TERMS OF AGREEMENT

 

These terms and conditions (referred to as the “Terms of Use”) establish a legally binding agreement between you, whether as an individual or on behalf of an entity (“you”), and The Grid, Inc., along with its subsidiaries and affiliates (“we,” “us,” or “our”). This agreement pertains to your utilization of The Grid’s website, www.thegrid.com, and any other media form, channel, mobile website, or mobile application associated, linked, or connected to it, as well as any guest Wi-Fi network within our global network of stores (collectively, the “Site”). The use of our guest Wi-Fi network is additionally governed by the Wi-Fi network terms and conditions outlined below. By accessing the Site, you acknowledge that you have read, comprehended, and consent to abide by all the stipulations in these Terms of Use. IF YOU DISAGREE WITH ANY OF THESE TERMS OF USE, YOU ARE STRICTLY PROHIBITED FROM UTILIZING THE SITE AND MUST CEASE USAGE IMMEDIATELY.

 

Supplementary Terms of Use or documents posted on the Site periodically are explicitly incorporated into this agreement by reference. We retain the discretion to make changes or modifications to these Terms of Use at any time and for any reason. Notification of such changes will be provided by updating the “Last Updated” date of these Terms of Use, and you waive any entitlement to specific notice for each modification. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the Site after the posting date of revised Terms constitutes acceptance of and acknowledgment of being informed about the changes.

 

The information available on the Site is not intended for distribution or use by any person or entity in jurisdictions or countries where such distribution or use would violate applicable laws or regulations, or subject us to any registration requirements within those jurisdictions or countries. Consequently, individuals accessing the Site from other locations do so at their own initiative and are solely responsible for compliance with local laws, where applicable.

 

The Site is not directed at, nor intended for use by individuals under the age of 14. YOU MUST BE AT LEAST 14 YEARS OLD TO ACCESS AND UTILIZE THE SITE. If you are between the ages of 14 and 18, you must obtain permission from your parent or guardian and be under their direct supervision to use the Site. If you are a minor in your jurisdiction of residence, your parent or guardian must read and agree to these Terms of Use before you can use the Site.

 

INTELLECTUAL PROPERTY OWNERSHIP

 

Unless explicitly stated otherwise, the Site constitutes our exclusive property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos embedded therein (the “Marks”), either belong to us or are under our control or license. These assets are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and Marks are presented on the Site “AS IS” for informational and personal use purposes only. Unless explicitly provided in these Terms of Use, no portion of the Site, Content, or Marks may be duplicated, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written consent. We assert no ownership or other rights over any external websites or their content (unless directly related to us) that you may access while using our guest Wi-Fi.

 

Subject to your eligibility to use the Site and your compliance with these Terms of Use, we extend to you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site. All rights not explicitly granted to you concerning the Site, Content, and Marks are reserved by us.

 

USER REPRESENTATIONS

 

When engaging with the Site, you affirm and assure that: (1) All details submitted during registration are truthful, precise, up-to-date, and complete; (2) You commit to maintaining the accuracy of this information and promptly updating it when necessary; (3) You possess the legal capacity and willingly agree to abide by these Terms & Conditions; (4) You are not below the age of 14; (5) If a minor, you either have obtained parental or guardian consent to use the Site or have reached the legal age in your jurisdiction; (6) Access to the Site is not facilitated through automated or non-human methods, including bots, scripts, or any similar mechanisms; (7) 

The Site will not be utilized for any unlawful or unauthorized purposes; (8) Your use of the Site will conform to all relevant laws and regulations.

 

Should you provide information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any present or future access to the Site (or any part thereof).

 

USER REGISTRATION

To access certain features of The Grid, you may need to register on the Site and furnish details such as your email address. Additionally, participation in our rewards program, The Grid Rewards (“Grid Rewards”), might be mandatory for access to specific sections of the Site. Any details provided for Grid Rewards enrollment are also subject to the Official Rules of Grid Rewards (accessible here). You commit to maintaining the confidentiality of any username, password, and other registration information, taking responsibility for all activities conducted through your account. We retain the right to remove, reclaim, or alter any username that, at our sole discretion, is deemed inappropriate, obscene, or objectionable. Failure to comply with these responsibilities may result in the loss or damage for which we cannot and will not be held liable.

