, should you purchase a license through this Website to any content, information, material, or Intellectual Property owned, made available, and/or controlled by us (“License”), said License is non-exclusive, limited in scope, limited in term, non-transferable, non-sub-licensable, and revocable.  We further expressly reserve the right to decline to sell or grant a License to any third-party for any lawful reason.   

  1. AUTHORITY 

By agreeing to the License, and/or downloading or accessing or using any of the Licensed Material, you represent and warrant that you have full authority to execute and enter into the according license agreement and the terms specified in this Licensing Agreement and our Terms of Service. 

  1. LIMITATIONS 

Any License granted is expressly limited as follows: 

Non-Exclusive:  The License is non-exclusive, and we, at our sole discretion, remain free to grant licenses to any other third parties at any time. 

Term: The License is for a one-time, single use of the Licensed owned or controlled by us.  Under no circumstances does the License provide for its repeated use, and the License shall not be used for any manner or type of scaled, repeated, mass, or larger type or manner of development.  For purposes of clarity, a separate and distinct License must be purchased for each individual use of the License, i.e., one License shall not be used to build multiple homes or structures. The use of a License is and equates to the building of one Side Hustle house.   

Non-Transferable:   The License is non-transferable, non-assignable, and is not sub-licensable without our prior, express, written permission.  You cannot and shall not transfer, sub-license, or attempt to transfer or sub-license the License without our prior, express, written permission.  Granting, permitting, allowing, or not stopping the use of the License in any form or a manner by a third-party without our prior, express, written permission shall constitute transferring and/or sub-licensing the License. 

Revocable:  The License is revocable, and we may revoke the License and terminate this Agreement immediately if you materially breach these terms and conditions and/or terms of the any granted License, which material breach shall be determined in good faith at our sole discretion.  If the License is revoked, all Fees and Payments remain due to us. 

Results:  The License does not guarantee any results, and we are not responsible for any particular result.  You understand that we have made no promises or representations as to any particular results that you can expect at any time pursuant to the License. 

Interpretation: The scope of the License is limited and intended to be limited in nature.  Therefore, any doubt as to the scope of the license and its limitations shall be construed, understood, and interpreted in favor of our interest. 

Approval:  Any and all use of any of Licensed Material irrespective of the circumstances, beyond the scope of the granted License, must be approved in writing in advance by us.  Any changes, revisions, or tailoring of Licensed Material (“Tailored Intellectual Property”) including but not limited to any websites, social medial, and marketing and materials of any nature or form must be approved in writing in advance by us. 

Access and Control: We shall solely own and have control and access at all times to any and all Tailored Intellectual Property, including but not limited to websites, social medial, and materials or any nature or form tailored and/or developed by you.  Any and all Tailored Intellectual Property are our Intellectual Property and/or Developments, and to the extent that any doubt may arise, you hereby fully and irrevocably assign the Tailored Intellectual Property to us. 

Manner: As determined at our sole discretion, you shall not in any manner whatsoever depict us or our Licensed Material in a negative or irresponsible manner, or in a negative light, or in a manner that is inconsistent with our mission and vision and/or use our Licensed Material in a negative or irresponsible manner, or in a negative light, or in a manner that is inconsistent with our mission and vision (“Prohibited Uses”).  We may, in writing, request that you cease any Prohibited Uses, and at such request, you shall comply with the specific request without delay. You are responsible to use for any harms or damages that result or arise from or relate to any Prohibited Uses. 

Insurance:  Relative to the use of License and the use and/or access of its Licensed Material, and in no circumstance later than the commencing any planning or building, you shall obtain, carry, and keep in force an adequate and comprehensive insurance policy covering us from any harms, damages, claims, and causes of actions that may relate to or arise from the License and its Licensed Material. 

Relationship:  Nothing hereunder shall be deemed to create any form of partnership, principal-agent relationship, employer-employee relationship, or joint venture between us and you.  You shall have no authority to speak for or bind us, nor incur obligations on behalf of us, unless expressly authorized by us or our designee(s). 

