GrabCart's User Agreement and Privacy Policy
THE FOLLOWING DESCRIBES THE TERMS ON WHICH
GRABCART OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User
Agreement") for GrabCart. This Agreement describes the terms and
conditions applicable to your use of our services available under the domain
and sub-domains of www.grabcart.com (the "Site") (including
half.grabcart.com, stores.grabcart.com) and the general principles for the
websites of our subsidiaries and international affiliates. If you do not
agree to be bound by the terms and conditions of this Agreement, do not use
or access our services.
You must
read, agree with and accept all of the terms and conditions contained in
this User Agreement and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference,
before you may become a member of GrabCart. We strongly recommend that,
as you read this User Agreement, you also access and read the information
contained in the other pages and websites referred to in this document, as
they may contain further terms and conditions that apply to you as a
GrabCart user. Please note: underlined words and phrases are links to
these pages and websites. By accepting this User Agreement, you also agree
that your use of other GrabCart websites will be governed by the User
Agreement and Privacy Policy posted on those websites.
We may
amend this Agreement at any time by posting the amended terms on the Site.
Except as stated below, all amended terms shall automatically be effective
30 days after they are initially posted on the Site.
Membership
Eligibility AND AGREEMENT.
Our services are available only to, and may only be
used by individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available to
children (persons under the age of 18) or to temporarily or indefinitely
suspended GrabCart members. If you are a under the age of 18, you can
use this service only in conjunction with, and under the supervision of your
parents or guardians. If you do not qualify, please do not use our Site.
Further, your GrabCart account (including feedback) and User ID may not
be transferred or sold to another party. If you are registering as a
business entity, you represent that you have the authority to bind the
entity to this Agreement.
You agree as a condition of use and membership that
GrabCart may contact you for the purpose of informing you of changes to
this Agreement or describing new GrabCart Services available on the
Site.
DISPUTES
GrabCart has no responsibility to resolve disputes between Buyers and
Sellers regarding products sold using the GrabCart's Services, or
otherwise. We recommend that you contact the other Member through the
"Contact" links available through your Account's main page to resolve
disputes. You further agree to notify GrabCart of any activity on the
Site that you believe may be deceptive, fraudulent or misleading.
DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
GrabCart will transmit certain information about a Buyer to the
Seller, and about the Seller to a Buyer, upon the Buyer's commitment to
purchase the Seller's listed item through the GrabCart's Service. You
agree that you will not use or disclose to any other person or entity any
part of another Member's personal information that was disclosed to you by
GrabCart for any purpose not expressly and directly related to such
transaction. Furthermore, you acknowledge and accept the risk that other
Members may misuse your personal information provided to them by
GrabCart, and you acknowledge and agree that GrabCart is not in
any way responsible or liable for any resulting loss, harm, injury or
damage which may result from such.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the any of the
Services available on the Site. You are responsible for all the activity
that takes place within your Member Account, even if such activities can
be demonstrated to have been performed by another person or entity. You
should never share the information required to access your Member Account
with anyone or allow others to use your Member Account.
You agree that GrabCart is not responsible in any way for the accuracy
or suitability of any payment of taxes to any entity on your behalf. You
shall indemnify and hold GrabCart, its subsidiaries, affiliates,
co-brand partners and other partners, and their respective officers,
directors, agents and employees harmless against all liabilities, costs,
interest and expenses (including reasonable attorneys' fees) incurred by
GrabCart that arise out of any third party or governmental claim that
involves, relates to, or concerns (i) any federal, state or county tax
obligation or amounts due or owing under any tax regulation, law, order or
decree or (ii) any dispute concerning the tax status of GrabCart as a
reseller of goods.
You agree as a Member that GrabCart shall not be liable to you or any
third party for any modification, suspension or discontinuance of the Site
or any Services.
TERMINATION
Either party may terminate the Agreement at any time. Upon termination or
expiration of this Agreement for any reason, all obligations or
liabilities of any Member under this Agreement, as well as under the Terms
of Use and Privacy Statement, shall survive to the maximum extent
permissible under applicable laws, including without limitation: all
accrued payment obligations, amounts owed for Services, liability related
to the use or misuse of GrabCart content, and indemnification
obligations as set forth in this Agreement. You authorize GrabCart to
keep a record of any information related to your Member Account even in
the event of termination. You explicitly authorize GrabCart to
maintain a record of any credit card you had used in connection with your
Member Account even in the event of termination.
To terminate your Member Account, you must send an email to
admin@grabcart.com stating you
want to terminate your account. Upon termination of your Member Account,
you will still be obligated to pay any fees (or other amounts) owing to
GrabCart.