 

PROHIBITED ACTIVITIES

 

Your access to and utilization of the Site should align with the intended purposes for which we’ve made it available. The Site must not be employed for any commercial activities unless explicitly endorsed or approved by us.

 

As a user, you commit not to:

 

1. Systematically retrieve data or content from the Site to create collections, compilations, databases, or directories without our written permission.
2. Engage in unauthorized use, including collecting user information for unsolicited emails or creating user accounts through automated or deceptive means.
3. Utilize buying agents or purchasing agents for transactions on the Site.
4. Advertise or offer goods and services through the Site.
5. Circumvent, disable, or interfere with security features, including those that prevent or restrict the use or copying of any Content.
6. Engage in unauthorized framing or linking to the Site.
7. Attempt to trick, defraud, or mislead us or other users, especially in obtaining sensitive account information.
8. Improperly use support services or submit false reports of abuse or misconduct.
9. Employ automated systems, such as scripts, for comments or messages, or use data mining, robots, or similar tools.
10. Interfere with, disrupt, or overload the Site or connected networks and services.
11. Attempt to impersonate another user or person or use another user’s username.
12. Sell or transfer your profile.
13. Use information obtained from the Site to harass, abuse, or harm others.
14. Use the Site for competitive purposes or for any revenue-generating or commercial activities.
15. Attempt to decipher, decompile, disassemble, or reverse engineer any Site software.
16. Try to bypass measures designed to prevent or restrict access to the Site.
17. Harass, annoy, intimidate, or threaten our employees or agents.
18. Delete copyright or proprietary rights notices from any Content.
19. Copy or adapt the Site’s software, including code elements like Flash, PHP, HTML, JavaScript, or others.
20. Upload or transmit viruses, Trojan horses, or disruptive materials.
21. Upload or transmit information collection mechanisms like gifs, pixels, web bugs, cookies, or similar devices.
22. Use or distribute automated systems, including spiders, robots, cheat utilities, scrapers, or offline readers, without authorization.
23. Disparage, tarnish, or harm us or the Site.
24. Use the Site in a manner inconsistent with applicable laws or regulations.

 

USER GENERATED CONTRIBUTIONS 

 

The Site may extend invitations for you to engage in chats, contribute to blogs, participate in message boards, online forums, and other interactive functionalities. Additionally, you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Site, collectively referred to as “Contributions.” Please be aware that Contributions may be visible to other Site users and through third-party websites, treating any information you transmit as non-confidential and non-proprietary.

 

When creating or making Contributions, you affirm and warrant that:

 

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
2. You are the creator and rightful owner of, or possess the necessary licenses, rights, consents, releases, and permissions for the use and authorization of your Contributions by us, the Site, and other users as outlined in these Terms of Use.
3. You have written consent, release, and/or permission from every identifiable individual person featured in your Contributions to use their name or likeness for inclusion and use on the Site as per these Terms of Use.
4. Your Contributions are accurate, truthful, and not misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any individual.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits individuals under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography or intended to protect the health or well-being of minors.
13. Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
15. Any use of the Site in contravention of the above constitutes a breach of these Terms of Use and may result in the termination or suspension of your rights to use the Site, among other consequences.

 

CONTRIBUTION LICENSE

 

When you post Contributions on any section of the Site or make them accessible by linking your account from the Site to your social networking accounts, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license. By doing so, you represent and warrant that you have the right to grant us the aforementioned license. This license enables us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including, without limitation, your image and voice) for any purpose, be it commercial, advertising, or otherwise. It also allows us to prepare derivative works of your Contributions, incorporate them into other works, and grant and authorize sublicenses of these rights. This license extends to any form, media, or technology, whether currently known or developed in the future, and encompasses the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images you provide. By granting this license, you waive all moral rights in your Contributions.

 

It’s essential to note that while we have the right to use your Contributions as described above, we do not claim ownership over them. You retain full ownership of all your Contributions and any associated intellectual property or proprietary rights. We are not responsible for any statements or representations in your Contributions, and you agree to exempt us from any and all responsibility and refrain from legal action against us concerning your Contributions.

 

In our sole and absolute discretion, we reserve the right to (1) edit, redact, or otherwise modify any Contributions; (2) re-categorize Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions at any time and for any reason, without prior notice. We are not obligated to monitor your Contributions.

