Last Updated: August 10, 2020
These Terms and Conditions of Use (the “Site Terms”) govern your (“you” or “your”) access to, and use of, the Gruntwork, Inc. (“Gruntwork,” “we” or “us”) web site located at https://gruntwork.io/, and all sub-domain sites (collectively, the “Gruntwork Sites”). The Gruntwork Sites are the property of Gruntwork.
BY ACCESSING, USING OR COPYING ANY MATERIALS FROM THE GRUNTWORK SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE SITE TERMS AND THE OTHER POLICIES AND AGREEMENTS APPLICABLE TO THE GRUNTWORK SITES AS DESCRIBED BELOW. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THESE SITE TERMS, POLICIES AND AGREEMENTS, YOU MAY NOT USE, AND MUST IMMEDIATELY CEASE USING, THE GRUNTWORK SITES.
1. The Policies and Agreements
If you sign-up for any Gruntwork services that are available for purchase (“Gruntwork Services”), you will also be subject to the Gruntwork Terms of Service, available at https://gruntwork.io/terms (“Terms of Service”), and/or a Gruntwork Subscription Agreement, or similar agreement governing your use of the Gruntwork Services (“GSA”, and collectively with the Terms of Service, the “Customer Agreement(s)”). In the event of a conflict between these Site Terms and your Customer Agreement, your Customer Agreement controls.
2. Use of the Website
The Gruntwork Sites contain a variety of resources and information, including the following: product and service descriptions, user interfaces, text, graphics, video, audio, trademarks, FAQs, documents, blogs, and software (collectively the “Site Content”); and areas to interact with the Gruntwork Sites and the user community such as community forums, chats, and other related interactive or social features (collectively, the “Community Services”).
To access portions of the Gruntwork Sites, you may need to provide login details or other personal information. It is a condition of your use of the Gruntwork Sites, and you agree, that all information you provide is correct, current, and complete. You agree not to share your login information with any other person. You are solely responsible for all use (including any unauthorized use) of your login information. If you believe there has been unauthorized access to your account by a third party, or a reasonable likelihood of unauthorized access, you must immediately notify Gruntwork and take remedial action. Gruntwork has the absolute right to disable any user name or password, at any time, for any reason, including, if, in our sole discretion, we believe you have failed to comply with any provision of these Site Terms.
You and other users of the Gruntwork Sites may be permitted to post, submit, contribute, publish, display, make available or transmit to others (hereinafter, "post") contact and employer information, content, materials, reactions, responses, code, techniques, ideas, or product improvement suggestions (including input and output) (collectively, “User Content") on or through the Gruntwork Sites.
You are solely responsible for any User Content that you post, including its legality, accuracy and appropriateness. Gruntwork is not responsible for (and has no liability with respect to) any User Content. You represent that you own or control all rights in and to your User Content and have the right to grant Gruntwork, its affiliates, and other users, the licenses granted in Section 5 (Intellectual Property) below. User Content you post must not include third-party intellectual property (such as trademarked or copyrighted material) unless you are legally entitled to do so and must not link to any infringing content (such as pirated files or clips). You represent that your User Content does and will comply with these Site Terms, and you agree to defend, indemnify and hold Gruntwork and its affiliates and licensors harmless for any breach of that representation and warranty.
Code of Conduct
You agree to comply with the following code of conduct in your use of the Gruntwork Sites (in particular, any Community Services):
- Be polite and respectful: Respect other users. Don’t upset, annoy, threaten, harass, abuse or embarrass other users through your posts.
- Keep it clean: Don’t include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Keep discussions healthy and useful: lively discussions are welcomed in the community; however, please don’t argue around anything personal (including personal beliefs, behaviors, etc.)
- Don’t mislead: Don’t provide instructions or advice that you know to be incorrect or misleading.
What Is Not Allowed
You agree not to:
- Use the Gruntwork Sites for any unlawful or fraudulent activities.
- Use the Gruntwork Sites for competitive analysis or to build competitive products.