GrabCart may terminate your Member Account by sending you notification
to your e-mail address and/or by simply suspending access to your Account.
If your Member Account or other privileges are terminated by GrabCart
or by you, you may be considered for reinstatement, at GrabCart's sole
discretion.
LICENSE AND SITE ACCESS
GrabCart grants you a non-exclusive right and license to access and
use the Site for personal, noncommercial purposes, other than to purchase or
sell items through the Site's Service, or to purchase items from
third-party merchants accessible via links on the Site. This license does
not include and strictly prohibits: any resale of the Site or its contents;
any collection and use of any product listings, descriptions, or prices
other than as expressly authorized herein; any derivative use of the Site or
its contents; or any use of data mining, robots, or similar data gathering
and extraction tools. The Site, including its operation, interface and
contents, are covered by copyright laws and international laws
and treaties, and may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any unauthorized commercial purpose
without the express prior written consent of GrabCart. Any unauthorized
use shall immediately terminate the licenses and rights granted by
GrabCart and any Licensors hereunder, and may subject you to civil
and/or criminal prosecution. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to any page of the Site so long as
the link does not portray GrabCart, its subsidiaries, affiliates,
Licensors, co-brand partners and other partners or its or their respective
services in a false, misleading, derogatory or otherwise offensive or
damaging manner. You may not use any GrabCart, Licensor, subsidiary,
affiliate, co-brand partner, or other partner logo or other proprietary
graphic or trademark as part of a link to the Site without first obtaining
the express written consent of GrabCart, the subsidiary, affiliate,
co-brand partner or other partner or Licensor (as applicable).
GrabCart does not guarantee continuous, uninterrupted or secure
access to its services or the Site, and the operation of the Site may be
interfered with by numerous factors outside or within GrabCart's
control.
CONTENT
GrabCart provides a number of different services to assist you in
comparison shopping for products and services on the Site. GrabCart is
paid by merchants after a merchant's product listed is sold on the Site and for promotions such as featured merchants, featured products
and showcases. Additionally, through the GrabCart Service, GrabCart provides a venue allowing users who open member accounts
through the GrabCart Member Agreement ("Member(s)"), including both
individuals and merchants, to list for sale new and used products that are
described on the Site. GrabCart receives a transaction fee from
sellers when a Member has completed the purchase of an item made
available by a Member for sale on the Site.
GrabCart does not sell, resell or license any of the products listed
on the Site, nor is GrabCart acting as an agent of sale, and
GrabCart disclaims any responsibility for, or liability related to, such
products and services (see Disclaimer of Warranties and Limitation of
Liability, below). Any questions, complaints or claims related to any
product should be directed to the appropriate merchant or seller.
GrabCart does not warrant that product descriptions, pricing,
editorial commentary or any other content of the Site, regardless of its
source, is accurate, complete, reliable, current or error-free. Site content
is provided for informational purposes only and does not constitute an
endorsement by GrabCart of any product, merchant, seller, service, or
any reviews or comments thereof regardless of the source of such review or
comment. GrabCart assumes no liability for inaccuracy or incompleteness
in its search results, editorial content, user ratings (e.g. user merchant
rating, or user product rating) or other content on the Site.
CONTENT SUBMISSION
By contributing or submitting any content to the Site, you warrant that
you are the author and owner of the intellectual property rights thereto or
have the appropriate license and sublicense rights from the owner, and you
grant GrabCart a worldwide, perpetual, irrevocable, royalty-free,
transferable right and license to use, copy, modify, delete in its entirety,
adapt, publish, translate, create derivative works from and/or sell and/or
distribute such materials and/or incorporate such materials into any form,
medium or technology without compensation to you. In addition, you warrant
that all "moral rights" that you may have in those materials have been
voluntarily waived by you. None of the materials shall be subject to any
obligation of confidence on the part of GrabCart, its agents,
subsidiaries, affiliates, Licensors, co-brand partners or other partners and
their respective directors, officers, employees, agents and representatives.
GrabCart reserves the right to change, condense or delete any content on
the Site that GrabCart deems, in its sole discretion, to violate the
content guidelines or any other provision of this Agreement.
You agree that you shall not post or provide any information to/for the
Sites:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation in any
applicable jurisdictions (including, but not limited to, those governing
export control, consumer protection, unfair competition,
anti-discrimination, false advertising and privacy);
- that is, or may reasonably be considered to be, defamatory, hateful,
racially or religiously biased or offensive (including the use of swear
words), unlawfully threatening or unlawfully harassing to any individual,
partnership or corporation;
- for which you were compensated or granted any consideration by any
third party;
- that seeks to obtain a commercial advantage;
- that includes any information that references other web sites,
addresses, email addresses, contact information, phone numbers or other
personal information such as credit card numbers; or
- that contains any computer viruses, worms or other damaging or
potentially damaging computer programs or files.
