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Terms of Use

Last updated June 25, 2013

Welcome to The Grommet. The Grommet (the "Website" or "Service") provides services to you subject to the following Terms of Use ("Terms of Use"). These Terms of Use will be updated from time to time without notice. By accessing and using the Website, you accept and agree to be bound by these Terms of Use and to use the Service in compliance with these Terms of Use.

ELIGIBILITY

You represent and warrant that you are 18 years of age or older or using the Website under the supervision of a parent or guardian. You represent and warrant that the information you submit to us is true and accurate and that your use of the Service will not violate any applicable law or regulation.

PRIVACY

We collect registration and other information about you through your use of the Website. Our collection and use of this information is governed by our Privacy Policy, available at http://www.thegrommet.com/privacy, which is expressly incorporated as a term of these Terms of Use.

LICENSE AND SITE ACCESS

The Grommet grants you a limited, revocable, nontransferable, nonexclusive license to access and use this Website. You may not modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website or any portion of the Website without the express written consent of The Grommet. Subject in all respects to the immediately preceding sentence and to these Terms of Use generally, you may copy and publish images, illustrations, graphics, audio clips, video clips and text related to specific products sold on this Website. Except as may be authorized by The Grommet, this license does not include any resale or commercial use of this Website or its contents, any collection and use of any product listings, descriptions, or prices, or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly provided herein, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video, or form) of The Grommet without its express written consent. You may not use any meta tags or any other "hidden text" utilizing The Grommet's name or trademarks without the express written consent of The Grommet. You may not use the Website in such a manner that threatens the integrity, security, performance, or availability of the Website. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. Any unauthorized use, as determined solely by The Grommet, terminates this license.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify The Grommet of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security. The Grommet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion and without notice.

SITE CONTENT

Other users of the Website may post certain information or provide opinions or advice as part of the Website. Information provided by users of the Website is solely the opinion of such users and does not express the opinions of The Grommet. When reviewing such information, you should not assume that the user is unbiased, independent, or qualified to provide the information or advice. The Grommet does not necessarily exercise editorial control over content created or posted by others. Where information contained on the Website comes from third parties, even where it may have been obtained by The Grommet, The Grommet makes no representations about the suitability of such content for any purpose. When reviewing any information on the Website including user-generated or provided by a third-party, it is important to understand that such information is not a guarantee by The Grommet, and that your actual experience may be different.Neither The Grommet nor any of its data or content providers guarantee the accuracy, completeness, or timeliness of information on the Website, and shall not be liable for any errors or delays in the content or for any actions taken in reliance thereon.

Customer Ratings and Reviews

The following Terms and Conditions put forth by The Grommet are to be used to articulate all expectations required of you upon purchase.

Any content submitted to The Grommet by you dictates that:

  • you are the sole author and owner of the intellectual property rights
  • you have voluntarily waived all “moral rights” that you may have in such content
  • you have posted all accurate and truthful content
  • you are at least 13 years old
  • use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity

Additionally, all content submitted by you shall not:

  • be false, inaccurate, or misleading
  • infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
  • violate any law, statute, ordinance of regulation (including but not limited to those governing consumer protection, unfair competition or false advertising)
  • be (or be reasonably considered to be) defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation
  • have awarded you compensation or any consideration by any third party
  • include any information that references other websites, addresses, email addresses, contact information or phone numbers
  • contain any computer viruses, worms or other potentially damaging computer programs or files.

You further agree that The Grommet (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) is not legally responsible for all kinds of claims, demands, and damages (actual and consequential). This may include but is not limited to attorneys’ fees arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

All content submitted by you allows The Grommet perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete fully, adapt, publish, translate, create derivative works from and/or sell and/or distribute and/or incorporate such content into any form, medium, or technology anywhere in the world without compensating you.

All submitted content may be used at The Grommet’s sole discretion. According to the exclusive discrimination of The Grommet, any content deemed in violation of these guidelines or any other condition of these Terms of Use may be condensed, changed, or deleted. The Grommet cannot guarantee that you will have the opportunity to edit or delete any submitted content. The Grommet reserves the right to remove or refuse to pose any submission for any reason. There is no obligation of confidentiality on the part of The Grommet regarding any content you submit and you acknowledge that you, not The Grommet, are responsible for the contents of your submission.

