Terms Of Service

GRAND RAPIDS GRIFFINS WEBSITE TERMS OF USE

The following Terms of Use govern the use of the Griffinshockey.com website and all online services thereon as provided by West Michigan Hockey, Inc. dba Grand Rapids Griffins. We may modify this Agreement from time to time and such modifications shall be effective immediately upon posting to this Site. It is your responsibility to regularly check the Site to determine if there have been changes to this Terms of Use and to review such changes.

By using the Site, you agree to be legally bound by all the terms of this Agreement, and the Grand Rapids Griffins’ Privacy Policy, which is incorporated herein by this reference.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SITE.

Access to Site

The Grand Rapids Griffins may refuse, restrict, or suspend access to the Site at any time, without warning or notice, for any reason, in our sole discretion. The Grand Rapids Griffins reserve the right to modify, suspend or terminate the Site or any feature or portion thereof at any time, without warning or notice, for any reason, in our sole discretion. The Grand Rapids Griffins shall not be liable to you or any third party for modification, suspension, or termination of your access to the Site, or any modification, suspension or termination of the Site or any feature or portion thereof.

The Grand Rapids Griffins grant you a limited, revocable, non-exclusive license (with no right to sublicense) to use, access and display material provided on the Site, including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Site Content”) solely for your non-commercial, personal use. You may not copy, reproduce, distribute, broadcast, publish, collect into a database, publicly display, perform, modify, create derivative works of, sell, license, transmit by any means, method, or process now known or later developed, or in any way exploit any part of the Site or Site Content, without the express written consent of the Grand Rapids Griffins.

Site Content may include certain text, files, images, photos, video, sounds, musical works, works of authorship, messages, notes, and other content that is provided by you or other Site users through the message boards and other interactive features of the site (collectively, “User Content”). You understand and agree that User Content is the sole responsibility of the user providing such content and that the Grand Rapids Griffins bear no responsibility or liability for any such User Content. The Grand Rapids Griffins do not endorse and have no control over User Content and have no obligation to review such content. User Content may not reflect the opinions or policies of the Grand Rapids Griffins.

Permitted Use

You will use the Site and its contents only for lawful purposes and only in accordance with applicable law and this Agreement. Other than connecting to the Site using a Web browser, you may not attempt to gain access to the Grand Rapids Griffins’ servers or the servers operating this Site by any means, including, without limitation, by using administrator passwords or by representing yourself as an administrator while using the Site or otherwise.

You agree not to upload, post, transmit, share, store or otherwise make available any content that is or may be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, indecent, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

We reserve the right in our sole and absolute discretion, but are not obligated, to investigate and take appropriate action, including, but not limited to, removing any content or User Content from the Site for any reason, suspending or canceling any Member’s membership status, and/or commencing legal action against any user who violates this Agreement or otherwise misuses the Site.

Links to other Websites

The Site may contain links to websites that are not operated or maintained by the Grand Rapids Griffins and are not covered by this Agreement. The Grand Rapids Griffins have no responsibility or liability for the services or content of such sites and make no representations or warranties of any kind regarding any such websites. Your use of such sites is at your sole risk and subject to such site’s own terms of use and privacy policies.

Registered Users

Certain features of the Site require that you register and become a “Member” of the Site. You represent and warrant that the registration information you provide (“Account Information”) is correct, current, and complete. You are solely responsible for all use of your account. You are solely responsible for maintaining the confidentiality of your Account Information and agree to notify the Grand Rapids Griffins immediately if you suspect any unauthorized use of your account or Account Information. Registered users must be 18 years old or older, or if under age 18 must have their parent or guardian’s permission each time they use the Site. If you have reason to believe that your account is no longer secure, you must promptly change the affected Account Information and notify the Grand Rapids Griffins of the problem as described on our Contact Us page.

You may modify your Account Information or terminate your membership at any time by following the instructions on the Member’s account settings page.

You represent and warrant that: (i) you own any User Content that you upload, publish, display or post to the Site or that you otherwise have the right to post such User Content and grant the license set forth in this section, and (ii) any User Content you post on or through the Site does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person. If a third-party claims that the posting of any User Content by you is unlawful, you will bear the burden of establishing that it is lawful. The Grand Rapids Griffins, in its sole and absolute discretion, may remove or modify any User Content for any reason and without notice.

By providing User Content on or through the Site, you hereby grant to the Grand Rapids Griffins a limited, non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, sublicensable right and license to use, modify, publicly perform, publicly display, reproduce, distribute and create derivative works of such User Content. This license does not entitle you to any payment from the Grand Rapids Griffins for any reason

Grand Rapids Griffins Online Store

The Grand Rapids Griffins Online Store (the “Store”) is hosted by an independent merchandise vendor, Destroyer Promotional Products LLC, on Shopify.

