Terms and Conditions

GRINDOLOGY.COM TERMS OF USE


Welcome to GRINDOLOGY.com. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms of Use or the Services, please contact us at thelab@grindology.com.


User’s Acknowledgment and Acceptance of Terms


IntellaSense, LLC d/b/a GRINDOLOGY (“GRINDOLOGY,” “we” and “us”) provides the Services subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using the Services, users will be subject to any posted guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

 

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICES, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SERVICES.

 

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Services.


Changes to Terms of Use


We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason in our sole discretion, and without notice.


Intellectual Property Information


Copyright © 2020 IntellaSense, LLC All Rights Reserved.


The GRINDOLOGY name, and all related names, logos, product and service names, designs, and slogans are trademarks of GRINDOLOGY or our Affiliates or licensors, and the materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including GRINDOLOGY’s) rights. 


You also understand that GRINDOLOGY owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

 

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User Submissions” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.


The Basics of Using GRINDOLOGY


You will be required to sign up for an account, and select a password and user name (“GRINDOLOGY User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your GRINDOLOGY User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.


You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization or entity’s behalf and bind them to these Terms of Use (in which case, the references to “you” and “your” in these Terms of Use, except for in this sentence, refer to that organization or entity).


You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.


You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.


You’re free to stop using GRINDOLOGY at any time, by contacting us at thelab@grindology.com; please refer to our Privacy Policy, as well to understand how we treat information you provide to us after you have stopped using our Services.


GRINDOLOGY is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms of Use. GRINDOLOGY has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use.


Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

 

Responsibility For What You See and Do On the Services


Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.


You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.


The Services may contain links or connections to third party websites or services that are not owned or controlled by GRINDOLOGY. When you access third party websites or use third party services, you accept that there are risks in doing so, and that GRINDOLOGY is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.


GRINDOLOGY has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, GRINDOLOGY will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.


Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that GRINDOLOGY will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.


If there is a dispute between participants on this site, or between users and any third party, you agree that GRINDOLOGY is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release GRINDOLOGY, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”


How do GRINDOLOGY memberships work?


GRINDOLOGY offers subscription membership plans (“Membership(s)”) pursuant to which you will receive regular shipments of our branded coffees, specially curated lifestyle products, and branded magazine. We offer multiple payment plans for Memberships; for example, we may offer a quarterly or annual payment plan. YOU ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE YOUR MEMBERSHIP/ACCOUNT IN ACCORDANCE WITH THESE TERMS. You understand that we will automatically charge your credit card on file for each applicable billing period (depending on which payment plan you’ve selected) until you cancel your Membership.


You may cancel your Membership at any time by contacting us at thelab@grindology.com. or by logging into your account, selecting 'Manage Subscriptions', locate the subscription you would like to terminate and click ‘cancel’ on the right side of that subscription. Cancellation requests must be received at least 30 days prior to the billing date of the Membership renewal, or else you will be charged for the then-current billing period and will not be entitled to recoup payments made to us for that billing period.


GRINDOLOGY may, from time to time in its sole discretion, offer certain promotional codes for discounts and other benefits. You may not transfer promotional codes or redeem them for cash, credit, or toward previous purchases. Furthermore, you may not use promotional codes in conjunction with any other offer or promotional discount, and you must redeem promotional codes by the date published, if provided. Lost promotional codes cannot be replaced. You may only use one promotional code. Any promotional program may be terminated or modified by GRINDOLOGY at any time in its sole discretion. Promotional codes are void where prohibited.


Purchase of Memberships and Products Through the Services


While we will try to give you advance notice of any changes in our pricing and availability, we reserve the right to change our prices, available products, and Memberships at any time. Also, we may occasionally make errors in the stated prices on the Services. If a product’s or Membership’s correct price is inaccurately stated on the Services, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.


All sales are final and we do not allow returns or substitutions of products. We reserve the right to refuse or limit any orders and Memberships. We may refuse any cancellation requests for products and orders in our sole discretion. We reserve the right to provide substantially similar products to fulfill your order.


If you receive a damaged or incomplete order, please contact us at thelab@grindology.com within 3 weeks of receiving your order. We may offer any refunds or replacements solely in our discretion.


We are not responsible for damage to your order or risk of loss once we deliver your order to the common carrier for shipment to you. Title to your order passes from us to you at the time we deliver your order to the common carrier. We reserve the right to choose any common carrier to ship your order to you. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.


You authorize GRINDOLOGY and its payment processor to charge your payment card for all purchases you make, including automatically during each billing period for your Membership. You are responsible for providing us with complete and accurate personal and payment account information, and for keeping such information up-to-date. We may, in our sole discretion, cancel your payment at any time by providing notice to you through the contact information you have provided us in your account (such as your personal email address) or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from making future payments for any reason, including, without limitation, (a) if you attempt to use the Services in breach of any applicable law or regulation; (b) if we suspect fraudulent, unlawful, or improper activity regarding a payment; or (c) if you breach any of these Terms of Use or our Privacy Policy.