SUBMISSIONS

You acknowledge that you are responsible for the information and material (including products/companies you think would make a good Grommet) that you submit or transmit though the Service (your "Submissions"), and that you, and not The Grommet, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality, and copyright. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content and may not post material that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not upload to, distribute, or otherwise publish through the Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, hateful, or racially, ethnically or otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or (d) you were compensated for or granted any consideration for by any third party. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.

Unless otherwise expressly stated herein or in The Grommet’s Privacy Policy, you agree that any Submission provided by you in connection with your use of the Service is provided on a non-proprietary and non-confidential basis. The Grommet reserves the right (but not the obligation) to remove or edit any Submission.

All Submissions become the property of The Grommet and by submitting a Submission you hereby automatically assign to The Grommet any and all rights of ownership to the Submission.. The Grommet has the right to use, copy, reproduce, modify, adapt, transmit, publish, translate, distribute, create derivative works from, and display your Submissions in any way as we see fit, in whole or in part, in any form, media and technology now known or later developed. You acknowledge that your Submission will not be returned and that we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose and without any right to receive notice of, or to inspect or approve, any use of the Submissions. You grant The Grommet and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You further represent and warrant that immediately prior to making a Submission: (i) you own all right, title, and interest in such Submissions, and (ii) the posting of your Submissions on or through the Website does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

PRODUCT DESCRIPTIONS

The Grommet attempts to be as accurate as possible. However, The Grommet does not warrant that product descriptions, product prices or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by The Grommet itself is not as described, your sole remedy is to return it in unused condition.

PRICING

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our merchants, The Grommet has the right to refuse or cancel any orders placed for products listed at the incorrect price. The Grommet has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Grommet shall issue a credit to your credit card account in the amount of the charge.

MERCHANT WEBSITES AND THIRD-PARTY CONTENT

This Website contains links to external merchant and third-party products, services, and websites. We exercise no control over these products, services, and websites, and we are not responsible for their performance, and are not responsible or liable for any content, advertising, or other services or materials available on such websites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such external merchant or third-party products, services and websites.

INTERNATIONAL ACCESS

This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of The Grommet, its merchants, or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Grommet and protected by U.S. and international copyright laws. All software used on this site is the property of The Grommet or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

The Grommet®, CITIZEN COMMERCE™ and other The Grommet graphics, logos, page headers, button icons, and scripts are trademarks, service marks, registered trademarks, registered service marks or trade dress of The Grommet in the U.S. and/or other countries. The Grommet’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not The Grommet's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Grommet. All other trademarks not owned by The Grommet that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Grommet.

COPYRIGHT COMPLAINTS

The Grommet respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Grommet’s contact information is provided at the end of these Terms of Use.

Please note that this procedure is exclusively for notifying The Grommet that your copyrighted material has been infringed.

RISK OF LOSS

All items purchased from The Grommet are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Grommet EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. The Grommet DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR E-MAIL SENT FROM The Grommet ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Grommet OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

The Grommet WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Grommet, and its directors, employees, agents, independent contractors, service providers and consultants (collectively, the "DG Parties") from and against any third party claims, damages, loss, liability, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Website and any discussion forums or interactive areas contained herein, including any actual or threatened suit, demand, or claim made against any of the DG Parties arising out of or relating to your use of the Website, your Submissions, your violation of these Terms of Use, or your violation of the rights of any third party. You also agree to indemnify the DG Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

NOTICES

Agreements, notices, disclosures and other communications to which these Terms of Use refer will be posted from time to time on this Website.

REMEDIES

You agree that The Grommet’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that The Grommet shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that The Grommet may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees. No right or remedy of The Grommet shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by The Grommet of its rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws.

DISPUTES

Any dispute shall be adjudicated in a state or federal court in Middlesex County, Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arises.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our Website, policies, and these Terms of Use at any time. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

CONTACTING The Grommet

If you have any questions or concerns about the Website or these Terms of Use, you can reach us through the following mailing address, telephone number or email:

The Grommet
87 Elmwood Street
Somerville, MA 02144
1-877-862-0222
X

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