In effect: April 11, 2023
Welcome! The following terms and conditions (“Terms of Service,” “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” “customer”) and Whodo LLC dba Grip Equipment (“GRIPeq,” “we,” “us” or “our”), concerning your access to and use of the grip-eq.com website (the “Site”), our mobile application(s), our related website(s), our social media account(s), service(s), software, and any other website(s) or application on which these Terms are posted (collectively, with the Site the “Services”). These terms apply to any version of the Services, whether accessed via computer, mobile device, tablet, or any other device, and include without limitation all content, features, services, products, information, resources, software, data, and content of any kind including, without limitation, the information, features, artwork, text, video, audio, pictures, and services available on or accessed through the Services.
Agreement to Terms
You agree that by accessing grip-eq.com, you participate in our Services and have read, understood, and agree to be bound by all of these terms and conditions, including any supplemental terms and conditions, policies, or documents that may be posted on the Site or available by hyperlink. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SERVICES.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions before you use the Site.
Modification of Terms
We reserve the right to change or modify these Terms and Conditions at any time and for any reason. The current Terms can be found on this page, and your continued use of or access to the website constitutes your acceptance of any changes.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
Customer Service and Mailing Lists
When you visit and/or use the Services or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. You agree that all communications (including, but not limited to, all notices, agreements, and disclosures) provided to you electronically by GRIPeq satisfy any legal requirement that such communication be in writing.
By signing up for our mailing list, you opt-in to receive information and news, special offers, and marketing and communication emails. You may unsubscribe from these emails by following the opt-out instructions in these emails or by emailing us at firstname.lastname@example.org.
You represent that you are legally capable of entering into contracts. You agree to immediately pay for any and all products and services you purchase on or through the Services. Payment is required before products or services are delivered or made available for delivery to you. You may not use products available on or through the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction.
We have taken reasonable precautions to try to ensure that prices quoted on the Services are correct and that all products have been fairly described. However, when ordering products through the Services, please note that orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on the Services, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. All prices are displayed in United States Dollars unless expressly indicated otherwise. We reserve the right to adjust pricing for our products and services in any manner and at any time as we may determine in our sole and absolute discretion. All items are subject to availability, and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available.
GRIPeq does not warrant that product descriptions or other Content are accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors, packaging, 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. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
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 we offer. Any offer for any product or service made on the Services is void where prohibited.
If you do not receive a confirmation (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed by contacting us. Only you may be aware of any problems during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. You will be notified via e-mail when your order has been shipped.
All items purchased from GRIPeq are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
We process and ship orders as quickly as possible, typically within 24-48 hours of receiving an order, Monday through Friday. We do not ship on the weekends or certain designated holidays. Modification or cancellation of orders can be made until your order is delivered to the shipment carrier. After that time, any shipping fees already processed will be non-refundable, and any additional charges incurred due to the changes will be billed to you. For more information, please review our Shipping Policy.
You agree to provide current, complete, and accurate information when making a purchase or using the Services so that we can process and complete your order and contact you if needed. You are liable for any costs associated with inaccurate information.
Comment, Feedback, and Suggestions
All comments, feedback, suggestions, ideas, and other submissions, that you disclose, submit, or offer to us in connection with your use of the Services, including but not limited to your suggestions regarding improvements that we make to the Services (collectively, “Comments”), will become our exclusive property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own all such rights, titles, and interests exclusively and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (a) to maintain any Comments in confidence; (b) to pay to you or any third party any compensation for any Comments; or (c) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
In addition to the rights applicable to any Comments, when you post comments or reviews to the Services, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content you post on the Services and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments or content posted. We may, but shall not be obligated to, remove or edit any comments or content posted (including reviews) for any reason.
You may register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity, and you agree to comply with these Terms and Conditions;
(4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Site for any illegal or unauthorized purpose;
(7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
Termination of User Access
These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Third-Party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies. We take no responsibility whatsoever in relation to such purchases that are exclusively between you and the applicable third party.
Hyperlinks to Services
If you place a link to the Services on a third-party website, you must adhere to GRIPeq’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with GRIPeq and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GRIPeq, and (iii) GRIPeq reserves the right to revoke its consent to the link at any time and in its sole discretion.
Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. If you believe any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be liable for damages if you make material misrepresentations in a Notification. Thus, if you are unsure that material located on or linked to by the Site infringes your copyright, you should consider contacting an attorney first.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if the Notification covers multiple copyrighted works on the Site, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed upon.