Our pricing does not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.


Privacy


GRINDOLOGY takes the privacy of its users very seriously. For the current GRINDOLOGY Privacy Policy, please click here. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at thelab@grindology.com.

  

Your Representations and Warranties


You represent, warrant, and agree that you will not contribute any Content or User Submission (defined below) or otherwise use the Services or interact with the Services in a manner that:


  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of anyone (including GRINDOLOGY);

  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;

  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

  • Impersonates any person or entity, including any of our employees or representatives;

  • Runs Maillist, Listserv, any form of auto-responder on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

  • Copies or stores any significant portion of the Content; or

  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. Users who violate systems or network security may incur criminal or civil liability. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.


We neither endorse nor assume any liability for the User Submissions by third party users of the site. We generally do not pre-screen, monitor, or edit the User Submissions, however, we have the right to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. 

  

User Submissions


Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. Anything you post, upload, share, store, or otherwise provide through the Services, such as any text, photographs, ideas, comments, suggestions, or other content, is your “User Submission.” While you retain all rights in such User Submissions, you grant us and our designated licensees a nonexclusive, paid-up, royalty-free, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use the User Submissions for any purpose regardless of the form or medium (now known or not currently known) in which they are used. You further irrevocably waive and agree not to assert any “moral rights” that you have to prevent us from exploiting the rights granted above, and you grant us the right to use and display your name, GRINDOLOGY User ID, photograph, and any other information that you submit in connection with any GRINDOLOGY User ID. Finally, you understand and agree that GRINDOLOGY, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

 

We respect the intellectual property of others, and we ask you to do the same. We reserve the right to block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and remove and discontinue service to repeat offenders. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:


  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed;

  • Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

  • Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

  • 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 that is allegedly infringing.

Upon receipt of a proper notice of copyright infringement, we reserve the right to remove or disable access to the infringing material, notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material, and terminate such content provider’s access to the Services if he or she is a repeat offender.


If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:


  • A physical or electronic signature of the content provider;

  • 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 disabled;

  • A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

  • Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which GRINDOLOGY is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, GRINDOLOGY may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that GRINDOLOGY may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at GRINDOLOGY’s discretion.


Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

 

Designated Agent for Claimed Infringement:

 

IntellaSense, LLC

2750 S. Preston Road, Suite 116-350
Celina, Texas 75009

thelab@grindology.com 


You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

Disclaimer of Warranties


Neither GRINDOLOGY nor its Affiliates makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from GRINDOLOGY or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED BY GRINDOLOGY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 


Limitation of Liability


TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) WILL GRINDOLOGY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (i) $100 OR (ii) THE AMOUNTS PAID BY YOU TO GRINDOLOGY IN CONNECTION WITH THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 

 

FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

  

Indemnification


To the fullest extent allowed by applicable law, You agree to indemnify and hold GRINDOLOGY, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms of Use. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice will not eliminate or reduce your indemnification obligations hereunder).


Assignment


You may not assign, delegate, or transfer these Terms of Use or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GRINDOLOGY’s prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.

 

Participation in Promotions


This site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of such third party advertisers. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

     

Security and Password


You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

  

International Use


Although the Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.

 

Termination of Use


You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons, your right to use and access the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.


Provisions that, by their nature, should survive termination of these Terms of Use will survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

Governing Law; Arbitration


These Terms of Use are governed by and will be construed under the laws of the State of Texas, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms of Use will be finally settled in Collin County, Texas, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party will have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Collin County, Texas. Any arbitration under these Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GRINDOLOGY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Notices


All notices to a party will be in writing and will be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at thelab@grindology.com, if by e-mail, or at IntellaSense, LLC, 2750 S. Preston Road, Suite 116-350, Celina, Texas 75009, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your registration. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts will constitute notice to you.

 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

 

Entire Agreement


These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use will take precedence.

 

Miscellaneous


In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with two years after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy or use any of the Services for any commercial purposes.

 

In addition to any excuse provided by applicable law, we will be excused from liability for nondelivery or delay in delivery of products and services available through the Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights will not constitute a waiver of that right or provision.


You acknowledge and agree that you are not an employee, agent, partner, or joint venture of GRINDOLOGY, and you do not have any authority of any kind to bind GRINDOLOGY in any respect whatsoever. You and GRINDOLOGY agree there are no third-party beneficiaries intended under these Terms of Use.


Contact Information


Except as explicitly noted on this site, the services available through this site are offered by IntellaSense, LLC, a Texas limited liability company, located at 2750 S. Preston Road, Suite 116-350, Celina, Texas 75009. If you are a Texas resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of the Attorney General may be contacted in writing at PO Box 12548 Austin, Texas 78711-2548. If you notice that any user is violating these Terms of Use, please contact us at thelab@grindology.com.