 

USER REVIEWS AND RATINGS GUIDELINES

 

We offer designated areas on the Site for you to share your reviews or ratings, and when doing so, it is essential to adhere to the following criteria: (1) First Hand Experience: Your review should stem from firsthand experience with the person, entity, or store being assessed; (2) Respectful Language: Avoid the inclusion of offensive profanity, abusive language, racist remarks, or hate speech in your reviews; (3 )Non-Discriminatory Content: Your reviews should refrain from discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) No Illegal Activity: Do not include references to illegal activities in your reviews; (5) No Affiliation with Competitors: If posting negative reviews, ensure that you are not affiliated with competitors; (6) No Legal Conclusions: Avoid making conclusions regarding the legality of conduct in your reviews; (7) Accuracy: Your reviews should not contain false or misleading statements; (8) No Review Campaigns: Do not organize campaigns encouraging others to post reviews, whether positive or negative;

 

We retain the right, at our sole discretion, to accept, reject, or remove reviews. While we are not obligated to screen or delete reviews, reviews do not carry our endorsement and may not necessarily reflect our opinions or those of our affiliates or partners. We assume no liability for any reviews or for any claims, liabilities, or losses resulting from reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to reviews.

 

MOBILE APP USAGE TERMS

 

If you access the Site through our mobile application (“Mobile App”) at The Grid, you are granted a revocable, non-exclusive, and non-transferable right to install and use the Mobile App on wireless electronic devices under your ownership or control. This usage is subject to the terms and conditions outlined in this Mobile App license within these Terms of Use. Ensure compliance with the following:

 

1. No Reverse Engineering: Do not engage in decompiling, reverse engineering, disassembling, attempting to derive source code, or decrypting the application.
2. No Modifications: Prohibit making modifications, adaptations, improvements, enhancements, translations, or derivative works from the application.
3. Compliance with Laws: Your access and use of the application must adhere to all applicable laws, rules, or regulations.
4. Preservation of Notices: Avoid removing, altering, or obscuring any proprietary notice posted by us or the licensors of the application.
5. Non-Commercial Use: The application is not for revenue-generating endeavors, commercial enterprises, or purposes beyond its intended design.
6. Single-Device Access: Restrict making the application available over a network or environment permitting access or use by multiple devices or users simultaneously.
7. Non-Competitive Use: The application must not be employed for creating a product, service, or software that competes with or substitutes for the application.
8. No Automated Queries: Refrain from using the application to send automated queries or unsolicited commercial emails.
9. Intellectual Property: Do not use proprietary information, interfaces, or other intellectual property owned by us in designing, developing, manufacturing, licensing, or distributing any applications, accessories, or devices for use with the application.

Apple and Android Devices

 

When utilizing a mobile application such as our Mobile App from the Apple Store or Google Play, certain terms apply. This includes a non-transferable license limited to using the application on devices employing the Apple iOS or Android operating systems. You must adhere to the App Distributor’s terms of service. App Distributors are third-party beneficiaries of these terms.

 

How our Mobile App Works

 

To use our Mobile App, membership in The Grid Rewards is mandatory. We may extend limited offers for joining The Grid Rewards via the Mobile App. Complete details on The Grid Rewards can be found in the Official Rules at www.thegrid.com/rewards. We reserve the right to modify Mobile App requirements at our discretion.

 

Users can purchase game chips, track tickets, and manage rewards points through the Mobile App. Add-ons like “The Grid Add-Ons” may be offered for purchase, subject to specific license terms.

 

Opt-in to receive notifications is available for Mobile App users. You can manage preferences at any time.

 

DATA USAGE CONSENT

 

In order to enhance product support, foster product development, and deliver additional services, your agreement allows us to employ cookies, web beacons, and various analytic technologies. This entails the collection, utilization, storage, and transmission of technical details related to your mobile device. This includes, but is not limited to, your MAC Address and/or unique device ID or UDID, Game Center ID, Game Center name, IP address, geo-location, device specifications, operating system, software and applications, along with application usage data.

 

Furthermore, both we and third parties may gather, store, utilize, and transmit game play data, third-party account authorization details, session data, browser identifiers, connection type, carrier information, as well as online and Mobile App usage metrics, statistics, and analytics. This information, whether obtained directly from you or in combination with your provided data, is utilized to refine our products and services, tailor and personalize your user experience, and gain insights into the specific apps you engage with.