Intellectual Property:  The License creates no Intellectual Property rights for you. We maintain full and absolute right of ownership of and to any and all products, services, content, Intellectual Property and Developments, including copyrights, patents, trademarks, trade secrets and all other intellectual property rights, and the right to apply for, obtain, hold and renew any of the foregoing.  To the extent that any doubt may arise or occur, you hereby fully and irrevocably assign any rights you may have or acquire in the Licensed Material and related benefits and/or rights to us without further compensation.  “Intellectual Property” as used in this Licensing Agreement includes, but is not limited to, (i) all and any products, services, and content, whether or not downloaded, made available, or offered, owned or being developed by us including any derivative intellectual property; and (ii) all and any inventions, modifications, discoveries, designs, improvements, processes, software programs, works of authorship, documentation, formulas, data, techniques, know-how, secrets, trademarks, or intellectual property or proprietary rights whatsoever (whether or not patentable, copyrightable, or registerable as a trademark under federal or state law, or similar statutes or subject to analogous protection) possessed by us upon your use of this Website and/or while use, accessing, executing upon, or employing the License. 

Developments: If resulting or arising from or in relation to the License, you, either alone or with others, makes, conceives, discovers, or reduces to practice any Development, then such Development, and the related benefits and/or rights, will immediately become our sole and absolute property, and you hereby fully and irrevocably assign any rights you may have or acquire in the Development, and related benefits and/or rights, to us without further compensation.  Further, as consistent with the Copyright Act of 1976 (“Copyright Act”), each Development, and the related benefits and/or rights, will be a “work made for hire” as that term is defined in Section 101 of the Copyright Act, and will be our property and we will be the sole author within the meaning of the Copyright Act.   You will promptly disclose the Development, and the Intellectual Property and related benefits and/or rights, to us with the disclosure including full access to all information necessary to comprehend it, and communicate, without cost or delay, and without publishing the same.  “Developments” includes, but is not limited to, any Intellectual Property that is (i.) within or results from or in relation to the License, (ii.) results or arises from or in relation to our products, services, content or Intellectual Property irrespective of the circumstances, (iii.) results or arises from or in relation to rights granted by and through the License and/or any (iv.) Tailored Intellectual Property. 

Breach and Infringement:  Any use of our products, services, content and/or Intellectual Property, and/or any rights granted by and/or through the License that are outside of the terms and scope of the License is and does constitute infringement and a breach of the License and these Terms of Service and you shall be liable to us for the same. 

 

RETURN POLICY

Our return policy lasts 30 days and are subject to our Terms of Service.  If more than 30 days have gone by since your purchase, we are unable to offer you a refund or exchange.  Only items that have been purchased directly from us may be returned to us. 

 To be eligible for a return, your item must be unused and in the same condition that you received it.  The item must also be returned with and preferably in the original packaging and must include a receipt and proof of purchase.  All returns must identify the reason for requesting the return and all necessary contact information including without limitation your full name, address, email, and phone number.

 Please do not send your purchase back to the manufacturer or return or send the item to us without prior notice and approval.  We cannot, and do not, make any representations or guarantee as to what will occur in either instance, and are hereby not responsible for any losses or damages occurring as a result.

 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item.  We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment as promptly as possible.

 Irrespective of the circumstances, certain items are not eligible to be returned.  These items include, without limitation, digital products, such as digital asset packs, plans, and other immediately downloadable items; gift cards; downloadable software products; and made to order items. 

DMCA POLICY

NOTICE AND COUNTER NOTICE 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent. 

Notice Procedures 

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (“DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.   Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 

Counter Notification Procedures 

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent. 

Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue. 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 

Designated Copyright Agent 

Please Contact Us regarding any DMCA notices or counter notices. 

     

Repeat Infringers

 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.