In contributing or submitting any content to the Site, you agree not to
use a false or misleading email address, impersonate any person or entity,
or otherwise provide any misleading information as to the origin of any
content that you submit.
You agree that you that you will not use any device, software or routine
to bypass our robot exclusion headers, or to interfere or attempt to
interfere with the proper working of the Site or any sales being conducted
through the Site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on GrabCart's computer
systems or communications infrastructure. You agree that you will not use
any software robot, spider, other automatic device or manual process to
monitor or copy Site pages or the content contained therein without
GrabCart's prior written consent.
Credit card
payments.
For credit
card transactions, the buyer will be charged by GrabCart and GrabCart will
transfer the funds to the seller. For each month, GrabCart will
collect all the credit card funds owed to a seller and then send it out to
the seller on the 15th of the following month. We may change our
Credit Card Payments policy for our services from time to time. Our changes to the
policy are effective after we provide you with at least fourteen (14) days
notice of the changes by posting the changes on the Site.
Fees and Services.
Listing, joining or
buying products on GrabCart is free. However, we do charge a fee to a merchant once a buyer
does purchase product from the merchant. We may change our Fees and Credits Policy
and the fees for our services from time to time. Our changes to the
policy are effective after we provide you with at least fourteen (14) days
notice of the changes by posting the changes on the Site. However, we may
choose to temporarily change our Fees and Credits Policy and the fees for
our services for promotional events and such changes are effective when we post the temporary promotional event on
the Site.. We may in our sole discretion change some or all of our services
at any time. In the event we introduce a new service, the fees for that
service are effective at the launch of the service. Unless otherwise stated,
all fees are quoted in U.S. Dollars. You are responsible for paying all fees
associated with using our service and the Site and all applicable taxes.
Fees for our services are described at http://www.grabcart.com/grab/fees
INDEMNITY
You agree to defend, indemnify and hold GrabCart, its subsidiaries,
affiliates, co-brand partners or other partners, and their respective
officers, directors, employees and agents free and harmless from and against
any claims, actions and demands, including, without limitation, any legal
and accounting fees resulting from your use of the Site or your breach of
the Terms of Use and Privacy Statement and/or Member Agreement. GrabCart
shall provide notice to you promptly of any such claim, suit or proceeding.
GOVERNING LAW
This Agreement shall be governed in all respects by the
laws of the Province of Ontario as such laws are applied to agreements
entered into and to be performed entirely within Ontario between Ontario
residents. We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of the Site may be interfered with by numerous
factors outside of our control. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that this Agreement and
all incorporated agreements may be automatically assigned by GrabCart.
Our failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof. stated above (Fees and Services) with
respect to fees owed for our services shall survive any termination or
expiration of this Agreement.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
GrabCart disclaims any responsibility for the content of any third
party materials provided through or on its Site or other services ("Third
Party Content"). GrabCart will respond to notices of alleged
infringement regarding Third Party Content sent pursuant to, and in
accordance with, the Digital Millennium Copyright Act ("DMCA"), which may
include GrabCart removing or disabling access to Third Party Content
claimed to be the subject of infringement or other activity. All notices
sent to GrabCart regarding matters other than informing GrabCart
that a party's copyrighted material may have been infringed (and relating
only to Third Party Content) will not receive a response through this
process.
Written notification must be submitted to the following:
By Email: admin@grabcart.com
INFRINGEMENT NOTIFICATION
To be effective, your infringement notification must include the
following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or
if multiple copyrighted works at a single web site are covered by a single
notification, a representative list of such works at that web site;
3. Identification of the material (i.e., the Third Party Content) that is
claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit GrabCart to locate the material;
4. Information reasonably sufficient to permit GrabCart to contact the
complaining party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted;
5. A statement, as follows: "I have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law"; and
6. A statement, as follows: "The information in this notification is
accurate, and under penalty of perjury, I swear that I am the copyright
owner or that I am authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed."
Upon receipt of the written notification containing the information as
outlined in 1 through 6 above:
1. GrabCart shall remove or disable access to the Third Party Content
that is alleged to be infringing;
2. GrabCart shall forward the written notification to the alleged
infringer (the "Subscriber");
3. GrabCart shall take reasonable steps to promptly notify the
Subscriber that it has removed or disabled access to the Third Party
Content.
