Legal notice

The Legal Stuff

GrapeVibe links third party service, like, but not limited to, Facebook and Instagram, and uses them in conjunction with our website, advertising, and overall service. We have no control or formal affiliation of these services so, you acknowledge and agree that GrapeVibe is not responsible for the availability of any such Third-Party Services, and does not endorse any statement, advertising, products, or other materials on or available from such Third-Party Services. Under no circumstances will we be responsible for any loss or damage resulting from the availability of any third-party service, or your reliance on the completeness, accuracy, or existence of any statement, advertising, products, or other materials on, or available from, third-party services.

You acknowledge and agree that the GraepVibe services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by GrapeVibe. Furthermore, you acknowledge and agree that the source and object code of certain GrapeVibe services (such as our online tools) and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary and confidential information of GraepVibe.

You agree to defend, indemnify and hold GrapeVibe, including all parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, liabilities, action, demand, loss, expenses, suit, or damages (including attorney’s fees) made or incurred by any third party arising out of or relating to your improper use of any services, your violation of these Terms, or your violation of any rights of a third party.

To the maximum extent permitted by law, in no event shall GrapeVibe or any of their service providers, licensors, suppliers, employees, agents, or officers be liable for damages of any kind (including but not limited to special, compensatory, indirect, incidental, consequential, or exemplary damages), lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or  otherwise, regardless of the foreseeability and/or if we were advised of such damages or of any advice or notice given to GrapeVibe or its service providers, licensors and suppliers arising out of or in connection with your use of any services. T This limitation shall apply regardless of whether the damages arise out of breach of contract, negligence, tort, or any other legal theory or form of action. additionally, the maximum liability of GrapeVibe and its service providers, licensors and suppliers to you under all circumstances will be limited to the amount paid, if any, by you in the last ninety (60) days to GrapeVibe for any services. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between GraepVibe and you. The GrapeVibe services would not be provided without such limitations. GrapeVibe will not be liable for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen circumstance beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, natural disaster, civil unrest or war.

You acknowledge and agree the GrapeVibe services, including without limitation, any products, goods, services, websites, applications, content, or any other information provided therein are provided “as is” and “as available”, with all faults, errors and omissions, and without any performance assurances or guarantees of any kind. We expressly disclaim any and all warranties, conditions, and representations, expressor implied, regarding the GrapeVibe services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, uptime, accessibility, and warranties arising from course of dealing, usage or trade practice. we make no guarantee or warranty that the service will meet your requirements or that they will be uninterrupted or error-free. you agree to use the services at your sole risk.

You and GrapeVibe agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and GrapeVibe agree that no dispute shall proceed byway of class arbitration without the written consent of all affected parties. Notwithstanding the foregoing, you may bring an individual action in the small claims court of the state, municipality, province, or territory if the action is within that court’s jurisdiction.