Grappledata.com Policy and Purchase
Agreement
Website
use
You agree to use Grappledata.com website (the
"Website") only for purposes that are permitted by this Policy &
Agreement and any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions. You agree that you will not access or
attempt to access the Website other than through the interface that is provided
by Grappledata.com, unless you have specifically been permitted to do so in a
separate written agreement signed by an authorized representative of
Grappledata.com. You specifically agree not to access or attempt to access the
Website, or any portion thereof, through any automated means, including but not
limited to the use of scripts or web crawlers. You agree that you will not
engage in any activity that disrupts or otherwise interferes with the Website
(or the servers and networks which are connected to the Website). You agree
that you will not duplicate, reproduce, copy, sell, trade or resell the Website
for any purpose. You agree that you are solely responsible for any breach of
your obligations under this Policy & Agreement and for the consequences
(including any loss or damage which Grappledata.com may suffer) of any such
breach.
Promo
Codes (includes Sales and Coupon Codes)
Grappledata.com will sometimes furnish an
alphanumeric code that can be used for promotions on our Web site. Some of the
specials offered by entering a Promo Code during checkout can include volume
discounts, or free gifts. The provisions for a Promo Code will be included with
the code itself. Please note that Promo Codes are not redeemable for cash and
you must spend more than the discount price in order for a promotion to be
applied. For example, if a Promo Code offered $10.00 off your next purchase,
you would need to spend more than $10.00 to redeem your discount.
Sales
Tax
Sales tax is only required for orders shipping
into states where we have or may have a physical business operating. Therefore,
all orders shipping within the state of California will be charged applicable sales
tax according to the area's tax rate.
Software
Return Policy
Shipped Software may only
be returned for refund within 30 days of the invoice date if the packaging is
unopened. Opened shipped software cannot be returned for refund. If you have
opened a shipped software purchase to discover a damaged and/or defective disc,
you may exchange the software for an identical replacement by contacting
Grappledata.com Customer Service at support@grappledata.com.
Downloaded Software may
only be returned for refund within 30 days of invoice if the Software has not
been activated by entering the license key into the installed software. If the
Software has been installed and activated by entering the license key, Grappledata.com
may not refund your purchase and any return or refund will be at the sole
discretion of Grappledata.com based on the unique circumstances of the refund
request. In the event that downloaded Software is returned for a refund, the
user must completely uninstall the Software from any computer it has been
installed on, and any copies of the activation license key must be deleted and
destroyed so that it cannot be used again in the future. The original purchaser
of the Software and activation key will be held responsible for any future
installation and use of a refunded purchase license key, and Grappledata.com
will invoice the original purchaser for any detected future usage of that
license key once it has been returned for refund.
Technical
Support
Grappledata.com offers its customers technical
support for the products made by Grapple Data Technology, Inc. Any software
sold to customers at Grappledata.com not created by Grapple Data Technology,
Inc. may or may not be supported, and if so, only at the discretion of
Grappledata.com.
Privacy
and Security
Grappledata.com respects your privacy. We will
not under any circumstances sell or release your information to anyone without your express consent.
Protecting the security of our customers is
very important to us. All on-line transactions are sent through our secure
server and encrypted with 128-bit or higher technology. Once we receive your
information through the internet, only trusted, authorized employees will
process the payment to make sure your information is handled with the utmost
level of security. Although we store your personal information, we do not store
credit card information in our database. Our website receives your credit card
information and forwards it to credit card processing gateways. Afterward, we
delete that information from our site and do not store it.
Cancel
Orders
You may request that an order be cancelled
provided the order has not already been processed and shipped (or software
downloaded). Simply send email to support@grappledata.com during hours of operation to request an order
cancellation. We strongly discourage sending order cancellation requests via
email because it is possible we won’t receive the message in time to void the
order due to the sheer volume of emails we receive each day.
Purchase Agreement
Limitation of Liability
IN ALL CIRCUMSTANCES GRAPPLEDATA.COM 'S
MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF FIVE U.S. DOLLARS ($5.00) OR THE
PURCHASE PRICE OF THE PRODUCTS SOLD. GRAPPLEDATA.COM SHALL NOT, UNDER ANY
CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR
CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS
THIS LIABILITY LIMIT. GRAPPLEDATA.COM SHALL NOT BE LIABLE FOR THIRD PARTY
CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS,
INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES,
WHETHER OR NOT GRAPPLEDATA.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH
CLAIMS OR DAMAGES.
General
Terms and Conditions
Governing Law and
Jurisdiction
Any dispute arising out of or related to these
Terms and Conditions or the sales transaction between Grappledata.com and
Customer shall be governed by the laws of the State of Washington, without
regard to its conflicts of law rules. Specifically, the validity,
interpretation, and performance of this agreement shall not be governed by the
United Nations Convention on the International Sale of Goods. Grappledata.com
and Customer consent to the exclusive jurisdiction and the exclusive venue of
the State Courts of the State of Washington, King County, to resolve any
dispute between them related hereto, and the parities waive all rights to
contest this exclusive jurisdiction and venue of such Courts. Finally, the
Customer also agrees not to bring any legal action, based upon any legal theory
including contract, tort, equity or otherwise, against
Grappledata.com that is more than one year after the date of the applicable
invoice.
Severability
If any provision contained in this agreement
is or becomes invalid, illegal, or unenforceable in whole or in part, such
invalidity, illegality, or unenforceability shall not affect the remaining
provisions and portions of this agreement, and the invalid, illegal, or
unenforceable provision shall be deemed modified so as to have the most similar
result that is valid and enforceable under applicable Washington law.
Waiver
The failure of either party to require
performance by the other party of any provision of this agreement shall not
affect in any way the first party's right to require such performance at any
time thereafter. Any waiver by either party of a breach of any provision in
this agreement shall not be taken or held by the other party to be a continuing
waiver of that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with Grappledata.com's invoice and end user license agreements
regarding the products ordered by Customer, are the complete and exclusive
agreement between Grappledata.com and Customer, and they supersede all prior or
contemporaneous proposals, oral or written, understandings, representations,
conditions, warranties, and all other communications between Grappledata.com
and Customer relating to the subject products. This agreement may not be explained
or supplemented by any prior course of dealings or trade by custom or usage.