COUNTER NOTIFICATION
To be effective, a Counter Notification must be a written communication
provided to GrabCart's Designated Agent that includes substantially the
following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before it
was removed or access to it was disabled;
3. A statement, as follows: "I swear under penalty of perjury that it is my
good faith belief that the material identified above was removed or disabled
as a result of mistake or misidentification of the material to be removed or
disabled";
4. The Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the Subscriber's address is located, or
if the Subscriber's address is outside of the United States, for any
judicial district in which GrabCart may be found, and that the
Subscriber will accept service of process from the person who provided
notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as
outlined in 1 through 4 above, the DMCA provides that the removed material
will be restored or access re-enabled and GrabCart will comply with this
requirement within a reasonable time (or as otherwise required by law),
provided GrabCart's Designated Agent has not received notice from the
original complaining party that an action has been filed seeking a court
order to restrain Subscriber from engaging in infringing activity relating
to the material on GrabCart's network or system.
MERCHANT REVIEWS
You may submit a merchant reviews on
the Site or through our Satisfaction Survey to describe your
shopping experiences with merchants.
- You may submit a merchant review only in good faith and about a
merchant from whom you have actually purchased or attempted to purchase
products, limited to where you have (i) completed the ordering process,
(ii) exchanged payment data, and/or (iii) received an invoice number.
- You agree to submit the corresponding and legitimate invoice number or
equivalent confirmation of order number/identifier when submitting the
merchant review ("Invoice Number"). You acknowledge and agree that the
Invoice Number will be made available by GrabCart to the applicable
merchant in conjunction with your review, and accordingly, the merchant
may be able to contact you regarding your review or otherwise.
- You may only describe your experience with the merchant for which you
are writing a merchant review. You should not review any merchant on
situations that are not controlled by the merchant you are reviewing.
- You may submit no more than one merchant review of a particular
merchant in any thirty (30) day period.
- Any merchant review that you submit is subject to the conditions and
restrictions described in the CONTENT SUBMISSION section, above..
Upon becoming aware of the same, GrabCart will omit any merchant
review that it determines on the face of the review (only) violates any
requirements in this Terms of Use or the Member Agreement. GrabCart will
not itself edit or modify the contents of a merchant review; it will only
remove a review in accordance with the foregoing.
GENERAL
If any provision of these Terms of Use and Privacy Statement or the
Member Agreement is held to be invalid, void or unenforceable for any
reason, such provision shall be struck and the remaining provisions shall
remain enforceable. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. You agree that
these Terms of Use and Privacy Statement and the Member Agreement and all
agreements and notices incorporated herein may be automatically assigned by
GrabCart, in our sole discretion, to a third party. You may not assign
your obligations to any other entity.
PRIVACY POLICY
At GrabCart ("GrabCart") we want you to know exactly how and
when we collect and use information that can specifically identify you, such
as your name, mailing address, phone number, and email address ("personal
information").
We do not require that you provide, nor do we collect, any personal
information if you are just browsing the Site. We may offer on the Site
non-transactional and transaction based services ("Service(s)") in which,
subject to applicable terms and availability, you may participate (e.g.,
submitting product reviews or becoming a Member to buy or sell items through
our Service). In order to provide you with the Services you
request, GrabCart may require that you first provide certain personal
information, which we determine is reasonably necessary in order for us to
fulfill your request. If you indicate an interest in participating in a
Service, we will identify what specific personal information you must
provide prior to collecting such information. Any personal information which
we collect from you will only be used for the purposes identified in this
Privacy Statement, the GrabCart Terms of Use and your applicable Member
Agreement with GrabCart, and as may otherwise be indicated at the time
the information is collected. To update, modify or delete any personal
information you provide to us with respect to a Service you may access your
account with GrabCart, make the changes on http://www.grabcart.com/myaccount/accinfo&pinfo and submit the same to
GrabCart.
GrabCart will not disclose your personal information to any third
party unless: 1) it is necessary in order to provide you with a particular
Service you have requested; 2) it is required of GrabCart in order to
comply with a legal process in any applicable jurisdiction (e.g., court
order, subpoena, search warrant, law enforcement request); 3) GrabCart
determines, in its sole discretion, that disclosure is necessary to protect
the rights, property, and safety of GrabCart, its subsidiaries,
affiliates, co-brand partners or other parties under contract with
GrabCart, our users, or others; or 4) you have provided such data
through a partner's private-level shopping web site hosted by GrabCart,
in which case GrabCart may provide your personal data to that partner (GrabCart
is not responsible for its partners' privacy policies or their use, storage
and processing of data collected on their web sites). In addition,
GrabCart may transmit information to a merchant, such as an invoice
number, which may permit the merchant to deduce the identity of a
user/reviewer in the event that a merchant disputes a user review on the
grounds that a transaction never took place between the user and the
merchant and/or an order was never made by the user in each case for the
applicable product(s)/service(s).