 

The servers and equipment responsible for storing and processing your data may be owned and operated by third parties with whom we have engaged to handle your personal information. Additionally, we and our designated third parties may transfer, store, and process your personal information on servers and equipment located in countries outside your country of residence. It’s important to note that data protection laws in these countries may differ from those in your country of residence. By submitting your personal information through an Application, you express consent for the transfer, storage, and processing of your personal information as delineated in this section.

 

ARCADE CARD TERMS & CONDITIONS

 

A Grid Arcade Card (the “Card”) is a stored value card with a magnetic strip or embedded Radio Frequency Identification (“RFID”) tag that allows you to play games at The Grid locations in the United States (“Participating Location(s)”). The Arcade Card, including all administration related thereto, are provided by Grid Entertainment LLC or its affiliates, parents, or subsidiary companies (collectively “The Grid,” “we,” “us,” “our,” “ours”). By purchasing, recharging, or using the Arcade Card, you agree to be legally bound by these Terms & Conditions, and your use shall be subject to these Terms & Conditions, as they may be amended from time to time, without further notice to you.

 

GAME PLAY CREDITS THAT WERE NOT RECORDED

 

If your Qualifying Purchases were not recorded on your Registered Arcade Card, we will credit your account with Game Chips for Qualifying Purchases on a timely basis. However, it is your responsibility to make sure that your purchases are properly credited. Please retain copies of your receipts and/or account statements for your records. Any claim for Qualifying Purchases not credited accurately must be received by us within forty-five (45) days of the date of the Qualifying Purchase’s receipt.

 

For points not recorded: You may submit your claim to The Grid Guest Service at https://www.thegrid.com/contact. You will be required to submit your receipt to verify your claim. Limit of three (3) requests per Member per calendar year will be considered for Game Play Credits that were not recorded at the time of Qualifying Purchases.

 

We have no liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of Game Play Credits, or any other benefits or other aspects of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communication. We reserve the right to remove purchases credited to your account if we determine that such purchases were improperly credited to your account or obtained fraudulently. We reserve the right to require proof of Qualifying Purchases recorded on your account, and we reserve the right to delay the processing of any Game Play Credit, without notice to you, in order to assure compliance with these Terms & Conditions. You are responsible for restricting access to and maintaining the confidentiality of your account and password, and you agree to accept responsibility for the activities of anyone using your Registered Arcade Card or Registered Arcade Card number.

 

Social Media 

 

As a component of the Site’s functionality, you have the option to connect your account with third-party service providers (referred to as “Third-Party Accounts”). This linkage can be achieved either by providing your Third-Party Account login details on the Site or by granting us access to your Third-Party Account in accordance with the applicable Terms of Use governing each Third-Party Account. By doing so, you confirm that you have the right to disclose the login information or provide access to your Third-Party Account, without violating any Terms of Use associated with the Third-Party Account. This action does not impose any fees on us or subject us to usage limitations imposed by the third-party service provider.

 

Upon granting us access to your Third-Party Accounts, you acknowledge that (1) we may access, present, and store (if applicable) any content you’ve provided to and stored in your Third-Party Account (referred to as “Social Network Content”), making it available on the Site through your account, including friend lists; and (2) we may exchange additional information with your Third-Party Account, as notified during the linking process. Depending on the chosen Third-Party Accounts and your privacy settings within those accounts, personally identifiable information posted on Third-Party Accounts may be accessible through your Site account. It’s important to note that if a Third-Party Account becomes unavailable or our access is terminated, Social Network Content may no longer be accessible on the Site.

 

You retain the ability to disconnect your Site account from your Third-Party Accounts at any time. HOWEVER, PLEASE NOTE THAT YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS LINKED TO YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED EXCLUSIVELY BY YOUR AGREEMENT(S) WITH THOSE PROVIDERS. We do not undertake any review of Social Network Content for accuracy, legality, or non-infringement, and we bear no responsibility for such content.