- Use the Gruntwork Sites to publish, post or store other people’s or entities’ private or personal information without their express authorization.
- Use the Gruntwork Sites to send unsolicited communications, promotions, advertisements, or spam.
- Probe, scan, or test the vulnerability of any Gruntwork system or network or breach or circumvent any security or authentication measure.
- Access the Gruntwork Sites by any means other than by using the interfaces provided for your authorized use by Gruntwork (for example, “scraping”).
- Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time).
- Interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Gruntwork Sites.
- Rent, lease, distribute, sublicense, or otherwise provide access to the Gruntwork Sites to an unauthorized third party.
- Impersonate another person or entity or misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
Please Notify Us
If you become aware of any violation of these Site Terms by any person, including other users or third parties, you must immediately notify Gruntwork via e‑mail to firstname.lastname@example.org.
We may, but are under no obligation to, monitor or censor any User Content and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by users; and we disclaim any and all liability relating thereto.
3. Third-Party Services
From time to time, Gruntwork may offer to you the ability to access, or the Gruntwork Sites may be integrated or interact with, third party applications, links, websites, and services (“Third-Party Applications”) to make the Gruntwork Sites available to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies. Your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Gruntwork does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications, nor does Gruntwork warrant the compatibility or continuing compatibility of the Third-Party Applications with the Gruntwork Sites.
4. Gruntwork Store
You can purchase Gruntwork merchandise at https://store.gruntwork.io/ (“Merchandise Store”). When purchasing Gruntwork merchandise, payments are processed through a third-party payment processor.
All prices displayed in the Merchandise Store are quoted in U.S. Dollars, and are valid and effective only in the United States. Gruntwork reserves the right without prior notice to discontinue or change specifications on products and services offered in the Merchandise Store without incurring any obligations. All prices are stated exclusive of taxes. You shall be responsible for all taxes associated with your purchase or payment.
Though we don't offer refunds, you can return any product(s) within 30 days of your purchase in exchange for store credit to use the next time you shop with us.
Your shipping cost will be calculated and displayed before you enter your payment information.
5. Intellectual Property
The Gruntwork Sites
The Gruntwork Sites in their entirety, including the Site Content and Community Services, is owned by Gruntwork or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. Gruntwork grants you a limited license to access and make personal use of the Gruntwork Sites only for legitimate business purposes related to your role as a current or prospective customer, developer or partner of Gruntwork, and not to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Gruntwork. This license does not include any resale or commercial use of the Gruntwork Sites or its contents; any derivative use of the Gruntwork Sites or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. The Gruntwork Sites or any portion of the Gruntwork Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Gruntwork. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gruntwork without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Gruntwork’s name or trademarks without the express written consent of Gruntwork. Any unauthorized use terminates the permission or license granted by Gruntwork.
“Gruntwork,” “Grunty,” and all Gruntwork graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Gruntwork in the U.S. and/or other countries. Gruntwork’s trademarks and trade dress may not be used in connection with any product or service that is not Gruntwork’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gruntwork. All other trademarks not owned by Gruntwork that appear on this Webite are the property of their respective owners, who may or may not be affiliated with or connected to Gruntwork. You may not use any Gruntwork logo or other proprietary graphic or trademark as part of the link without express written permission.
You grant Gruntwork a worldwide, non-exclusive license to host, copy, process, transmit, and display User Content solely for the purpose of Gruntwork providing the Gruntwork Sites in accordance with these Site Terms.
Any User Content you post publicly, including through the Community Forum or Community Slack Workspace, may be viewed by others. You grant each user of Gruntwork a nonexclusive, worldwide, license to use, reproduce, display, and perform your publicly posted User Content, through the Gruntwork Site as permitted through Gruntwork’s functionality.
Subject to the limited licenses granted above, the user retains all right, title, and interest, including all related intellectual property rights, in and to the User Content.
Feedback and Suggestions
Gruntwork shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Gruntwork Sites.