In certain instances, GrabCart may request that you provide secondary
information (e.g., demographic information), which we may use, for example,
to learn more about our customers and to develop and improve our services.
Any requests for secondary information will be marked "optional" (or its
equivalent). We may compile your personal information with that collected
from other customers to create aggregate data. Aggregate data is information
about groups of customers and, once compiled, will in no way identify you as
an individual. We may disclose aggregate data to our business affiliates,
advertisers, and other parties.
Our web servers collect from Site visitors statistical information
regarding what pages are visited, the date and time of the visits, how long
it took a user to download a page, and the TCP/IP address of the user. These
automated server functions do not collect this information in a manner
intended to identify your individual use of the Site, nor do we use this
information for any such purpose. This information is collected to assist us
in maintaining a high quality site, as well as providing necessary traffic
information to our advertisers. This information helps us learn things like
what pages are most attractive to our visitors, which of our products most
interest our customers, and what kinds of offers our customers like to see.
The Site contains cookie technology, which collects non-personal
information about you which is used to customize the Site for your future
use.
The Site contains links to web sites of third parties. GrabCart is
not responsible for the actions of these third parties, including their
privacy practices and any content posted on their web sites. We encourage
you to review their privacy policies to learn more about what, why and how
they collect and use personal information. GrabCart adheres to industry
recognized standards to secure any personal information in our possession,
and to secure it from unauthorized access and tampering. However, as is true
with all online actions, it is possible that third parties may unlawfully
intercept transmissions of personal information, or other users of the Site
may misuse or abuse your personal information that they may collect from the
Site.
Privacy Statement for Users Transacting Using our
Service
If you participate in a transaction through our Service, you
should be aware that GrabCart will disclose certain of your personal
information to the other transacting party as follows:
If you are the seller or a buyer using our Services, we may
provide to the other party to the transaction your: complete name, e-mail
and telephone number.
In the event that a seller and a buyer in a Storefronts transaction agree
to use a money order or cashiers check for transaction payment, the seller
is obligated to receive payment at the address that matches the address for
a valid credit card on file with
For transactional services available to our Members, in addition to the above, we will request
credit card information and additional personal data to GrabCart.
GrabCart will provide the buyer with the seller's name and address, and
sellers must agree to the provision of this information to buyers by
GrabCart. verify your identity. GrabCart may verify the information
provided in membership applications by authorizing a charge on the credit
card provided in the application, not to exceed $1.00, but GrabCart does
not actually charge the credit card any money in the verification process.
As a seller using our service your credit card information will never be
intentionally disclosed to any other member. GrabCart will not
pass the buyer's credit card information to the seller, If the buyer chooses
to pay with a form of payment other than credit card. When using our
service, GrabCart may disclose your credit card information to the
seller, or to the agents that process the seller's credit card payments,
only if you select to pay by credit card for your purchases.
GrabCart may also disclose a Member's credit card information to those
companies that GrabCart uses to authorize and process credit card
payments.
GrabCart reserves the right to modify or
revise this Privacy Statement at any time at its sole discretion as set
forth at the beginning of the Terms of Use.
Copyrights and Trademarks
Content, graphics, format, design, the user interface and other
copyrighted material on the Site (collectively, "materials") are protected
by copyright law and other intellectual property laws, and are owned by
GrabCart and/or its licensors (as the case may be). The materials from
the Site are only available for informational and non-commercial offline
use, provided that: the materials are not modified in any way; all copyright
and other proprietary notices and markings are retained and reproduced in
their entirety on any copy made from any material on the Site; and
GrabCart has, in its sole discretion, given its prior written approval
to such use of the Site's materials. Any requests to re-use the Site's
materials should be sent to: info@grabcart.com.
Copyright 2009 GrabCart. All rights reserved. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY GRABCART ON AN "AS IS" AND ON AN "AS
AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
GRABCART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR
THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD
PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, GRABCART SHALL NOT BE RESPONSIBLE FOR ANY
SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR
ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. GRABCART
DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR
THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS
FACTORS OUTSIDE OF GRABCART'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRABCART DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRABCART MAKES NO
WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON
THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS
WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL
SENT FROM GRABCART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRABCART WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR
BUSINESS OPPORTUNITIES.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF
YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE
WITH THESE TERMS AND CONDITIONS, WITH GRABCART'S PRIVACY POLICY OR ANY
OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF
THE SITE.
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