Grappledata.com Policy and Purchase Agreement
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 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 email@example.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.
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.
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 firstname.lastname@example.org 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.
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.
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.
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.
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.