Last Updated: August 8, 2022
Alexis Grubb, LLC and its affiliates, subsidiaries and parent companies (collectively, “Alexis Grubb”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials (collectively, “Alexis Grubb Services”) that we may provide.
- Contract Between You and Alexis Grubb; Privacy Policy. These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available here) form a legally binding agreement between you and Alexis Grubb, and govern your access and use, and our provision of, the Alexis Grubb Services and any other technology, items or other materials on which these Terms are posted. BY ACCESSING OR USING ANY ALEXIS GRUBB SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY ALEXIS GRUBB SERVICES, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION — SEE SECTION 8 BELOW FOR RESOLUTION OF DISPUTES BETWEEN YOU AND ALEXIS GRUBB. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY ALEXIS GRUBB SERVICES. Supplemental terms and conditions may apply to certain Alexis Grubb Services, such as rules for a particular contest, sweepstakes, competition, or activity, or terms that may accompany certain content, software or other materials accessible through the Alexis Grubb Services (“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and govern specifically over such activities.
- Changes to These Terms. We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Alexis Grubb Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Alexis Grubb Services. By continuing to use any Alexis Grubb Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.
- Alexis Grubb’s Intellectual Property; Limited License to Alexis Grubb Services.
Ownership. You acknowledge and agree that the Alexis Grubb Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by Alexis Grubb or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain Alexis Grubb Services and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Alexis Grubb and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with Alexis Grubb’s ownership of the Alexis Grubb Services, and that you gain no rights, title, or interest in or to any Alexis Grubb Services, except as stated in these Terms or any executed written agreement between you and Alexis Grubb. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Alexis Grubb or any third party.All programs created by Alexis Grubb are intended solely for those who have paid for access to the content. Those with access to the content may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such version of the product, or sell or offer it for sale.You are not licensed to resell any of our materials, repackage our tools in your own voice, or write books teaching our tools extensively, or create your own certification course based on our framework. You cannot use any curriculum provided by Alexis Grubb to sell or re-create a version of it as your own. This is considered copyright infringement.
Anybody who is found violating these terms will immediately lose access to the content without refund, and may be subject to legal ramifications.
Limited License. For any Alexis Grubb Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to access and use the specific Alexis Grubb Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
Restrictions. You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any Alexis Grubb Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Alexis Grubb Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the Alexis Grubb Services; (iv) access or use any Alexis Grubb Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Alexis Grubb Services or any part thereof, except as expressly authorized in these Terms or as part of the Alexis Grubb Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Alexis Grubb Services or connected network, or interfere with any person or entity’s use or enjoyment of any Alexis Grubb Services; (vii) access, monitor, or copy any element of the Alexis Grubb Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Alexis Grubb Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Alexis Grubb Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Alexis Grubb Services, you represent and warrant that: (ix) your access to and use of the Alexis Grubb Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Alexis Grubb Services and our websites.
Third Party Services and Content. Certain Alexis Grubb Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of the Alexis Grubb Services. There is no implied affiliation, endorsement or adoption by Alexis Grubb of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that apply to these
Third-Party Services. Certain opinions, advice, statements, or other information may be made available by third parties through or in connection with the Alexis Grubb Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Alexis Grubb Services. Alexis Grubb DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY ALEXIS GRUBB SERVICE; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL ALEXIS GRUBB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE ALEXIS GRUBB SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY in connection with the Alexis Grubb services.
Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THE ALEXIS GRUBB SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, ADVICE, OR INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE ALEXIS GRUBB SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE ALEXIS GRUBB SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE TO USE THE ALEXIS GRUBB SERVICES AT YOUR SOLE RISK. YOU WILL NOT HOLD ALEXIS GRUBB OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE ALEXIS GRUBB SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE ALEXIS GRUBB SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH ALEXIS GRUBB; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
Mobile Networks; Texting. When you access any Alexis Grubb Services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all Alexis Grubb Services may work with your network provider or device.