 

You agree that, solely for the purpose of identifying and informing you about contacts who have registered on the Site, we may access your email address book associated with a Third-Party Account and the contacts list on your mobile device or tablet computer. The connection between the Site and your Third-Party Account can be deactivated at any time by reaching out to us or adjusting your account settings. We will make efforts to delete information obtained through such Third-Party Account from our servers, except for the username and profile picture associated with your account. For further assistance, please refer to the contact information provided below or check your account settings, if applicable.

 

OWNERSHIP OF SUBMISSIONS

 

By providing us with any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”), you acknowledge and consent that such Submissions are non-confidential and will become our exclusive property. We acquire full ownership rights, encompassing all intellectual property rights, and have the unrestricted privilege to use and disseminate these Submissions for any lawful purpose, be it commercial or otherwise, without the need for acknowledgment or compensation to you.

 

Furthermore, you explicitly relinquish any moral rights associated with these Submissions, and you affirm that these Submissions are either original to you or submitted with the proper authorization. You acknowledge and agree that you have no grounds for recourse against us, whether for alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

 

THIRD-PARTY WEBSITES AND CONTENT

 

The Site may include links to other websites (“Third-Party Websites”) and feature content, such as articles, photographs, text, graphics, designs, music, sound, video, information, applications, software, or other items, originating from third parties (“Third-Party Content”). Please note that we do not investigate, monitor, or assess the accuracy, appropriateness, or completeness of such Third-Party Websites and Third-Party Content. We disclaim responsibility for any Third-Party Websites accessed via the Site or any Third-Party Content posted on, available through, or installed from the Site, including content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies present in the Third-Party Websites or the Third-Party Content.

 

The inclusion of, linking to, or permission for the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. Should you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you assume the associated risks, and it’s important to note that these Terms of Use no longer apply. It is advisable to review the relevant terms and policies, including privacy and data gathering practices, of any website you visit from the Site or concerning any applications you use or install from the Site.

 

Purchases made through Third-Party Websites are entirely between you and the respective third party, and we bear no responsibility for such transactions. Your acknowledgment is sought that we do not endorse products or services offered on Third-Party Websites, and you agree to hold us harmless from any consequences arising from your acquisition of such products or services. Moreover, you agree to indemnify us from any losses or harm resulting from or related to any Third-Party Content or interactions with Third-Party Websites.

 

SPONSORS AND ADVERTISING PARTNERS

 

Certain sections of the Site may feature advertisements and additional information provided by sponsors. Advertisers may be permitted to showcase their content in designated areas, such as sidebar promotions or banner displays. If you are an advertiser, it is incumbent upon you to assume full accountability for the content of your advertisements, as well as any services or products promoted through these advertisements on the Site.

 

By choosing to advertise, you affirm and guarantee that you possess all necessary rights and authorization to display advertisements on the Site. This encompasses, but is not restricted to, intellectual property rights, publicity rights, and contractual rights. Your compliance with these stipulations is fundamental as you engage in advertising activities on the Site.

 

SITE ADMINISTRATION

 

We maintain the authority, though not an obligation, to: (1) scrutinize the Site to detect potential breaches of these Terms of Use; (2) undertake suitable legal measures against individuals, at our sole discretion, who violate the law or contravene these Terms of Use, which may include reporting such users to law enforcement entities; (3) at our sole discretion and without constraints, decline, limit access to, curtail availability, or deactivate (to the extent technically viable) any of your Contributions or any part thereof; (4) at our sole discretion and without constraints, notification, or liability, eliminate from the Site or disable all files and content that exceed reasonable size or impose any form of burden on our systems; and (5) otherwise administer the Site to safeguard our rights and assets and to facilitate the proper operation of the Site.

 

GUEST WI-FI USAGE AGREEMENT

 

By selecting “submit” on The Grid’s guest Wi-Fi system (“Wi-Fi System”) sign-up page, you affirm that:

 

1. You have reviewed, comprehended, and accepted the terms outlined in this guest Wi-Fi usage agreement (“Wi-Fi Agreement”).
2. You are a minimum of 18 years old.

Should you disagree with the Wi-Fi Agreement’s terms, kindly refrain from using our Wi-Fi System. Clicking “Submit” signifies electronic acceptance, equivalent to a physical signature, and the effective date is the submission date.

 

Wi-Fi System Overview and Availability

 

Our Wi-Fi System is accessible at designated locations (“Enabled Locations”) equipped with wireless access points. Availability may vary, and access points may be inactive or require re-access after periods of inactivity.

