Legal Notice and Disclaimer
GrapeCity obtains all information, downloadable files and software contained herein from sources believed by GrapeCity to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, GrapeCity shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the GrapeCity Web site. GrapeCity makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the GrapeCity Web site. GrapeCity may change any information and/or software in the Web site at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranties of any kind. GrapeCity expressly disclaims all warranties with regard to the information and/or software, including but not limited to all implied warranties of merchantability and fitness for a particular purpose. In no event shall GrapeCity be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on GrapeCity's Web site. Some U.S. states and foreign countries may provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by GrapeCity's authorized representatives, and shall be governed by the laws of the Commonwealth of Pennsylvania.
Links to Third Party Sites
The links to third parties contained within this Web site will allow you to leave GrapeCity's site. The sites that are linked to GrapeCity’s site are not under the control of GrapeCity. GrapeCity is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. GrapeCity provides these links only as a convenience to you, the user of the Web site; and the inclusion of any link to a third party site it is not, nor does it imply in any way GrapeCity's of the linked site.
Any rights not expressly granted by GrapeCity herein are expressly reserved.
Collection of Personal Information
When you engage in certain activities on this site, such as ordering products, downloading software, or entering contests, GrapeCity may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, GrapeCity may require that you provide certain personal information such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the Web site, you may be asked to provide a credit card number. In some countries, GrapeCity is represented by an exclusive reseller who provides marketing, sales, and support services on behalf of GrapeCity in the interest of providing better service to customers residing in those countries. When you submit personal information to GrapeCity, you understand and agree that if you reside in a country where GrapeCity is represented by an exclusive reseller, GrapeCity may forward your customer profile to such reseller for the purpose of providing you with marketing, sales, and support services. Your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Occasionally, GrapeCity allows access to database information to bonded mailing houses only for the purpose of allowing for the printing of mailing labels that are used for GrapeCity's own direct mail and promotional purposes. In those instances, the third party is bound by these terms. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.
GrapeCity collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to upgrade discounts, technical support, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. GrapeCity also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other GrapeCity products and services. Notwithstanding other provisions contained herein to the contrary, you hereby agree that GrapeCity may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of GrapeCity or its affiliated entities.
Your personally identifying information will not be used by GrapeCity for editorial purposes unless you first agree in writing. GrapeCity may also use such information for GrapeCity promotional and marketing purposes. GrapeCity respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about GrapeCity products.
If you would like to have your name deactivated from GrapeCity’s lists, or if you would like to unsubscribe from GrapeCity’s e-mail bulletins, please use the contact information below to request those changes. Be sure to include your name, postal address, telephone number, information contained in your GrapeCity mailer, and/or other necessary information needed for deactivation. GrapeCity will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.
You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address, physical address, etc.) publicly on GrapeCity’s discussion forum, that information can be viewed and used by others and may result in unsolicited messages from other posters or parties.
When you visit www.grapecity.com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving which allows you to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)
Please note that GrapeCity is not responsible for the content or privacy practices of third party Web sites to which grapecity.com may link. Users may send e-mail to us at firstname.lastname@example.org with any further questions.
GRAPECITY CONTACT INFORMATION:
Attn: GrapeCity Privacy
201 S. Highland Avenue
Pittsburgh, PA 15206 USA
Modifications of the GrapeCity Site
GrapeCity may modify or discontinue GrapeCity’s site with or without notice to you and without liability to you or to any third party.
Content of Messages
You agree not to post or use GrapeCity’s site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
By submitting content, which shall include your member name, to any "public area" of GrapeCity’s site, including message boards, forums, contests and/or chat rooms, you grant GrapeCity and its affiliates a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or subsequently developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and has effectively and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on GrapeCity’s site retains any and all Rights that may exist in such content.
Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered, and GrapeCity reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GrapeCity will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with GrapeCity's Return Policy.
Third Party Services
Special routing icons may be included within GrapeCity’s site, the activation of which will allow you to access and learn more about GrapeCity and other services provided by GrapeCity or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF GRAPECITY’S SITE IS AT YOUR SOLE RISK. GRAPECITY’S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRAPECITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GRAPECITY MAKES NO WARRANTY THAT GRAPECITY’S SITE WILL MEET YOUR REQUIREMENTS, OR THAT GRAPECITY’S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GRAPECITY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GRAPECITY’S SITE. GRAPECITY WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF GRAPECITY’S SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GRAPECITY’S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT GRAPECITY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH GRAPECITY’S SITE. GRAPECITY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GRAPECITY NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN GRAPECITY’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. GRAPECITY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE. GRAPECITY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN GRAPECITY’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRAPECITY OR THROUGH GRAPECITY’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
GRAPECITY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH GRAPECITY’S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH GRAPECITY’S SITE.
GRAPECITY IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT RESIDE OR IS POSTED OUTSIDE GRAPECITY’S SITE. AS A CONVENIENCE TO GRAPECITY’S USERS, GRAPECITY MAY PROVIDE LINKS TO THIRD PARTY SITES AND TO RESOURCES THAT ARE BEYOND GRAPECITY’S CONTROL. GRAPECITY MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH GRAPECITY MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST GRAPECITY WITH RESPECT TO SUCH SITES.
Limitation of Liability
GRAPECITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE GRAPECITY’S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH GRAPECITY’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF grapecity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GrapeCity may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. GrapeCity makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from GrapeCity, and you agree that GrapeCity shall not be liable to you thereto.
Remedies for Breach of these Terms by You
GrapeCity reserves the right to charge fees, surcharges and/or membership fees at any time without any notice to you.