- Your Content and Account.
User Generated Content. The Alexis Grubb Services may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information, feedback about our products and services, or other content (“User Generated Content”). User Generated Content that you submit through your Team Alexis Grubb Account or any other Alexis Grubb Services will be stored, maintained and used by Alexis Grubb in accordance with our Privacy Policy. You acknowledge certain types of User Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.You may not submit or upload User Generated Content that Alexis Grubb determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our affiliates and subsidiaries, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Alexis Grubb Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of Alexis Grubb, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Alexis Grubb. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Alexis Grubb Services and our websites.
License to Your User Generated Content. We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Alexis Grubb Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, or on our websites. We are not, however, obligated to use your User Generated Content.To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
Public Forums. Certain Alexis Grubb Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.
User Conduct. You must only use the Alexis Grubb Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Alexis Grubb Services. In using any Alexis Grubb Services, and in particular, our websites, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
– copy, reproduce, or improperly use or access any content on our websites;
– modify, distribute, or re-post any content on our websites for any purpose; or
– use the content on our websites for any commercial exploitation whatsoever.
– disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
– access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;
– attempt to probe, scan, or test the vulnerability of the Alexis Grubb Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
– access any Alexis Grubb Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
– interfere or attempt to interfere with the use of our websites or the Alexis Grubb Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
– use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites; harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our websites or affiliated or linked sites;
– upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
– use, frame, or utilize framing techniques to enclose any Alexis Grubb trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Alexis Grubb’s express written consent;
– use meta tags or any other “hidden text” utilizing an Alexis Grubb name, trademark, or product name without Alexis Grubb’s express written consent;
– deeplink to our websites without Alexis Grubb’s express written consent;
– create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
– harvest or otherwise collect information about Alexis Grubb users, including email addresses and phone numbers;
– download, “rip,” or otherwise attempt to obtain unauthorized access to any Alexis Grubb Services, content or other materials; and
– post any copyrighted material unless the copyright is owned by you.Your Account; Passwords. Certain Alexis Grubb Services may permit or require you to create an account to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for illegal conduct.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Alexis Grubb Services. You agree not to use the account, username or password of any other account holder at any time. Alexis Grubb will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
Member Public Profiles. If or when you create an account with us, you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other Alexis Grubb members or account holders.Alexis Grubb relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Alexis Grubb does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.
You are solely responsible for your interactions with other members. You acknowledge and agree that Alexis Grubb does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. Alexis Grubb does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.
- Alexis Grubb’s Products/Services; Websites; Orders.
Product and Service Descriptions, Price and Other Information. We have taken reasonable precautions to ensure that all service descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:- Alexis Grubb reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
– Alexis Grubb reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;
– all prices are displayed in United States Dollars unless expressly indicated otherwise;
– packaging and contents may vary from that shown on our websites;
– any weights, dimensions, and capacities shown on our websites are approximate only;
– when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice we provide to you); and
– all items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. Alexis Grubb will not incur any obligation as a result of such change. By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.Your Personal and Payment Information. When you provide any information to us for any reason, such as to sign up for an offer or purchase our Alexis Grubb Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at hello@alexisgrubb.com. To help keep your account current and prevent service interruption, you acknowledge Alexis Grubb may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Alexis Grubb’s Reservation of Rights. Alexis Grubb reserves the right to suspend or terminate your interaction with any Alexis Grubb Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any Alexis Grubb Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.
- Piracy. Counterfeit products hurt us all. While it causes immeasurable harm on a global basis—such as funding terrorism and organized crime, causing identity theft, and contributing to lost business and jobs—it also significantly harms companies, governments, and consumers. Alexis Grubb™ is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit Alexis Grubb products. Although we are waging the war against counterfeit products, we need your help! If you ever learn of any counterfeit activity, please let us know by sending an email to hello@alexisgrubb.com.
