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THE FOLLOWING CONTAINS INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS AS A USER, AS WELL AS THE CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOUR USE OF THIS WEBSITE. YOU SHOULD READ THE ENTIRE AGREEMENT, AND THE RELATED PRIVACY POLICIES PATIENT CONSENT, VERY CAREFULLY.
THESE TERMS CALL FOR BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS WEBSITE, INCLUDING PLACING AN ORDER, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT AND ALL OF ITS TERMS AND CONDITIONS.
YOU MAY NOT PLACE AN ORDER ON THIS WEBSITE OR OTHERWISE USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THIS AGREEMENT; (B) ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER; OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THIS WEBSITE OR ORDERING OUR GOODS OR SERVICES.
We are entitled to change or add to the terms of this Agreement at any time. We will do so by posting the modified Agreement on the Website at the same location where you located this Agreement. Any use of the Services after our posting of a modified Agreement will constitute your acceptance of the Agreement as amended. Any Dispute (as such term is defined below) that arose before the posting of a modified Agreement will be governed by the version of this Agreement in place at the time the Dispute arose.
This Website and the Services are intended for adults and should not be used by persons under eighteen (18) years of age. Children under the age of thirteen (13) are not permitted to use this Website or any of the Services. We require that children between the ages of thirteen (13) and seventeen (17) seek and obtain their parent’s or guardian’s permission prior to accessing the Website or using any of the Services. Company hereby disclaims all and all liability for any use of this Website by individuals under eighteen (18) years of age.
We provide all content on this Website, including all data, information, text, graphics, links, and similar material, and all information printed on all product packaging or labels (collectively, the “Website Content”) only as a convenience to our Website visitors and customers. Website Content provided is for informational and educational purposes only and is not intended to serve as professional dental or health advice and should not be used for diagnosis or treatment. Website Content is not intended to and does not constitute the practice of dentistry or other healthcare advice. Use of this Website, the Website Content or any of the Services will not act to create a doctor-patient relationship, nor any other form of privileged relationship, with Company.
If any specific questions, please consult your personal dentist or another qualified healthcare provider. We have not attempted to make the Website Content complete as to all orthodontic or dental treatments and conditions and it is in no way a replacement for the advice of an orthodontist, dentist, or other similar professionals. Do not rely on anything in the Website Content over the advice of a licensed professional or as a basis for avoiding or delaying such advice. This applies to any other websites linked to or from this Website.
THIS WEBSITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE. IF YOU ARE EXPERIENCING ANY TYPE OF EMERGENCY SITUATION OR BELIEVES THAT YOU OR ANOTHER PERSON IN YOUR HOUSEHOLD MAY BE AT RISK OF PERSONAL INJURY OR DEATH OR MAY HARM THEMSELVES OR ANOTHER PERSON YOU SHOULD IMMEDIATELY DIAL “911” OR OTHERWISE CONTACT AN APPROPRIATE EMERGENCY RESPONDER.
While some sections of the Website do not require registration to view, for the most part registration is required to use most of the Website and Services. In addition, for use to gather required user information, we will require registration when you provide certain information about yourself, such as email address and password you create (“User Information”). As part of registration, you agree to accept full responsibility for all of your activities on the Website and with respect to the Services you utilize for your user account created during registration. As part of registration, you must agree to provide and keep accurate, true and complete as necessary or requested for all of the information provided during registration. It is your responsibility to keep your User Information private and not disclose your User Information to anyone (other than parents or guardians) and you agree to do so as part of your registration. As part of this obligation, you are solely responsible for maintaining confidentiality of all confidential User Information and preventing unwanted disclosure. If you believe unauthorized access to the Website utilizing your User Information without your permission or consent, please email us immediately at GrinSquad@ClubGrin.com.
(a) Sales, Order Acceptance and Cancellation.
After submission by you, all orders you send must first be accepted by us, or no binding agreement of sale will be formed and we will not be obligated to sell any product or service ordered. We retain the right to accept or reject any and all orders, in the Company’s sole and absolute discretion. After we receive your order, we will send a confirmation email with an order number and your order details. A binding agreement of sale is formed when (1) we have accepted your order and (2) you have received the order confirmation email. You may cancel an order at any time before we send the order confirmation email by calling our Customer Service Department at 972-799-2214 or emailing Club Grin Customer Service at GrinSquad@ClubGrin.com.
(b) Prices; Payment Terms.
All prices posted on this Website are subject to change without prior notice. The price charged for a product or service will be the price in effect on the Website at the time the order is placed. Any price increases will only be effective for orders placed after the posting of such price changes. Posted prices do not include taxes or any shipping charges for shipping but such taxes and charges are added to your order total and will be itemized in your final shopping cart before ordering and in the order confirmation email. We are not responsible for errant pricing inputs, typographical errors, or any software malfunction or other errors that present any pricing not approved by the Company and the Company reserves the right to cancel any orders that include any such incorrect pricing information.
