Grimco Swag | Terms of Service

HexPoint reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. All such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on our Site. You should view these Terms often to stay informed of changes that may affect you. Your use of our Site and Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to our Site or to any information, application, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Services (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).

HexPoint shall retain all worldwide rights in the intellectual property of the Site and any content on the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content.
You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by HexPoint, or a third party who licensed the right to use such content to HexPoint. Unless otherwise expressly noted, nothing that you read or see on the Site or other site content, or any of the source code or HTML code that HexPoint uses to generate the Site or Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of HexPoint, except as provided in the Terms of Service, without prior written consent or otherwise permitted by relevant law.
You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site and Services or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of HexPoint or its licensors and Content providers.
You acknowledge and agree that, in the event of a third party claim that the Site and Services or your possession or use of the Site and Services infringes upon any third party’s intellectual property rights, you, and not HexPoint, will be responsible for the investigation, defense, settlements and discharge of any such claim of intellectual property infringement. You will, however, promptly notify HexPoint in writing of any such claims.

The Grimco Swag website is licensed, and not sold, to you by HexPoint for use strictly in accordance with the Terms and any usage rules or terms of use established by any other third parties or other vendors. We grant you a revocable, non-exclusive, non-transferable, limited right to use our Site and Services on the devices owned and controlled by you, and to access and use our Site and Services on such devices strictly in accordance with the Terms.
You may access and use the Site and Services only for your personal use (or, if accessing the Site and Services on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Site and Services or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Content is appropriate or available for use in your location. A reference to a product or service on our applications or websites does not imply that such product or service is or will be available in your location. The Content, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
You may not access, use, or copy any portion of our applications, websites, or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of our applications, websites, or the Content or any access to or use of our applications, websites, or the Content.
To the extent that HexPoint provides for the download of any HexPoint software from the Site and any information or documentation related thereto, such Services are protected by the applicable copyright, patent or other intellectual property rights of either HexPoint or the third-party licensor. Any use of the Services are subject to the terms of the applicable end-user or other license terms contained in the files for such Services. You are permitted to use the Services for your personal, non-commercial use, your Company’s commercial use, or legitimate internal business purposes related to your role as a contractor of HexPoint, partner of HexPoint, or current or prospective customer of HexPoint. As between the parties, HexPoint solely shall own and hereby retains all rights, title and interest in and to the Services (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual or industrial property rights embodied in the Services). You shall not reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Services (except to the extent that applicable law expressly prohibits such a reverse engineering restriction or to the extent the specific Services were provided in source code form by HexPoint).

You represent and agree that all information that you provide to us in connection with your access to and use of the Site and Services is true, accurate, and complete to the best of your knowledge and belief. HexPoint reserves the right, in its sole discretion, to terminate your access to all or part of the Site and Services, without notice or liability, for any reason, including, but not limited to the breach of any agreement between you and HexPoint, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site and Services. You may not access the Site and Services after your access is terminated without our written approval. After terminating your access, HexPoint will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

You shall use our Site and Services strictly in accordance with the Terms and shall not:

Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt our Site and/or Services;
Make any modifications, adaptations, improvements, enhancements, translations or derivative work from our Site and/or Services;
Violate any applicable laws, rules or regulations in connection with your access or use of our Site and/or Services;
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of HexPoint or our affiliates, partners, suppliers or the licensors of our Site and/or Services;
Use our Site and/or Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
Use our Site and/or Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by HexPoint;
Use our Site and/or Services to send automated queries to any website or to send any unsolicited commercial e-mail; or
Use any proprietary information, interfaces or intellectual property obtained from HexPoint in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with our Site and/or Services.

To set up an account with us, you will be asked to provide your first and last name, email address, a password, and other personal information as may be required. You also must acknowledge and agree to these Terms to create an account. You must provide accurate information when setting up an account and keep all account information current.
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all uses of your password and account, including any unauthorized use. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify us of any unauthorized use of your password or account.
You acknowledge and agree that we are authorized to act on instructions received through use of your password and account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or account without prior notice if we believe your password and account are being used by someone other than you, or for any other reason.
When you register an account with us, you will be prompted to give your consent to our processing of your personal data. By indicating your consent, you expressly authorize HexPoint to collect and process your personal data consistent with the purposes described in our Privacy Policy.

You will retain ownership of all Content that you post and permit us to use. You hereby grant to HexPoint the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to HexPoint through the Site and Services or any Content (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. In the absence of a specific agreement with HexPoint to the contrary, HexPoint will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for services, products, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HexPoint operations.
You understand that we may, but shall not be obligated to, use your Content. You understand that we may remove Content from any use or material for any reason and at any time, without notice. You understand we cannot be responsible for any third party use of your Content, even if that use is derived from our use.
By posting any Content through our Site and Services, you provide your consent for HexPoint to process any of your personal data contained in such posts.