- Copyright Policy and Copyright Agent. It is Alexis Grubb’s policy to respect the copyright and other intellectual property rights of others. Alexis Grubb may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Alexis Grubb may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Alexis Grubb complies with the Digital Millennium Copyright Act. If you believe that content available on or through the online Alexis Grubb Services, or accessible via links posted on online Alexis Grubb Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online Alexis Grubb Services infringes your copyright, you should contact an attorney.A Notification must include the following:
– Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
– Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
– The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
– A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Please direct Notifications via email to: hello@alexisgrubb.com. Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are repeat infringers. - DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
Disputes. The terms of this Section shall apply to all Disputes between you and Alexis Grubb. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Alexis Grubb arising under or relating to any Alexis Grubb Services, Alexis Grubb’s websites, these Terms, or any other transaction involving you and Alexis Grubb, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND ALEXIS GRUBB AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.Binding Arbitration. You and Alexis Grubb further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
Dispute Notice. In the event of a Dispute, you or Alexis Grubb must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice must be emailed to hello@alexisgrubb.com. If Alexis Grubb and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Alexis Grubb may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND ALEXIS GRUBB AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND ALEXIS GRUBB AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Alexis Grubb agree that if Alexis Grubb makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Alexis Grubb’s address) in these Terms, Alexis Grubb will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
Exclusive Venue for Other Controversies. Alexis Grubb and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Ada County, Idaho, or the United States District Court for the Central District of Idaho, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
- Indemnification; Limitation of Liability.
Indemnification. You agree to indemnify and hold Alexis Grubb, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your improper use of any Alexis Grubb Services, your violation of these Terms, or your violation of any rights of a third party.Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALEXIS GRUBB OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO ALEXIS GRUBB OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY ALEXIS GRUBB SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF ALEXIS GRUBB AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO ALEXIS GRUBB FOR ANY ALEXIS GRUBB SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ALEXIS GRUBB AND YOU. THE ALEXIS GRUBB SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. ALEXIS GRUBB WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR. - Miscellaneous.
Governing Law. You agree that the laws of the state of Idaho, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and Alexis Grubb. As the Alexis Grubb Services are controlled by Alexis Grubb from Idaho, Idaho law will apply regardless of your residence or the location where you use Alexis Grubb Services.International
Users. Our websites are controlled, operated, and administered by Alexis Grubb from its offices within the United States of America. Alexis Grubb makes no representation or warranty that the materials contained within our websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the websites are illegal is prohibited. You may not use the websites or export the content or products in violation of U.S. export laws and regulations. If you access our websites from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.
Notices. All notices required or permitted to be given under these Terms must be in writing. Alexis Grubb may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH ALEXIS GRUBB IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY ALEXIS GRUBB OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Alexis Grubb by means of email to hello@alexisgrubb.com Such notice to Alexis Grubb shall be effective upon receipt of notice by Alexis Grubb.Severability. If any provision of these Terms (except for Section 8), or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.
Termination. Notwithstanding anything to the contrary in these Terms, Alexis Grubb reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Alexis Grubb Services, including to block or prevent your access and use of any of our websites. You agree that Alexis Grubb shall not be liable for any termination of your access and/or use of our websites.
No Third Party Beneficiaries. Except as set forth in these Terms, only you and Alexis Grubb may enforce these Terms; no third party shall be entitled to enforce these Terms.
Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the CEO and or the legal counsel of Alexis Grubb in order to be effective.
Assignment. Alexis Grubb may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.
Amendments; Entire Agreement. These Terms may not be amended unless in a signed writing by an executive (Vice President or above in title) of Alexis Grubb. These Terms constitute the final, exclusive and complete agreement between you and Alexis Grubb regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and Alexis Grubb.
Language. It is the express intent of the parties that these Terms and all related documents have been written in English.
CONTACT US:
Please feel free to send us comments, concerns, or questions at:
Email: hello@alexisgrubb.com