 

Wi-Fi System Usage Fee

 

The Wi-Fi System is currently provided as a complimentary service, subject to potential participation in a brief online survey. We reserve the right to introduce fees for Wi-Fi access in the future.

 

Internet Access

 

We may monitor or limit access to content on the Internet that we deem inappropriate. Although we may screen or restrict content, we do not guarantee the quality or accuracy of such screening. By accessing the Internet via the Wi-Fi System, you acknowledge potential exposure to content you find objectionable, and we are not liable for such content.

 

Information Collection

 

We collect personal information during guest interactions and Wi-Fi System usage. This includes data for access, authentication, and details about your Wi-Fi System usage. This information may be used for system facilitation, technical support, service enhancement, and customer analytics. Refer to our privacy policy at www.thegrid.com/privacy-policy for more details.

 

User Responsibilities

 

You must provide necessary equipment for Wi-Fi System connection and comply with applicable laws. You are responsible for the accuracy, completeness, and legality of accessed content. We do not ensure the security of data sent through the Wi-Fi System.

 

Acceptable Use Policy (AUP)

 

All Wi-Fi System users must adhere to the AUP, designed to prevent misuse. While not actively monitoring usage, we may take action against materials violating the AUP. Violations may result in access suspension or termination.

 

Examples of Violations Include:

 

1. Transmitting unlawful, threatening, or defamatory material.
2. Harming minors.
3. Impersonation or misrepresentation.
4. Transmitting material without proper rights.
5. Transmitting unsolicited advertising or spam.
6. Transmitting viruses or disruptive code.
7. Interfering with the Wi-Fi System.
8. Disclosure of Information

 

We may disclose user communications and activities in response to lawful requests from authorities.

 

Reporting Violations

 

Report violations to info@thegrid.com, subject line “Wi-Fi.” Include date, time, evidence, and contact details. For email-related issues, provide email copies with full headers. Other situations may require different reporting methods.

 

PRIVACY POLICY

 

We prioritize data privacy and security. Kindly review our Privacy Policy through this link: www.thegrid.com/privacy-policy. Your use of the Site implies your agreement to abide by our Privacy Policy, seamlessly integrated into these Terms of Use. Notably, the Site is hosted in the United States. If you access it from the European Union, Asia, or any region with distinct laws on personal data, your continued use means you willingly transfer and allow processing of your data in the United States. We want to clarify that we neither knowingly seek information from children nor target them in our marketing efforts. As per the U.S. Children’s Online Privacy Protection Act, if we become aware that someone under 14 provided personal information without verifiable parental consent, we will promptly remove such information from the Site.

 

COPYRIGHT INFRINGEMENTS

 

At The Grid, we hold utmost regard for the intellectual property rights of others. Should you believe that any material accessible on or through the Site violates a copyright under your ownership or control, kindly inform us promptly using the contact details provided below (a “Notification”). A copy of your Notification will be forwarded to the individual who posted or stored the material mentioned in the Notification. It’s essential to note that according to federal law, you may be held accountable for damages if your Notification includes material misrepresentations. Therefore, if you’re uncertain about whether material on the Site infringes your copyright, we recommend reaching out to legal counsel before proceeding.

 

TERM AND TERMINATION

 

The Grid is committed to maintaining the integrity of its platform. While you engage with the Site, these Terms of Use will govern our relationship. However, without limiting the scope of these Terms of Use, we retain the unilateral right to deny access and use of the Site, including blocking specific IP addresses, to any individual, for any reason or no reason at all. This includes instances of breaching representations, warranties, covenants outlined in these Terms of Use, or violation of any applicable law or regulation. The termination of your use or participation on the Site, deletion of your account, or removal of any posted content or information may occur at any time, without prior notice, at our sole discretion.

 

In the event of the termination or suspension of your account, you are expressly prohibited from registering a new account under your name, a fabricated or borrowed name, or the name of any third party, even if your actions are on behalf of said third party. Apart from terminating or suspending your account, we reserve the right to take suitable legal actions, including but not limited to pursuing civil, criminal, and injunctive remedies.

 

MODIFICATIONS AND INTERRUPTIONS

 

We retain the discretion to alter, adjust, or eliminate the content of our platform at our sole discretion and without prior notice. This includes the right to modify or cease operation of the entire Site or specific features. While we are not obligated to update information on the Site, we may make changes or discontinue services at any time without liability to you or any third party.