In all cases, we must receive payment before we will accept any order. Payment options will be posted on the Website. You agree, represent and warrant to the Company that, in the case of payment with a credit or debit card, as to the following (i) the debit or credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such debit or credit card for these purposes, (iii) any charges incurred by you will be honored by the issuer of the card, and (iv) you will pay all charges, taxes and fees incurred by you and do so at the correct posted prices. Payment terms are subject to change in our sole discretion.
(c) Shipping Arrangements and Delivery Dates; Transfer of Ownership and Risk of Loss.
We will make all shipping arrangements for your product orders. We will give you available delivery options prior to processing your order and these options may change from time to time. Title to the products you order and any risk of loss to those products transfers to you when we deliver your ordered products to the shipper for the shipping method you select or we mandate. All displayed shipping and delivery dates during the order process are estimates only and we do not guarantee or promise any specific dates or timeframes. As a result, we expressly disclaim any liability for any claims, damages or losses you may incur as a result of any delays in shipping and you agree to this disclaimer.
(d) Returns and Refunds.
BECAUSE THE NATURE OF OUR PRODUCTS AND THEIR INTENDED AND ACTUAL USE BY PATIENTS, APPLICABLE LAW AND PUBLIC HEALTH GUIDELINES PREVENT US FROM OFFERING ANY REFUNDS OF ANY PRODUCTS. THEREFORE, THERE ARE NO REFUNDS AVAILABLE ON ANY PRODUCTS.
Transactions (as the term is defined below) with us will result in electronic communications being delivered to you (at the email address that you provided during registration) regarding your order purchase dollar total and your product shipment notification. By making a purchase, you expressly consent to receive these communications from us. We do not encrypt these communications but subsequent communications that come through the patient portal are encrypted.
If you purchase a subscription or payment plan for repeated orders and deliveries or other Services that are ongoing in nature (“Service Subscription”), by your purchase you authorize the Company and our service providers to bill your card or checking account for the amounts and at the intervals described on the Website until you terminate your Subscription, until the end of the Subscription period, or indefinitely if you purchase an open-ended Subscription. In cases where your card expires, is canceled, is over the limit, or is otherwise declined, the Company will cease the delivery of ordered goods and any Services or allow renewal of your Subscription until the problem is corrected and your card company accepts and processes the charges. We will attempt to notify you of the issue through reasonable methods but the Company is under no obligation to do so.
When you purchase a Subscription, you can designate the time of deliveries for specific products, as well as the pre-paid period of the subscription (e.g., 6 month subscription for one delivery per month, 12 month subscription for four (4) deliveries each month, etc.). Regardless of this timing, your prescription plan details the timing for transitioning from one product to the next product in sequence as you continue through the prescription plan. If you do not follow the recommendations on frequency and timing with respect to the prescription plan you could negatively affect your treatment. Any changes in the prescription plan should only be made in consultation with our medical staff or your personal dentist.
At the expiration of any pre-paid Subscription period, the Subscription will automatically renew at the requested frequency (or if not designated, then monthly) and you will be charged applicable subscription and shipping fees until you cancel your Subscription or we terminate it. Some time prior to renewal, you will receive reminders about the upcoming renewal and our renewal policies. You may terminate the auto-renewal or subscription service online, as well as any other communication method specified on the Website. Subscription plans are subject to the same changes in prices as all other orders, as discussed above.
Company may provide you opportunities to share information on third-party social media platforms such as Facebook, Twitter, Instagram, LinkedIn or other similar websites (collectively, “Social Media Platforms”). Company may also provide you opportunities to participate in online communities on such Social Media Platforms and may host discussion boards, chats, and other forums on this Website. For example, you may use a platform user name to tag your photos and postings (“Tagged Content”). If you post Tagged Content with hashtags we provide, your activity and participation will be governed by this Agreement. The terms and conditions of the Social Media Platform will also govern any postings.
If you participate in a Company-sponsored online community, such as a forum or a discussion board, you agree that any content submitted is being provided by you voluntarily, on a non-confidential basis, and without any claim to any compensation or other consideration. In such cases, you hereby you grant Company a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, sublicense, copy, distribute, modify and create joint or derivative works in any form or format. You agree not to post, transmit, or link to any material, websites, Tagged Content, or other content that may be libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, or discriminatory, or that would constitute an expression of political or hate speech. You agree not to post, upload or transmit any content which you do not own or have appropriate permissions for such posting, upload or transmittal. You agree not to violate, plagiarize, or infringe on the rights of any third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree not to post, create, upload or transmit any software or other material that contains a virus or other harmful code or device. You agree not to solicit users using, or distribute through or by means of the Website, any advertising message for any products or services such as chain letter, mass communications, batch or bulk email, or gather email addresses for the purpose of sending messages to other users of the Website. With respect to your Tagged Content, the Company does not promise, warrant or guarantee that it will not be copied or used by others, nor will it otherwise take steps to prevent other users from doing so. Please do not post any personally identifying information except on your account page. You agree not to post anything where the posting would constitute a violation of any law, regulation, or rule. through the Website.
