BOLDGRID TERMS OF SERVICE

Software Privacy Policy | Website Privacy Policy

Latest Revision:  April 2, 2019

PLEASE READ THESE TERMS OF SERVICE A CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

 

  1. OVERVIEW.
    1. These TERMS OF SERVICE (“TOS”) are entered into by and between INMOTION HOSTING, INC., a California corporation (“Company”), which operates boldgrid.com, cloudwp.dev, and boldgridcrio.com, together with all other domains and subdomains associated therewith (collectively, “Websites”) and you, and are effective as of the date of your electronic acceptance hereof or your use of any of Company’s online products, information and/or services, whichever is earlier (individually the “Service” or collectively, the “Services”).
    2. In these TOS, the terms “BoldGrid,” “we,” “us” or “our” shall refer to Company.  The terms “you,” “your,” “User” or “customer” shall refer to any individual or entity who accepts these TOS and/or uses the Services.
    3. Your use of the Services also signify that you have read, understand, acknowledge and agree to be bound by these TOS, along with Company’s Privacy Policy (located at https://www.boldgrid.com/website-privacy-policy/ and https://www.boldgrid.com/software-privacy-policy/), and any Service plan limits, product disclaimers and/or other restrictions presented to you on our Websites.
    4. Your use of the Services after any change to these TOS will constitute your acceptance of such change(s).
    5. These TOS set forth the terms and conditions of your use of any Service.  In addition to these TOS, your use of any Service may also be subject to specific terms applicable to a particular Service (“Additional Terms”).   If there is any conflict between the Additional Terms and these TOS, then the Additional Terms apply in relation to the applicable Service.
    6. Unless otherwise specifically provided in these TOS, nothing in these TOS shall be deemed to confer any third-party rights or benefits.
    7. You acknowledge and agree that (i) Company, in its sole and absolute discretion, may change or modify these TOS, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Websites, and (ii) your use of this the Services and/or Websites after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these TOS as last revised.  If you do not agree to be bound by these TOS as last revised, do not use (or continue to use) and you are not authorized to use the Services and/or Websites. In addition, Company may occasionally notify you of changes or modifications to these TOS by electronic mail, but is not required to do so. It is therefore very important that you keep your account information, including your electronic mail address, current. Company assumes no liability or responsibility for your failure to receive an electronic mail notification.
    8. The Services are not directed to children younger than 13, and access and use of the Services is only offered to users 13 years of age or older.  If you are under 13 years old, please do not register to use the Services. Any person who registers as a user or provides their personal information to the Services represents that they are 13 years of age or older.
    9. Subject to the terms and conditions of these TOS, we grant you a limited, revocable, non-exclusive, non-sublicensable license to use the Services and/or Websites solely as necessary for you to use the Services.  You agree to comply with all applicable laws and regulations in your use of and access to the Services and/or Websites.
    10. Company and its wholly owned subsidiaries may retain and use, subject to the terms of its Privacy Policy, all data collected by your use of the Services and/or Websites.

 