 

The availability of the Site cannot be guaranteed at all times. Unforeseen issues such as hardware or software problems, maintenance requirements, or other operational factors may lead to interruptions, delays, or errors. We hold the right to change, revise, update, suspend, discontinue, or modify the Site without notice. You acknowledge and agree that we bear no liability for any loss, damage, or inconvenience resulting from your inability to access or use the Site during downtime or discontinuance. These Terms of Use do not impose an obligation on us to maintain, support, or provide any corrections, updates, or releases in connection with the Site.

 

GOVERNING LAW

 

These Terms of Use and your utilization of the Site are regulated by and interpreted in line with the laws of the State of Utah, applicable to agreements formed and actions to be entirely executed within the State of Utah, without consideration of its conflict of law principles.

 

DISPUTE RESOLUTION

Binding Arbitration

 

To streamline conflict resolution and manage the expenses associated with any dispute, controversy, or claim related to these Terms of Use (referred to individually as “Dispute” and collectively as “Disputes”), any Dispute raised by either you or us (individually, a “Party” and collectively, the “Parties”) shall initially be brought to the attention of our Guest Relations department at guest.relationsi@thegrid.com. In your email, you must outline your claim and provide our Guest Relations team with a reasonable opportunity to address your Dispute. Both you and we commit to negotiating your Dispute in good faith. If your Dispute remains unresolved within 60 days of our receipt of your email submission, you may request arbitration. Any Dispute not resolved through negotiation may be conclusively settled through binding arbitration.

 

Arbitration Procedures

 

The arbitration will be initiated and conducted following the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, when applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both accessible on the AAA website at www.adr.org. These Terms of Use confirm that this arbitration provision reflects a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, not governed by any state law. Arbitration fees and the allocation of arbitrator compensation will adhere to the AAA Consumer Rules. The arbitration may occur in person, through document submissions, by phone, or online. The arbitrator will provide a written decision and is not obliged to furnish a statement of reasons unless requested by either Party. The arbitration proceedings will be confidential, and neither you nor we can disclose the existence, content, or results of any arbitration, except as required by law or for enforcing the arbitration award. The arbitrator must comply with applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise stipulated by the applicable AAA rules or relevant law, the arbitration will take place in Dallas County, Texas. The Parties maintain the right to litigate in court to compel arbitration, halt proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator’s award.

 

Legal Recourse in Court

 

Should a Dispute be pursued in court rather than arbitration for any reason, the proceedings shall occur in the state and federal courts situated in Dallas County, Texas. The Parties hereby consent to and waive all defenses related to personal jurisdiction and forum non conveniens concerning venue and jurisdiction in these state and federal courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are not applicable to these Terms of Use.

 

Time Limit for Filing Disputes

 

No Dispute related to the Site or Services, brought by either Party, can be initiated more than two (2) years after the cause of action arises. If any part of this provision is found illegal or unenforceable, neither Party will choose arbitration for a Dispute falling within that portion, and such Dispute will be decided by a court of competent jurisdiction within the courts specified for jurisdiction above, with the Parties agreeing to submit to the personal jurisdiction of that court.

 

Opt-Out Option

 

You retain the option to pursue your claim in court instead of arbitration by opting out of this arbitration provision within 30 days from the earliest date you downloaded, installed, accessed, or used the Site (the “Opt-Out Deadline”) after these Terms of Use have become effective. An opt-out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will be invalid, and you must address your claim through arbitration.

 

Class Action Waiver

 

The Parties agree that any arbitration is limited to individual Disputes. No arbitration shall be consolidated with other proceedings, and no Dispute shall be arbitrated on a class-action basis or involve class action procedures. There is no right or authority for any Dispute to be brought as a purported representative action without complying with the opt-out procedure outlined above. If a court or arbitrator determines that the class action waiver is unenforceable, this arbitration agreement will be void concerning you. If you opt out of the arbitration provision, the class action waiver will not apply to you.

Exceptions to Arbitration

 

The Parties agree that certain Disputes are not subject to the above arbitration provisions. These include (a) Disputes related to or arising from the protection or validity of any Party’s intellectual property rights; (b) Disputes related to theft, piracy, invasion of privacy, or unauthorized use allegations; and (c) claims for injunctive relief. If any part of this provision is found illegal or unenforceable, neither Party will choose arbitration for a Dispute falling within that portion, and such Dispute will be decided by a court of competent jurisdiction within the courts specified for jurisdiction above, with the Parties agreeing to submit to the personal jurisdiction of that court.

 

CORRECTIONS

 

The Site might include information with typographical errors, inaccuracies, or omissions concerning various aspects, such as descriptions, pricing, and availability. We retain the discretion to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Site without advance notice.

 

DISCLAIMER

 

The Site is presented on an as-is and as-available basis. Your utilization of the Site services indicates your acceptance of the associated risks, and we disclaim all warranties, express or implied, connected with the Site and its use. This disclaimer includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

We do not make any warranties or representations regarding the accuracy or completeness of the Site’s content or the content of any linked websites. We disclaim liability for any errors, mistakes, or inaccuracies in content and materials, personal injury or property damage resulting from your access to and use of the Site, unauthorized access to or use of our secure servers, any interruption or cessation of transmission to or from the Site, any bugs, viruses, Trojan horses, or similar items transmitted through the Site by third parties, and any errors or omissions in any content and materials. We also disclaim responsibility for any loss or damage incurred as a result of using any content posted, transmitted, or made available via the Site.

 

Furthermore, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in banners or other advertising. We are not a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of any product or service through any medium, you should use your best judgment and exercise appropriate caution.

 

INDEMNIFICATION

 

You commit to safeguard, indemnify, and exonerate us, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, against any loss, damage, liability, claim, or demand, along with reasonable attorneys’ fees and expenses, initiated by any third party due to or arising from: (1) your Contributions; (2) use of the Site; (3) violation of these Terms of Use; (4) any breach of the representations and warranties you make in these Terms of Use; (5) infringement of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Despite this, we retain the right, at your cost, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to collaborate, at your expense, with our defense of such claims. We will make reasonable efforts to inform you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

 

USER DATA

 

We will retain specific data that you send to the Site to administer and manage its operations, along with data concerning your interactions with the Site. While we conduct routine backups of data, it is your sole responsibility for all data transmitted or associated with any activity you engage in on the Site. You acknowledge that we bear no liability to you for any loss or corruption of such data, and you hereby relinquish any claims against us arising from such loss or corruption.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Your visit to the Site, sending us emails, and filling out online forms are considered electronic communications. By using the Site, you agree to receive electronic communications, and you acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the Site meet the legal requirement for written communication. YOU CONSENT TO THE UTILIZATION OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature, or the delivery or retention of non-electronic records, or that require payments or credits to be made by any means other than electronic methods.

 

CALIFORNIA USERS AND RESIDENTS

 

Pursuant to California Civil Code Section 1789.3, residents of California have specific consumer rights and information:

 

The provider of the Site is: The Grid, LLC., 593 S Evermore Lane, Pleasant Grove, Utah 84062, (801) 882 298.

 

If any concerns with our services remain unresolved, you have the option to reach out to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs. You can contact them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

 

MISCELLANEOUS

 

These Terms of Use, along with any policies or operational guidelines posted on the Site, constitute the complete agreement between you and us. Our failure to assert any right or provision in these Terms of Use does not waive that right or provision. These Terms of Use are fully enforceable within the bounds of the law. We reserve the right to transfer any or all of our rights and obligations to third parties as needed. We are not liable for any losses, damages, delays, or inability to act due to circumstances beyond our reasonable control. If any provision or part of these Terms of Use is found to be illegal, void, or unenforceable, it will be considered separate from the remaining provisions, which will remain valid and enforceable. No joint venture, partnership, employment, or agency relationship arises between you and us through these Terms of Use or your use of the Site. You acknowledge that these Terms of Use will not be interpreted against us simply because we drafted them. You also waive any defenses based on the electronic form of these Terms of Use and the absence of signatures by the parties involved in executing these Terms of Use.

 

CONTACT US

 

To address a concern about the Site or obtain additional information regarding its use, please reach out to us via:

 

The Grid

593 S Evermore Lane

Pleasant Grove, UT 84062 

 

Email: info@thegrid.com 

Toll-free phone: (801) 882 298