In connection with your access and use of the Site and Services and that of any person authorized by you to access and use the Site and Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.
You may not post, send, submit, publish, or transmit in connection with the Site and Services or any Content any material that:

You do not have the right to transmit, including proprietary material of any third party;
Advocates illegal activity or discusses an intent to commit an illegal act;
Is vulgar, obscene, pornographic, or indecent;
Does not pertain directly to the Services;
Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
Violates any law or may be considered to violate any law;
Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
Advertises any commercial endeavor or otherwise engages in any commercial activity except as may be specifically authorized or by any applicable Services Agreement;
Solicits funds, advertisers, or sponsors in a manner inconsistent with any regulatory or legal standards with which HexPoint must comply;
Includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
Disobeys any policy or regulations established from time to time regarding use of the Site and Services or any networks connected to our applications and websites; or
Contains links to other sites that contain content that falls within the descriptions set forth above.

HexPoint reserves the right to monitor use of the Site and Services and Content to determine compliance with these Terms at its sole discretion, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither HexPoint nor any third party that provides Content to HexPoint will assume or have any liability for any action or inaction by HexPoint or such third party with respect to any Submission.

We may make information regarding specific programs, offers or promotions, which we are conducting, available on our applications and websites. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the applications and websites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the applications and websites in connection with each program, offer or promotion.
Our applications and websites may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to our applications and websites, and to the products and programs described therein, at any time without notice, including after confirmation of a transaction.

HexPoint respects the intellectual property of others, and, particularly as to user-generated content, as applicable, we ask our users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to Content or other material on any of our applications and websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent may be reached via email at: admin@HexPoint.com, and via regular mail at: HexPoint LLC, Attention: Copyright Agent, 216 N. 4th Street, Suite 202, Lafayette, IN 47901.
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work or other intellectual property claimed to have been infringe, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of where the material that you claim is infringing is located;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:

Identification of the copyrighted work that was removed, and the location where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it 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 user, 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 our discretion.

HexPoint does not object to links on third-party sites to the homepage of the Site in an appropriate context. However, “framing” or “mirroring” the Site or any of its Content and/or Services is hereby prohibited without the prior written consent of HexPoint. The Site may provide links to other sites or resources available on the Internet. Because HexPoint has no control over such sites and resources, you understand, acknowledge, and agree that HexPoint is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that HexPoint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products or services.

HexPoint takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from its Site and Services, including Secure Sockets Layer (SSL) and Hypertext Transfer Protocol Secure (HTTPS). We have invested in technical, physical, and administrative safeguards to do our part to help keep your data safe and secure. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site and Services. You agree to notify HexPoint immediately if you discover loss or access to such information by another party not under your control and supervision. HexPoint will not be liable for any loss or damage arising from the unauthorized use of your username or password.
We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are located or what services you are using, we may require you to adopt some of these features. Where we make the use of security features optional, you are responsible for any consequences of not using those additional features. We strongly encourage you to use all optional security features available.
You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realize there has been any unauthorized use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.
If we have reason to suspect that there has been unauthorized access to personal data inside your subscription, we will let you know and give you information about what activity has occurred. Depending on the nature of the unauthorized access, and the location of your affected contacts, you may be required to assess whether the unauthorized access must be reported to the contact and/or a relevant authority.
You are prohibited from violating or attempting to violate the security of the Site in any way. HexPoint will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

Diligent care has been taken in acquiring and providing the information included and posted within the Site and Services. Nonetheless, HexPoint makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
THE USE OF THE SITE AND SERVICES BY YOU AND/OR YOUR COMPANY IS AT YOUR AND/OR ITS SOLE RISK. THE SITE AND ALL CONTENT ON THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.
NEITHER HEXPOINT NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HEXPOINT, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. HEXPOINT IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL HEXPOINT OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL HEXPOINT OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
ANY COMMUNICATIONS, PROJECTIONS, OPINIONS, ASSUMPTIONS OR ESTIMATES CONTAINED WITHIN THE SITE AND SERVICES ARE FOR EXAMPLE ONLY, AND SUCH COMMUNICATIONS, PROJECTIONS, OPINIONS, ASSUMPTIONS OR ESTIMATES MAY NOT REPRESENT CURRENT OR FUTURE STATUS OF ANY ORDER OR ANY INDIVIDUAL PART OF ANY ORDER. YOU SHOULD CONDUCT YOUR OWN INVESTIGATION OF ANY ORDER OR ANY INDIVIDUAL PART OF ANY ORDER ON THIS SITE AND ANY CONTEMPLATED TRANSACTION CONCERNING ANY ORDER OR ANY INDIVIDUAL PART OF ANY ORDER LISTED ON THIS SITE.THE SITE AND SERVICES DO NOT NECESSARILY PROVIDE A COMPLETE SUMMARY OR ANALYSIS OF POTENTIALLY RELEVANT MATTERS AND MAY BE BASED, AMONG OTHER THINGS, ON HISTORIC INFORMATION OR INFORMATION AVAILABLE AT A GIVEN TIME OR UNVERIFIED THIRD PARTY INFORMATION WHICH MAY CHANGE OR BE OR BECOME INACCURATE, AND NO ASSURANCE IS GIVEN AS TO ITS ACCURACY, COMPLETENESS OR RELIABILITY. UNDER NO CIRCUMSTANCES SHALL HEXPOINT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE CONTENT CONTAINED WITHIN THE SITE AND/OR SERVICES.
YOU ARE RESPONSIBLE FOR YOUR OWN RESEARCH, MANAGEMENT, DECISIONS, TRANSACTIONS, AND ALL OTHER ASPECTS PERTAINING TO YOUR ORDER. ANY COMMUNICATIONS, PROJECTIONS, OPINIONS, ASSUMPTIONS OR ESTIMATES CONTAINED WITHIN THE SITE AND SERVICES SHOULD NOT BE DEEMED AS ANY RECOMMENDATION OR ENDORSEMENT TO PURCHASE, AMEND, AND/OR CANCEL ANY ORDER OR ANY INDIVIDUAL PART OF ANY ORDER.
HEXPOINT CANNOT AND DOES NOT GUARANTEE THE QUALITY, DELIVERABILITY, TIMELINESS, COMPLETENESS, OR ANY OTHER ASPECT OF ANY ORDER OR ANY INDIVIDUAL PART OF ANY ORDER.