  1. ACCOUNT AND WEBSITE.
    1. Use of the Services requires an account.  You agree to provide us with complete and accurate information when you register for an account.  You will be solely responsible and liable for any activity that occurs under your username and related account. You are responsible for keeping your account password secure.  Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
    2. Subject to any required content or software licenses, you own your website created by the Services and are entirely responsible for the content of, and any conduct, action and/or harm resulting from any of your content using the Services. If you cancel the Services, it is your obligation to may back-up your website. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACK-UP COPIES OF YOUR WEBSITE AND RELATED CONTENT.
    3. As part of the Services, you may use or be allowed to use certain text, software, widgets, applications, scripts, source code, API, photographs, illustrations, images, graphics, sounds, music, audio, video and interactive features (and the trademarks, service marks and logos contained therein) developed, owned, or licensed by third-party providers (collectively, “Website Materials”).
    4. While the Services are comprised of plugins, themes, graphics/photos, and related collateral materials which are provided under a GNU General Public License, certain content and/or third party software and related materials (“Third Party Content”) to be used for the Services may require you to accept a separate license(s) for such use (for example, a Creative Commons license).  If the Website Materials and/or Third Party Content are accompanied by or require consent to a license(s) from the third-party provider, you shall be solely responsible for obtaining any required license(s) and your use of the Website Materials and/or Third Party Content is subject to the terms and conditions of such license(s), which are in addition to and separate from (and not in lieu of) these TOS.
    5. Company makes no representations or warranties about any Website Materials and/or Third Party Content offered in connection with Services, and expressly disclaims any liability or responsibility regarding the same.
    6. You acknowledge and agree that you will protect, defend, indemnify and hold harmless Company from and against any and all claims imposed upon or incurred by Company directly or indirectly arising from your use or misuse of the Services, Websites, Website Materials and/or Third Party Content.  You acknowledge and agree that the providers of Website Materials and/or Third Party Content are third-party beneficiaries to these TOS for purposes of enforcing their rights under these TOS.
    7. You represent and warrant to Company that (i) you have all necessary rights to distribute all content on your website related to the Services, either because you are the author of the content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the content, and (ii) you do not violate the rights of any third party.
    8. Optional paid products and services may be made available by Company. If you use any such product or service, you agree to pay Company the required subscription fees indicated for the related product and/or service.  Unless stated otherwise, before the end of the applicable subscription period, your subscription will automatically renew and you hereby authorize Company to collect the then-applicable subscription fee for such product and/or service, including the Services, (as well as any taxes) using any credit card or other payment mechanism Company has on record for you.
    9. By using the Services, you agree not to engage in any of the following activities:
      1. Violating laws and rights: You may not (a) use any Service for any illegal or unlawful purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including (but not limited to) by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
      2. Solicitation: You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including (but not limited to) junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
      3. Disruption: You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including (but not limited to) by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
      4. Harming others: You may not post or transmit content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
      5. Intimidate or Harass:  You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services; or any non-public personally identifiable information about persons over 13 years of age on or through the Services.
      6. Impersonation or unauthorized access: You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
      7. Lack Authorization:  You may not use or attempt to use another’s account or personal information without authorization; and
      8. Hacking: You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

 

  1. PAYMENT AND AUTO-RENEWAL.
  1. Other than as required by applicable law, Company does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your payment or usage of our automatic renewal services, and we are therefore unable to provide any such document upon request.
  2. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, THE SERVICES ARE OFFERED ON AUTOMATIC RENEWAL.  EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD.
  3. UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, COMPANY WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM ANY PAYMENT METHOD YOU HAVE ON FILE WITH COMPANY AT COMPANY’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD.  IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND THE SERVICES, LOG INTO YOUR ACCOUNT. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, THE SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW THE SERVICES PRIOR TO THAT DATE (IN WHICH CASE THE SERVICES WILL AGAIN BE SET TO AUTOMATIC RENEWAL).  IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW THE SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
  4. IN ADDITION, COMPANY MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION).  IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US.  IN ACCORDANCE WITH ANY RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, COMPANY WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. COMPANY MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING THE SERVICES AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID.  FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF THE SERVICES, AND COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
  5. If for any reason Company is unable to charge your payment method for the full amount owed, or if Company receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your payment method, you agree that Company may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation of the Services, without notice to you.  Company also reserves the right to charge you reasonable administrative fees for (i) tasks Company may perform outside the normal scope of its Services, (ii) additional time and/or costs Company may incur in providing the Services, and/or (iii) your noncompliance with these TOS (as determined by Company in its sole and absolute discretion)),. Any administrative fees will be billed to the payment method you have on file with Company.
  6. Company may offer a Service pricing in various currencies. The transaction(s) will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment.  For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charge(s), which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your payment method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

 

  1. CANCELLATION TERMINATION AND REFUNDS.  Company may terminate your account or access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate these TOS or your account (if you have one), you must reach out to BoldGrid Support by submitting a ticket through your BoldGrid Central Account. If your account is canceled or terminated within thirty (30) days of the renewal of a refundable service, a full refund will be processed.  Refund time frames will vary based on your financial institution’s refund process. If the cancellation request is made outside of the 30-day time frame, a prorated refund will be processed based on the number of full months left for the applicable Service.

 

  1. RESPONSIBILITY OF VISITORS.  Company has not reviewed, cannot review, and is under no obligation to review the material, including (but not limited to) computer software, posted by use of the Services, and cannot therefore be responsible for that material’s content, use or effects.  By operating the Services, Company does not represent or imply that it endorses the materials there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.  Company disclaims any responsibility for any harm resulting to you from the use by visitors of the Services, or from any downloading by those visitors of content there posted.

