Terms of Use

Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Grote Industries, L.L.C. and its affiliated and related entities (“Grote”) reserves the right, in their sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should visit this page periodically to review the Terms of Use, because they are binding on you.

RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS

This site is controlled and operated by Grote Industries, L.L.C. at 2600 Lanier Drive, Madison, Indiana 47250. All material on this site is protected by copyrights which are owned and controlled by Grote or by other parties that have licensed their material to Grote (“Copyrights”). Material from this site may be used solely for personal noncommercial purposes and may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the materials for any other purpose is a violation of this Terms of Use Agreement, as well as laws protecting copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

LINKED SITES

This site contains links to web sites operated by third parties (“Linked Sites”). The Linked Sites are provided for your convenience only and are not an endorsement by Grote of the content on such Linked Sites. Grote makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked Sites. If you decide to access any Linked Sites, you do so at your own risk.

DISCLAIMER

This web site and the materials associated with this web site are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Grote disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. Grote does not warrant that the web site will operate error-free or uninterrupted, that defects will be corrected, or that this web site and/or its server will be free of viruses and/or other harmful components. Grote does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and/or links associated with this web site. If your use of this web site or the materials, services, text, graphics, and/or links associated with this web site results in the need for servicing or replacing equipment or data, Grote is not responsible for those costs. The material associated with this web site is provided solely for promotional purposes. Grote may make changes to the web site, the materials associated with this web site, any products, and/or any prices described at any time without notice. Grote makes no commitment to update this web site or the materials associated with this web site. This web site and the materials associated with this web site may make reference to products, programs or services that are not available to every user. Consult your local Grote business contact for information relating to products, programs or services that are available to you.

LIMITATION OF LIABILITY

In no event shall Grote be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this web site and/or the material associated with this web site, or resulting from any information or opinions provided on this web site and/or the material associated with this web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Grote or any of its affiliated or related entities are advised of the possibility of such damages.

SUBMISSIONS

Any communication or other material submitted or posted to this web site will be considered non- confidential and by posting or otherwise submitting any communication or other material, you automatically grant Grote a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

Grote is not responsible for any material posted or transmitted. You shall not:

• a. post any sexually explicit image;
• b. impersonate another person or entity;
• c. post any content which libels, defames, invades privacy, or is obscene, pornographic, abusive, harassing, hateful, or threatening;
• d. post any content which infringes any intellectual property or other right of any entity or person, including, but not limited to violation of copyrights, trademarks, laws governing trade secrets, rights to privacy, or publicity;
• e. post any content which violates any law or advocates illegal activity;
• f. advertise or otherwise solicit funds, post any content which is a solicitation for goods, services or participation in any pyramid schemes, or post any chain letters.

Grote does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users. You acknowledge that any reliance on material posted by other users will be at your own risk. Grote does not screen communications in advance and is not responsible for screening or monitoring material posted by users.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless, Grote, its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of the terms of this Agreement.

PRIVACY

As a general policy, no personal information is automatically collected from visitors to its sites. Certain non-personal information of visitors is recorded by the standard operation of Grote’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Use of this information includes internal review of the number of visitors to the sites in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to Grote only when voluntarily submitted. Grote may use the information it obtains relating to you, including your IP address, name, mailing address, email address, and use of the web site, for its internal business and marketing purposes. Grote reserves the right to share such information with third parties it deems trustworthy. If you do not wish your information to be included in such use, inform Grote of that fact by sending an e-mail to webmaster@grote.com.

EXPORT CONTROL

The United States controls the export of products and information. You agree to comply with such restrictions and not export or re-export any materials associated with this web site to countries or persons prohibited under export control laws. By viewing or downloading any such materials, you are agreeing that you are not in a country to which such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials.

JURISDICTIONAL ISSUES

This site is controlled and operated by Grote from its offices in the State of Indiana, United States of America. Grote makes no representation that materials in this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this web site and the materials associated with this web site may not be legal by certain persons or in certain countries. If you access this web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Indiana, without regard to conflict of laws principles. Any action you, any third party or Grote bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in the State of Indiana, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Grote with respect to the use of this web site and shall not be modified except in writing, signed by an authorized representative of Grote.