Grander Inc. Terms of Use

Last Updated: January 1, 2018

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of the website, services and mobile application (collectively, our “Services”) on the Internet or in cellular media provided by Grander Inc. These Terms constitute a fully binding agreement between Grander Inc. (including its affiliates and subsidiaries, “Grander” or “We”) the proprietor of all rights in and to the Software and Service, and you. It is therefore recommended that you carefully read these Terms. By using the Service, you signify your assent to these Terms; and Grander’s privacy policy (“Privacy Policy”). 

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service. 

 Services. Upon payment of the applicable fee, Grander hereby grants you a non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the mobile application) for your internal use and non-commercial purposes, subject to these Terms. Our Services offers tools, resources and a venue to connect those seeking athletic advice and consultation with professional athletes; mentors. Grander does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; makes no representations or warranties about the quality of the advice or consultation provided by any athletes or mentors or about your interactions or dealings with athletes or mentors except as expressly stated on our Services; and (d) does not screen users or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services. Grander hereby expressly disclaims, and you hereby expressly release Grander from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at your sole and exclusive risk. 

Services Use and Restrictions. You may use the Service solely for private and personal purposes. You may not use the Service commercially. You may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; (iv) offer the Service to the public via communication or integrate it within a service of your own, without our prior written consent or (v) download any portion of our Services or materials thereon, except as expressly permitted by us. 

The Service is intended for use by users over the age of 13 years old. 

You may not copy, print, save or otherwise use data from our website, mobile application or the Service's database. This clause does not limit the use of the database as intended by the mobile application and for the purposes of private and personal use of the Service. 

When using the Service or our website you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access our website or the Service’s database for any purpose without the express prior written permission of Grander. 

Account. By using our Services, you represent and warrant that you have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services and have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. In order to access or use our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify us if you discover or otherwise suspect any security breaches related to our Services or your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. 

Communications. By creating an account, you consent to receive electronic communications from Grander. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications. 

Fees. You may purchase subscriptions to access and use our Services. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. 

Advertisements. Third party advertisements may appear on the Service from time to time. We do not endorse these advertisements. 

Internet Connection. The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. 

Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by us as detailed in our Privacy Policy at: {}. The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by us, subject to this section, the Privacy Policy and any applicable laws and regulation. 

Content. The Service may allow users of the Services to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Service. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content. It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Grander and the Service and such Content strictly complies with these Terms. When you submit Content to be published by the Service, you must make sure it is lawful. You shall not submit Content which: 

● is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks; 

● poses a risk to a person's safety, security or health; 

● identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;

● is unlawful, defamatory, libelous or invades the privacy of others; 

● is harassing, offensive, threatening or vulgar; 

● is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;

● encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

● promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms; and/or 

● falsely expresses or implies that such content is sponsored or endorsed by Grander. 

We may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Grander or any of its agents or affiliates. In such cases, we may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to us by any law. 

Rights in Content. When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit us to publish the Content and exploit all intellectual property rights in and to the Content. 

Copyright. All intellectual property rights in and to our website and the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Grander or its affiliates or are exclusively licensed to Grander. The Service is protected, among others, by applicable copyright provisions prescribed by any law. The design, trade dress, and the ‘look and feel’ of the maps of the website and the Service are protected works under applicable copyright laws and Grander and its affiliates retain all intellectual property rights in them. 

Apple. If you use the Service on an Apple device, then you agree and acknowledge that: 

Apple, Inc. (“Apple”) bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support; You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. 

Limitation of Liability. Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. 

Grander, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the service, or from any failure, error, or breakdown in the function of the Service, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on the content of the service, including, without limitation, content originating from third parties, or from any communication with the Service, or with other users on or through the Service, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on the Service. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in light of the relevant circumstances. 

Should you desire to file any cause of action against Grander, arising out of or related to the Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit. 

Indemnification. You will defend, indemnify and hold harmless Grander, our independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any Content you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. 

Modification. Grander may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Grander for applying such changes or for failures incidental to such changes. Grander may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Services. 

Governing Law. These Terms, the Software and the Service will be governed solely by the laws of the Commonwealth of Massachusetts, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms and the Service, will be under the exclusive jurisdiction of the competent court situated in the Commonwealth of Massachusetts. 

Miscellaneous. These Terms constitute the entire agreement between you and Grander relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Grander. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Grander’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.