Feedback shall not include submissions to a Gruntwork source code repository. The proprietary rights to such submissions shall be as described in the Gruntwork Terms of Service.
6. Disclaimer of Warranties
GRUNTWORK DISCLAIMS ALL WARRANTIES WHATSOEVER WITH RESPECT TO THE GRUNTWORK SITES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GRUNTWORK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE GRUNTWORK SITES WILL MEET YOUR REQUIREMENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE. IN ADDITION, GRUNTWORK MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT, THIRD PARTY SERVICES, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE GRUNTWORK SITES, AND GRUNTWORK IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM GRUNTWORK SHALL CREATE ANY WARRANTY ON BEHALF OF GRUNTWORK. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Gruntwork does not warrant that any aspect of the Gruntwork Sites is free of viruses or other destructive code. You are responsible for implementing sufficient procedures on your end to satisfy your specific requirements for anti‑virus protection and for maintaining data backups, etc. GRUNTWORK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE GRUNTWORK SITES.
To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold us, our affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of defense) resulting from your violation of these Site Terms, your use of the Gruntwork Sites, or our use of User Content in accordance with these Site Terms. We will be entitled, at our sole expense, to participate in the defense and settlement of the claim or action with counsel of our choosing. You may not settle any claims without our prior written consent (which will not be unreasonably withheld).
8. Limited Liability
Gruntwork's total liability to you under these Site Terms for damages, costs, and expenses will not exceed $5. Notwithstanding the foregoing, nothing in these Site Terms removes or limits Gruntwork’s liability for fraud, death or personal injury caused by its own gross negligence.
NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY HEREIN, IN NO EVENT WILL GRUNTWORK OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE COVERED PARTY HAS BEEN ADVISED BY GRUNTWORK OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND GRUNTWORK AGREE TO THIS LIMITATION EVEN IF THE REMEDY FOR ANY BREACH OF THIS CONTRACT FAILS OF ITS ESSENTIAL PURPOSE.
9. Copyright Infringement
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Gruntwork Sites infringe your copyright, you can request removal of those materials from the Gruntwork Sites by submitting written notification (a “DCMA Notice”) to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”)
Our designated Copyright Agent to receive DMCA Notices is:
Attn: Copyright Agent
221 E. Indianola Ave., Phoenix, AZ 85012
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter‑notification with us by submitting written notification to our Copyright Agent (identified above) pursuant to the DMCA.
Gruntwork reserves the right to terminate the user accounts of repeat infringers.
10. Governing Law and Jurisdiction
These Site Terms will be governed by and construed in accordance with the laws of the state of Arizona. The Parties agree that any disputes in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000 will be brought and maintained exclusively in the federal and state courts in Maricopa County, Arizona.
We reserve the right to make changes to the Gruntwork Site, these Site Terms and the Policies from time-to-time. We will post the revised terms to the Gruntwork Sites with a “last updated” date. IF YOU CONTINUE TO USE THE SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we shall not be liable to you or to any third party for any modification of the Site Terms.
You can stop accessing or using the Gruntwork Sites at any time and without notice to us. Similarly, we may terminate your access to the Gruntwork Sites or stop offering all or part of the Gruntwork Sites at any time without notice. Such termination will not relieve either Party of any obligations under these Site Terms which are expressly or by implication intended to survive termination.
These Site Terms, the Policies, and your Customer Agreement constitutes the entire agreement between you and us with respect to the Gruntwork Sites and supersede all prior and contemporaneous understandings and agreements with respect to the Gruntwork Sites. The failure to exercise any right provided in these Site Terms by a Party will not be a waiver of prior or subsequent rights by such Party. If any provision of these Site Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and the Parties will, in good faith, attempt to modify the invalid provision so it becomes a valid provision.
You agree to receive electronically all communications, agreements, and notices that we provide in connection with the Gruntwork Sites (“Communications”), including by email or by posting them to our Gruntwork Sites. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing.
14. Contact Us
If you have any questions about these Site Terms, please contact us at email@example.com