When placing an order on the Store, you will be providing personal information, including payment information, directly to Destroyer Promotional Products LLC. You agree to pay Destroyer Promotional Products LLC all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your purchase may be subject to additional terms and conditions of sale, including return policies, established by Destroyer Promotional Products LLC. Questions relating to the Store, merchandise, order status and payment should be directed to jami@destroyer.rocks.

Intellectual Property Rights

This Site is copyright © West Michigan Hockey, Inc. DBA Grand Rapids Griffins. All rights reserved. The Site, including all Site Content and the trademarks, service marks and logos contained therein (“Site Marks”) are owned by or licensed to the Grand Rapids Griffins and are protected under copyright, trademark, service mark, trade dress, patent and other intellectual property rights under United States and foreign laws and international conventions. The Grand Rapids Griffins reserve all rights not expressly granted to you hereunder.

“Grand Rapids Griffins,” “Grand Rapids Griffins Youth Foundation,” GRG shield design, and Griffins wordmark with skyline, along with their associated logos, are registered trademarks of West Michigan Hockey, Inc. DBA Grand Rapids Griffins.

Trademarks, service marks, product names, company names and logos appearing on this Site that are not owned by the Grand Rapids Griffins are the property of their respective owners and are used here by permission. Trademarks, service marks, product names, company names or logos appearing on this Site may be used only with the prior express written permission of their owners.

Copyright Policy

If you believe in good faith that any Site Content or User Content has been used in a way that constitutes copyright infringement, please send written notice to the Grand Rapids Griffins’ Copyright Agent at customerservice@griffinshockey.com:

Any such notice must include the following: (i) identification and description of the copyrighted work that you claim has been infringed; (ii) the exact URL or location of the material that is claimed to be infringing; (iii) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (iv) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is claimed to be infringed; (v) your name, address, telephone number, and email address; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

Disclaimer of Warranties

THIS SITE AND ALL THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, MERCHANDISE, SERVICES AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THIS SITE AND ANY CONTENT, INFORMATION, SOFTWARE, FACILITIES, MERCHANDISE, SERVICES AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE IS AT YOUR OWN RISK.

THE GRAND RAPIDS GRIFFINS, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WITH RESPECT TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY SITE CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE OR ANY SITES LINKED TO OR FROM THIS SITE.

IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Limitation of Liability

IN NO EVENT SHALL THE GRAND RAPIDS GRIFFINS, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED AS A RESULT OF YOUR USE OF THIS SITE, ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, YOUR RELIANCE ON THIS SITE OR ANY SITE CONTENT, OR ANY STATEMENTS, WARRANTIES, REPRESENTATIONS, OFFERS, EVENTS OR ADVERTISEMENTS OF ANY THIRD PARTY COMPRISING SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE GRAND RAPIDS GRIFFINS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

You agree to defend, indemnify and hold harmless the Grand Rapids Griffins, its members, managers, officers, directors, partners, shareholders, parents, subsidiaries, affiliates, agents, employees and licensors, from and against any and all claims, actions, suits, losses, expenses, damages, obligations, liabilities, and costs, including reasonable attorney’s fees, arising from or related to: (a) your use of and access to the Site; (b) your violation or breach of any of the terms of this Agreement and/or your representations or warranties; (c) your placement or transmission of any User Content on or through the Site; or (d) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right. This defense and indemnification obligation will survive your use of the Site. We reserve the right to take over the exclusive defense of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us.

Location/Consent to Transfer

The Site is hosted in the United States of America and is intended for and directed to users in the United States. Those who access or use the Site from other jurisdictions do so at their own volition and risk and are solely responsible for compliance with local and other applicable law. If you are accessing the Site from any region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States, your continued use of the Site, which is governed by this Agreement and our Privacy Policy under U.S. law, constitutes your consent to transferring your personal information to the United States.

This Agreement

If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Transfer of Rights

You may not transfer or assign any of rights, obligations or licenses granted to you hereunder. However, the Grand Rapids Griffins may transfer or assign the rights, obligations, and licenses hereunder at any time and without restriction.

Law and Venue

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Michigan, as they are applied to agreements entered and performed entirely within Michigan. Any action you, any third party or the Grand Rapids Griffins may bring to enforce this Agreement or in connection with any matters related to the Site shall be brought only in the state or federal courts located in Kent County, Michigan, and you expressly consent to the exclusive jurisdiction of said courts over yourself and any such matters.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.

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