THE FOLLOWING DESCRIBES THE TERMS ON WHICH GRPMAX OFFERS YOU ACCESS TO ITS WEBSITES OR SERVICES.
Welcome to the Terms and Conditions (also referred to as “Agreement” or “User Agreement”) for the GRPMAX, LLC website you are using. These websites are owned, managed, and operated by GRPMAX, LLC, and the party you are contracting with is GRPMAX, LLC. This Agreement describes the terms and conditions applicable to your use of websites (also referred to as “Site(s)” or “Website(s)” ) and services operated by and for GRPMAX. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our websites or services.
This agreement is considered a reflection and extension of concepts, policies and principles, services and terms, explained throughout the Site that you are using. If you have questions please review and or refer to the applicable areas of our Site, including Frequently Asked Questions and/or Knowledgebase articles, etc., where applicable.
Terms and conditions are subject to change, and we reserve the right to change or amend this Agreement. This Agreement may not be otherwise altered or modified, except in a writing as authorized by GRPMAX.
Access and Interference
Much of the information on our Site is proprietary. You agree that you will not take any action that may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, copy, reproduce, modify, or create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of GRPMAX and the appropriate third party, as applicable.
GRPMAX, our subsidiaries, officers, directors, employees and vendors provide our web site(s) and services “as is” and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors, employees and vendors specifically disclaim any implied warranties of fitness for a particular purpose. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
Under no circumstances shall we, our subsidiaries, officers, directors, employees or vendors be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement, however arising, including negligence. GRPMAX’s liability, and the liability of our subsidiaries, officers, directors, employees, and vendors, to you or any third parties in any circumstance is limited to the amount of refundable fees you pay to us in the 12 months prior to the action giving rise to liability. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold GRPMAX, its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Nature of relationship
You and GRPMAX have either a consumer/provider or independent contractor relationship, and no partnership, joint venture, affiliate, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
In the event a dispute arises between you and GRPMAX our goal is to provide you with a fair and cost effective means of resolving the dispute quickly. Before resorting to any below-mentioned alternative we strongly encourage you to first contact us directly. We will consider all reasonable requests to resolve the dispute prior to further action being pursued.
This Agreement will be governed by and construed in accordance with the laws of the State of Michigan. For any claims or causes of action relating to the performance of either party where the total amount of the award sought is less than $10,000 you or GRPMAX may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases arbitration shall be in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (JAMS). The parties shall be allowed all discovery rights pursuant to the Federal Rules of Civil Procedure. If you file a claim or counterclaim against GRPMAX, you shall do so on an individual basis and not with any other member or as part of a class action. The decision of the arbitrator shall be final and binding on both parties and may, if need be, any judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Both parties to arbitration shall be responsible for their own expenses, including but not limited to legal and filing fees. This agreement to arbitrate shall survive any expiration or termination of the agreement and Terms and Conditions.
Alternatively, the Claim may be adjudicated by a court of competent jurisdiction located in Kent County, Michigan. You along with GRPMAX agree to submit to the jurisdiction of the courts located within the county of Kent County, Michigan.
Ongoing business operations such as changes in pricing, routine agreements, and addendums, etc., are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site.
Each of these policies may be changed periodically and are effective immediately after we post the changes on the Site. Additionally, when using services on the Site you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may also be posted periodically. All such posted policies, procedures, or rules are hereby incorporated by reference into this Agreement.
This Agreement shall be governed in all respects by the laws of the State of Michigan as such laws are applicable to agreements entered into and to be performed entirely within Michigan. We do not guarantee 100% continuous uptime or that our site or services will never be interrupted or interfered with by factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, it shall not invalidate the remaining provisions and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by GRPMAX in accordance with Section 21 “Notices.” Any failure on our part to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire contract and understanding between you and GRPMAX. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect. With respect to fees owed for our services, license and/or permission to access our site, and the terms thereof, liability limitations, indemnity, and resolution of disputes, all shall survive any termination or expiration of this Agreement.
The services hereunder are offered by GRPMAX, LLC, located at 2828 Kraft Ave SE, Suite 294, Grand Rapids, MI 49512.