Upon notification we will remove or disable access to the infringing material and notify the content provider.
Please contact our Designated Agent at 700 Massachusetts St. Ste 104, Lawrence KS 66044 or at email@example.com.
Modifications and Interruptions
We have no obligation to update any information on our Site. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Limitation of Liability
In no event shall GRIPeq or any of its subsidiaries or affiliates, together with their respective directors, officers, managers, members, shareholders, employees, and agents, be liable for any direct, incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including without limitation: (a) lost revenues or profits, (b) loss of business or loss of data, or (c) loss or damage to any computer, mobile phone, or other device that is in any way related to the Services, the Content (including websites linked to the Services and the content, goods or services provided thereon), or your use of or access to the Services, including without limitation loss or injury based on errors, omissions, interruptions, other inaccuracies in the Services or any decisions made or actions taken by you in reliance upon the information within or content of the Services. We shall not be liable for your inability to use or access the Services, or any Content or other materials contained therein, for any computer virus relayed through the Services, for any delay or malfunction of the Services, or any other claim arising out of your use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if GRIPeq has been advised of the possibility of such damages.
The Services and all Content, products, and services contained on or available through the Services, and all links or other items related to it, are transmitted and distributed “as is” and without warranties of any kind, either express or implied, including, without limitation, that the services, its features, and functions, will be available for use or work as described. There are no warranties for the Services, the Content, products, and materials contained hereon, including but not limited to no warranties regarding title, security, accuracy, merchantability, or fitness for a particular purpose or use. All information contained within the Services is subject to amendment, revision, or updating without notice. GRIPeq does not promise that the Services, or any portion thereof, will be error-free or uninterrupted, that any defects will be corrected, or that your use of the Services will provide specific results. GRIPeq does not ensure that the services will be free of viruses or other destructive features. GRIPeq makes no representations about the content’s accuracy, reliability, completeness, or timeliness on the Services or any linked sites. We are not responsible for damage or loss caused by errors in the Services, content on the Services, linked sites, or the internet. You assume total responsibility for using the Services and any linked sites. Your sole remedy against GRIPeq for dissatisfaction with the Services is to stop using the Services.
Under no circumstances, will GRIPeq be liable to you or to any person or entity claiming through you for any loss, injury, liability, or damages arising out of or in connection with your access to, use of, inability to use, or reliance on any of our services or any content, product, or service provided to you through or in connection with any of our services. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary, or otherwise, including, without limitation, loss of data, goodwill, revenue, or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if GRIPeq has been advised of or should have known of the possibility of such damages, and without regard to the success or effectiveness of other remedies. If any part of this limitation of liability is found to be invalid, illegal, or unenforceable for any reason, then the aggregate liability of GRIPeq under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited will not exceed one hundred US dollars.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers of warranties and limitations of liability may not apply to you.
You acknowledge that you may have or may in the future have claims against us that you do not know or suspect to exist in your favor when you agreed to these terms and which, if known, might materially affect your consent to these terms.
No communications between you and us or our representatives shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these terms.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, GRIPeq’s liability is limited to the greatest extent allowable under applicable law.
You agree to indemnify, defend, and hold harmless GRIPeq, its parent, subsidiary, and affiliated entities, and each of their respective owners, officers, directors, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees and costs) arising from or in connection with: (i) your use of the Services, including without limitation all Content and products available on or through the Services; or (ii) any violation by you of these Terms or your violation of any law, regulation, or third party right. You agree that your representations and warranties, and your obligation to indemnify GRIPeq, shall survive beyond any term that these Terms are in effect.
These Terms are governed by and will be construed under the laws of the United States of America and specifically by the laws of Kansas.
Subject to the below, any dispute, claim, or controversy arising out of or relating in any way to the Services shall be determined by mandatory binding arbitration. You and GRIPeq are each waiving your right to a trial by jury and the right to participate in a class or multiparty action.
Any arbitration must commence by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. There shall be no right to any remedy for any claim not asserted within the one (1) year time period.
Any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights and any claims related to allegations of theft, piracy, or unauthorized use of the Services are NOT subject to mandatory arbitration. At GRIPeq’s option, these claims may be subject to the exclusive jurisdiction of the state and federal courts located in Kansas, and you agree to submit to personal jurisdiction and venue of such courts.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org. We welcome your comments and feedback. All communications and comments submitted to us by e-mail through the Services are non-confidential.