In no event will HexPoint or its affiliates, property owners, contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the “HexPoint Parties”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site and Services or the Content or (b) the HexPoint Parties’ performance of or failure to perform their obligations in connection with these Terms.
Under no circumstances will the HexPoint Parties be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, loss of contracts; loss of anticipated savings; wasted management or office time; claims of third parties, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise) arising out of or in connection with these Terms or the use of the Site and Services or the Content, or the transmission of information to or from our applications and websites over the Internet, even if they were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the HexPoint Parties will be limited in accordance with these Terms to the extent permitted by law.
Without limiting any of the foregoing, if the HexPoint Parties are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, the Services, or your use of the Site and Services, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

You agree to defend, indemnify, and hold harmless the HexPoint Parties and their officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) your access to and use of the Content, the Site, and/or the Services, and other materials, products, and services available on or through the Site and Services and the HexPoint Parties; (b) your violation of these Terms; (c) your violation of any rights of any third party; and (d) your website. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We are available by support ticket at https://swag.grimco.com/support/ to address any concerns you may have regarding use of the Site, Services, and/or Content. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 17.a above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, construction, validity, interpretation, performance and enforceability), the parties’ relationship with each other and/or our use of the Content shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, 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.
CLASS ACTION AND CLASS ARBITRATION WAIVER. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION 17.b SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

If any part of these Terms is, at any time, found to be invalid by a court, tribunal, or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these Terms. These Terms shall be deemed amended by modifying or severing such part as necessary to render it valid, legal, and enforceable whilst preserving its intent or, if that is not possible, by substituting another provision that is valid, legal, and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these Terms in any other jurisdiction and the validity of the part(s) in question shall not be affected thereby.

These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and Services and the Content.
Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Site and Services.
These Terms do not confer any rights, remedies, or benefits upon any person other than you.
We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
Possible evidence of use of the Site and Services for illegal purposes will be provided to law enforcement authorities.
Discontinuation of use of the Site and Services is your sole right and remedy for any dissatisfaction with the Site and Services or any of the Content.

If you have entered into a separate agreement with HexPoint with respect to your use of the Site and Services or any Content, that agreement will supersede these Terms to the extent they are in conflict.

Please contact us with any questions regarding the Site and Services or these Terms at: HexPoint Group LLC, 216 N. 4th Street, Suite 202, Lafayette, IN 47901 or via support ticket at https://swag.grimco.com/support/

BY ACCESSING AND USING THE SITE AND/OR SERVICES, YOU AFFIRM THAT YOU HAVE READ THESE TERMS, UNDERSTAND THESE TERMS IN THEIR ENTIRETY, FULLY ACCEPT ALL OF THESE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY.

Last Updated: May 24th, 2023

TERMS OF SERVICE

1. MODIFICATIONS TO THESE TERMS:

2. INTELLECTUAL PROPERTY AND USAGE RIGHTS:

3. END USER LICENSE AND ACCESS AND USE:

4. RESTRICTIONS ON ACCESS:

5. RESTRICTIONS ON USE:

6. ACCOUNTS:

7. END USER SUPPLIED CONTENT:

8. END USER CONDUCT:

9. PROMOTIONAL AND OTHER INFORMATION:

10. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY OR COPYRIGHT INFRINGEMENT:

11. LINKING AND FRAMING:

12. SECURITY:

13. DISCLAIMER:

14. LIMITATION OF LIABILITY:

15. INDEMNIFICATION:

16. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT:

17. SEVERABILITY:

18. MISCELLANEOUS:

19. OTHER AGREEMENTS:

20. QUESTIONS:

21. ACKNOWLEDGEMENT: