TERMS AND CONDITIONS

1. INTRODUCTION

Welcome to Grady Communications ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, www.gradycommunications.com (the "Site"), and any services, content, or products offered through the Site (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

2. ELIGIBILITY

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet the eligibility requirements. If you are using the Services on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

3. PRIVACY POLICY

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Grady Communications or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our Services without our prior written consent, except as otherwise provided in these Terms.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

4.3 Feedback

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and act on such Feedback in any manner without restriction or obligation to you.

5. USER CONDUCT

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party right

  • Transmit any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable

  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity

  • Transmit any viruses, malware, or other harmful code

  • Interfere with or disrupt the Services or servers or networks connected to the Services

  • Collect or store personal data about other users without their consent

  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services

6. THIRD-PARTY LINKS AND CONTENT

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by or in connection with your use of any third-party content, products, or services.

7. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL GRADY COMMUNICATIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Grady Communications, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your content or information provided to us.

10. TERMINATION

We reserve the right to suspend or terminate your access to the Services, including any accounts you may have created, at any time and for any reason, without notice or liability to you.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Services or by other means. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

12. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Los Angeles, California for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.

13. DISPUTE RESOLUTION

13.1 Mandatory Arbitration

Except for disputes that qualify for small claims court, any dispute arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13.2 Class Action Waiver

YOU AND GRADY COMMUNICATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.3 Opt-Out

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to claire@gradycommunications.com within 30 days of first accepting these Terms. If you opt out of this arbitration provision, we also will not be bound by it.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Grady Communications concerning the Services.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Grady Communications.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void. We may freely assign or transfer these Terms without restriction.

14.5 Contact Information

If you have any questions about these Terms, please contact us at:

Grady Communications
661-618-5170
claire@gradycommunications.com

15. ACKNOWLEDGMENT

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.