The Company will not, and undertakes no obligation to, monitor any related or linked websites, any user discussion boards or forums, or any other posted or uploaded materials. You expressly agree that the Company will have the right, but not the obligation, to monitor the Website, any user discussion boards or forums, and any other posted or uploaded materials, to alter or remove any such materials, and to disclose such materials and related information concerning such materials to any third party in order to optimize the Website, to protect ourselves, our sponsors, and our other uses and Website visitors, and as required to comply with applicable law, contractual obligations or governmental requests.
By registering, you agree that we may use your phone number to send SMS messages to insure you receive important information and updates about your application process, inquiries, orders, and treatment. These messages will vary based on the level of assistance required by you to complete the process, the evaluation of your needs at that stage of service, your length of treatment, and similar factors. You may opt out of this text service at any time by replying “STOP” to any SMS message you receive from Club Grin. You may also seek assistance with non-emergency requests or questions by replying “HELP” to access a member of the Club Grin team. Otherwise, please can call our support team at 972-799-2214.
Club Grin does not charge additional fees to send or receive text messages, however, you may incur charges from your mobile carrier. Message and data rates vary.
You agree and acknowledge that the Company is and will remain the sole and exclusive owner of all intellectual property rights in and to the Website and the Services, and all related content, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. By using the Website or the Services, you do not have and will not acquire any right, title or interest in or to any of these intellectual property rights.
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Website infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. Send all such requests to: GrinSquad@ClubGrin.com.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the (allegedly) infringed exclusive right; (b) identification of the infringed copyrighted work; (c) identification of the claimed infringing material or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the (allegedly) infringed exclusive right. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Send notices and counter-notices with respect to the Website to the email address listed above.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, or disclosure. We cannot, however, guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information to us at your own risk.
USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ANY AFFILIATED COMPANY ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY, “COMPANY PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
BY VISITING THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, AND COMPANY PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED COMPANY OF THE POSSIBILITY OF SUCH CLAIM.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICES IS TO STOP USING THE WEBSITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF COMPANY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
It is the Company’s goal to quickly resolve any claim, complaint or other dispute (as defined below, “Dispute”) promptly and to your reasonable satisfaction. Please contact us at GrinSquad@ClubGrin.com if you feel you have any Dispute. If we cannot resolve the Dispute amicably and informally, we will follow the Dispute resolution process requiring individual arbitration. The term “Dispute” includes any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.
YOU AND CLUB GRIN ARE HEREBY AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, AND ALL RELATED RIGHTS, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION CONCERNING A CLAIM. ANY DISPUTE (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR IN THE FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND THE COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF GOODS OR SERVICES THROUGH THE WEBSITE, OR OTHER DISPUTES CONCERNING THE WEBSITE OR THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION AND THE TERMS AND CONDITIONS OF THIS SECTION 20.
You and Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit pursued in court and seeks to resolve disputes between parties more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by American Arbitration Association according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Collin County, Texas, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and any court of competent jurisdiction may enter the award as a judgement. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not attempt to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
This Agreement is entered into and performed in the State of Texas, United States of America This Agreement and your use of the Website and the Services is governed solely and exclusively by Texas law, without reference to principals of conflicts of laws, except with the foregoing is in violation of or in conflict with the laws of the state in which you live if other than Texas. Use of this Website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Website illegal.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions or orders, war, invasion or hostilities, terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemics or pandemics, lockouts, strikes or other labor disputes whether or not relating to our workforce, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
If you have a question or complaint regarding the Services provided to you by Company please contact us at GrinSquad@ClubGrin.com to receive further information regarding the Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
You may not assign any rights or obligations under this Agreement, in whole or in part, without Company’s prior written consent. Any purported assignment or delegation in violation of this Section 33 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Company may assign all or part of this Agreement to any third party.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive indefinitely.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Club Grin.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep the email address associated with your registered account current.
(b) To Us. To give us notice under these Terms, you must contact us as follows; (1) email to GrinSquad@ClubGrin.com or by (2) by personal delivery, overnight courier or registered or certified mail addressed to 539 W. Commerce St #2868 Dallas, TX 75208. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
If any of the provisions of this Agreement is held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
In the event of any conflict with the Website and this Agreement, the terms of this Agreement will govern.
Please contact us with any questions or concerns regarding this Agreement at:
Club Grin, LLC