 

  1. INTELLECTUAL PROPERTY.  These TOS do not transfer from Company to you any Company or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Company.  Company, BOLDGRID™ and any logo associated therewith, and all other trademarks, service marks, graphics and logos used in connection with Company or the Services, are trademarks or registered trademarks of Company or Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services (including but not limited to the Website Materials and/or Third Party Content) may be the trademarks of other third parties.  Unless authorized, your use of the Services grants you no right or license to reproduce or otherwise use any Company or third-party trademarks. Company reserves all rights not expressly granted herein.

 

  1. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY.
    1. COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE SERVICES. THE SERVICES ARE LICENSED TO YOU “AS-IS,” WITHOUT ANY WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, AND COMPANY, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES; AND (ii) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, ATTORNEYS, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, ATTORNEYS, AGENTS OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE SERVICES, SHALL BE AND IS STRICTLY LIMITED TO THE AMOUNT YOU PAID TO COMPANY IN CONNECTION WITH THE SERVICES WITHIN THE SIX (6) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.  SOME STATES DO NOT ALLOW FOR SOME OF THE LIMITATIONS OR EXCLUSIONS AS SET FORTH IN THIS SECTION. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
    2. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in this Section  shall not apply to your indemnification obligations hereunder.
    3. These limitations of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with these TOS.  The terms of this section shall survive any termination of this Agreement.

 

  1. GENERAL REPRESENTATION AND WARRANTY.  You represent and warrant that (i) your use of the Services will be in strict accordance with Company’s Privacy Policy, with these TOS, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

 

  1. U.S. ECONOMIC SANCTIONS.  You expressly represent and warrant that your use of the Services and or associated services and products is not contrary to applicable U.S. sanctions.  Such use is prohibited, and Company reserves the right to terminate your accounts or access thereto in the event of a breach of this condition.

 

  1. INDEMNIFICATION.  You agree to indemnify and hold harmless Company, its contractors, and its licensors, and their respective directors, officers, employees, attorneys and agents from and against any and all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Services, including but not limited to your violation of the Privacy Policy and/or these TOS.

 

  1. TRANSLATION.  These TOS were originally written in English (USA).  We may, but are not obligated to, translate these terms into other languages.  In the event of a conflict between a translated version of these TOS and the English version, the English version will control.

 

  1. GENERAL TERMS.
    1. Independent Contractor.  Company and you are independent contractors and nothing contained in these TOS places Company and you in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.
    2. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to these TOS, the formation of these TOS or the breach of these TOS, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these TOS. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.  NOTWITHSTANDING THE FOREGOING, ANY DISPUTE, CLAIM OR CONTROVERSY UNDER $10,000 (FOR INDIVIDUALS) OR $5,000 (FOR ENTITIES) IN VALUE ARISING OUT OF OR RELATING TO THESE TOS, OR THE BREACH THEREOF, SHALL BE SETTLED IN SMALL CLAIMS COURT IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, STANLEY MOSK DISTRICT (CENTRAL DISTRICT), CALIFORNIA.
    3. Headings. The headings herein are for convenience only and are not part of these TOS.
    4. Entire TOS; Amendments.  These TOS, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these TOS constitutes the sole and entire agreement between the parties with respect to the matters covered hereby; provided, however, that these terms may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s website.
    5. Severability. All rights and restrictions contained in these TOS may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these TOS illegal, invalid or unenforceable. If any provision or portion of any provision of these TOS shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
    6. Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service or by electronic mail.  Company may give written notice to you via electronic mail to your electronic mail address as maintained in your account.
    7. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of these TOS shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
    8. Assignment; Successors. You may not assign or transfer these TOS or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under these TOS, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. These TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
    9. Limitation of Actions.  No action, regardless of form, arising by reason of or in connection with these TOS may be brought by either party more than one year after the cause of action has arisen.
    10. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under these TOS (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
    11. No Third-Party Beneficiaries. Except as otherwise expressly provided in these TOS, nothing in these TOS is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any person other than the parties hereto and their respective successors and permitted assigns.
    12. Government Regulations. You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with these TOS without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction you operate or do business.

 

Contact Us: If you have any questions about these TOS, please contact us at info@boldgrid.com.

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