TERMS & CONDITIONS

 

 

THE AGREEMENT: The use of this website and services on this website provided by Gorillapips LLC
(hereinafter referred to as “Company”) are subject to the following Terms & Conditions (hereinafter the
“Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This
Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as
“Website”) and any services provided by or on this Website (“Services”).

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes
the Website, and certain Services on it, available to users. Gorillapips LLC, Company, Us, We, Our,
Ours and other first-person pronouns will refer to the Company, as well as all employees and
affiliates of the Company.

b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this
Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as
Parties.

2) ASSENT & ACCEPTANCE

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree
to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website
immediately. The Company only agrees to provide use of this Website and Services to You if You assent
to this Agreement.

3) AGE RESTRICTION

You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By
using this Website, You represent and warrant that You are at least 18 years of age and may legally agree
to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your
age.

4) LICENSE TO USE WEBSITE

The Company may provide You with certain information as a result of Your use of the Website or
Services. Such information may include, but is not limited to, documentation, data, or information
developed by the Company, and other materials which may assist in Your use of the Website or Services
(“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited,
non-transferable and revocable license to use the Company Materials solely in connection with Your use
of the Website and Services. The Company Materials may not be used for any other purpose, and this
license terminates upon Your cessation of use of the Website or Services or at the termination of this
Agreement.

5) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Company are the property of the Company,
including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company
IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You
will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or
distribute the Company IP in any way, including electronically or via registration of any new trademarks,
trade names, service marks or Uniform Resource Locators (URLs), without express written permission
from the Company.

a) In order to make the Website and Services available to You, You hereby grant the Company a
royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make
derivative works of any content You publish, upload, or otherwise make available to the Website
(“Your Content”). The Company claims no further proprietary rights in Your Content.

b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated
by the posting of information or media by another of Our users, please contact Us and let Us know.

6) USER OBLIGATIONS

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will
choose a user identifier, which may be Your email address or another term, as well as a password. You
may also provide personal information, including, but not limited to, Your name. You are responsible for
ensuring the accuracy of this information. This identifying information will enable You to use the Website
and Services. You must not share such identifying information with any third party, and if You discover
that Your identifying information has been compromised, You agree to notify Us immediately in writing
Services, or general business of the Company.

a) You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may
damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards
any group;
VIII) To unlawfully gather information about others.

8) AFFILIATE MARKETING & ADVERTISING

The Company, through the Website and Services, may engage in affiliate marketing whereby the
Company receives a commission on or percentage of the sale of goods or services on or through the
Website. The Company may also accept advertising and sponsorships from commercial businesses or
receive other forms of advertising compensation. This disclosure is intended to comply with the US
Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements
which may apply.

9) ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agree
that any information posted on Our Website is not intended to be legal advice, medical advice, or financial
advice, and no fiduciary relationship has been created between You and the Company. You further agree
that Your purchase of any of the products on the Website is at Your own risk. The Company does not
assume responsibility or liability for any advice or other information given on the Website.

10) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on
the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of
encryption or other security tools, data mining or interference to any host, user or network.

11) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that
Your use of the Website or Services is at Your own risk.

12) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us
harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may
arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or
Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and
may participate in its own defense, if the Company wishes.

13) SPAM POLICY

You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam
activities, including gathering email addresses and personal information from others or sending any mass
commercial emails.

14) THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. You agree that the
Company is not responsible or liable for any loss or damage caused as a result of Your use of any third
party services linked to from Our Website.

15) MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify this Agreement. You
agree that the Company has the right to modify this Agreement or revise anything contained herein. You
further agree that all modifications to this Agreement are in full force and effect immediately upon posting
on the Website and that modifications or variations will replace any prior version of this Agreement,
unless prior versions are specifically referred to or incorporated into the latest modification or variation of
this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of
law, You agree that the prior, effective version of this Agreement shall be considered enforceable and
valid to the fullest extent.

b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of
this Agreement to note modifications or variations. You further agree to clear Your cache when
doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of
the Website after any modifications to this Agreement is a manifestation of Your continued assent to
this Agreement.

c) In the event that You fail to monitor any modifications to or variations of this Agreement, You
agree that such failure shall be considered an affirmative waiver of Your right to review the modified
Agreement.

16) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of
this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral, regarding the use of this Website.

17) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website to perform maintenance or emergency
services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected
by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability
for any damage or loss caused as a result of such downtime.

18) TERM, TERMINATION & SUSPENSION

The Company may terminate this Agreement with You at any time for any reason, with or without cause.
The Company specifically reserves the right to terminate this Agreement if You violate any of the terms
outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a
third party, failing to comply with applicable laws or other legal obligations, and/or publishing or
distributing illegal material. If You have registered for an account with Us, You may also terminate this
Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement,
any provisions that would be expected to survive termination by their nature shall remain in full force and
effect.

19) NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any
Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all
express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for
a particular purpose and the implied warranty of merchantability. The Company makes no warranties that
the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, errorfree,
or secure. The Company also makes no warranties as to the reliability or accuracy of any information
on the Website or obtained through the Services. You agree that any damage that may occur to You,
through Your computer system, or as a result of loss of Your data from Your use of the Website or
Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

20) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to You as a result of Your use of the Website
or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or
relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You
paid to the Company in the last six (6) months. This section applies to any and all claims by You,
including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.

21) GENERAL PROVISIONS:

a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in
the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or
Services, You agree that the laws of the State of Maryland shall govern any matter or dispute relating
to or arising out of this Agreement, as well as any dispute of any kind that may arise between You
and the Company, with the exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal
jurisdiction of the state and federal courts of the following county: Anne Arundel, Maryland. The
Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather
mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the
doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this
Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these
personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The
arbitration shall be conducted in the following county: Anne Arundel. The arbitration shall be
conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the
provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be
bound by applicable and governing Federal law as well as the law of the following state: Maryland.
Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section
include, but are not limited to: contract claims, tort claims, claims based on Federal and state law,
and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by
the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated.
The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a
jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold,
leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted
hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and
liabilities of the Company will bind and inure to any assignees, administrators, successors, and
executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a
court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the
maximum extent possible. In such condition, the remainder of this Agreement shall continue in full
force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not
constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of
any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this
Agreement are for convenience and organization, only. Headings shall not affect the meaning of any
provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint
venture has been created between the Parties as a result of this Agreement. No Party has any
authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond
its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of
military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may
be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are
permitted to both Parties under this Agreement, including e-mail or fax. For any questions or
concerns, please email Us at the following address: info@gorillapips.com

 

 

 

 

 

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