Gridiron Ventures, LLC
End User License Agreement
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE DOWNLOADING THIS APPLICATION. THIS AGREEMENT CONTAINS IMPORTANT TERMS AND CONDITIONS ABOUT YOUR USE OF THE APPLICATION AND OUR OBLIGATIONS WITH RESPECT TO THE APPLICATION. BY INSTALLING, COPYING, OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
License. Gridiron Ventures, LLC (“Gridiron Ventures”) hereby grants to you, and you accept, a limited, non-exclusive, non-transferable license to use this mobile application in machine-readable, object code form only (the “Application”), only as authorized in this Agreement. Except for the rights specifically granted in this Agreement, Gridiron Ventures retains all right, title, and interest in and to the Application and the Content (defined in Section 5 below), including all copyright and other intellectual property rights.
Use. You may install and use the Application on any computer or device that you own or lease. You may not transmit the Application over a network.
Restrictions. You agree that you will not modify, alter, reverse engineer, decompile or otherwise translate the Application. You agree that you will not use the Application to provide service bureau or other access or use of the Application to third parties. You agree that you will not store or place the Application on any web page or transmit the Application electronically via the Internet. You agree that you will not sell, distribute, loan, assign, sublicense, pledge, lease, rent, share or otherwise transfer the Application, or any portion or copy of the Application, or your rights and obligations under this Agreement. You agree that you will not copy, reproduce, broadcast, display, sell, license, distribute, share, transcribe, transfer, make derivative works based on, or otherwise exploit the Content or any portion of the Content.
Copies. You may make a single copy of the Application solely for backup or archival purposes as long as that copy contains all of the original Application copyright and other proprietary notices.
Content. Certain information, text, graphics, or other materials uploaded, downloaded or appearing in or via the Application (collectively, “Content”), whether publicly posted or privately transmitted, will originate from third parties. Gridiron Ventures may not monitor or control the Content and cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Application or obtained by you through the Application is at your own risk. Gridiron Ventures does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or endorse any opinions expressed via the Application. You understand that by using the Application, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise incorrect. Under no circumstances will Gridiron Ventures be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Application or broadcast elsewhere. Subject to the restrictions on your use of the Content in Section 3, if you summarize any Content in any media, you agree to cite Gridiron Grunts by name.
Advertisements. The Application may include advertisements. The types and extent of advertising by Gridiron Ventures on the Application is subject to change. In consideration for Gridiron Ventures granting you access to and use of the Application, you agree that Gridiron Ventures and its third party providers and partners may place such advertising on the Application.
Term; Termination. This Agreement is effective upon your clicking the “I AGREE” button, as described above, and shall continue until terminated. Gridiron Ventures may terminate this Agreement for any reason. You may terminate this Agreement at any time by destroying the Application (and all copies of the Application in your possession) and erasing all copies residing on computer equipment. In addition, this Agreement shall be terminated automatically if you fail to comply with any of the terms and conditions of this Agreement. Upon any termination of this Agreement, you agree to destroy the Application (and all copies of the Application in your possession) and erase all copies residing on computer equipment immediately.
No Warranty. GRIDIRON VENTURES LICENSES THE APPLICATION “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES WITH REGARD TO THE APPLICATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, OR ANY WARRANTY CONCERNING THE QUALITY, FUNCTIONALITY, OPERABILITY, ACCURACY, EFFORT, USE, OR PERFORMANCE OF THE APPLICATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT YOU ASSUME THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT. SHOULD THE LICENSED APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT OR OTHERWISE, WILL GRIDIRON VENTURES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE APPLICATION, YOUR USE OF THE APPLICATION, THE CONTENT, OR YOUR USE OF THE CONTENT, EVEN IF GRIDIRON VENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity. You agree to indemnify, defend and hold Gridiron Ventures and its officers, directors, employees, shareholders, agents, and representatives harmless from and against any and all liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including, but not limited to, attorneys’ fees, arising out of or in connection with your use of the Application.
Qualification. Some jurisdictions do not allow the disclaimer of all warranties in Section 8 above, the limitation of liability provisions described in Section 9 above, or the indemnification provision in Section 10 above, so those limitations may not apply to you. This Agreement gives you specific legal rights, and you may also have different or additional legal rights, depending on the applicable law in your jurisdiction.
Links. The Content may contain links to third-party websites or resources. You acknowledge and agree that Gridiron Ventures is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Gridiron Ventures of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Government. If the Application is provided to the U.S. government, it is provided only with restricted and limited rights. The government’s use, duplication, or disclosure is subject to the restrictions in Sections 52-227-14 and 52-227-19 of the Federal Acquisition Regulation or Section 52.227-7013(c)(1)(ii) of the Defense Federal Acquisition Regulation, as applicable.
Governing Law. This Agreement and any dispute or controversy arising out of or relating to it shall in all respects be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of laws principles.
Notice. Any notice you are required or permitted to give Gridiron Ventures under the Agreement will be effective if sent by FedEx to the address listed below:
Gridiron Ventures, LLC
2 Bolin Heights Suite A
Chapel Hill, NC 27514
General. This Agreement is the entire agreement between you and Gridiron Ventures relating to the Application, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter. This Agreement may only be modified by a written document which has been signed by both you and Gridiron Ventures. The disclaimers of warranties and damages and limitations on liability shall survive termination. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. No waiver by Gridiron Ventures of any breach of any term or provision of this Agreement shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof.
