Links to Third-Party Sites
graspU may provide links to other Sites or resources on this Site. graspU does not control these other Sites and resources and is not responsible for their availability, content, or delivery of services. graspU makes no representations whatsoever about such other Sites or resources. The inclusion of any link to a Site does not imply endorsement by graspU of the Site or its entities, products, or services. All warranties, conditions, or other terms express or implied as to any such linked Site, including, without limitation, as to the accuracy, ownership, validity, or legality of any content of a linked Site, are hereby excluded. It is your sole responsibility to take any precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature.
Disclaimer of Warranties / Limitation on Liability
YOUR ACCESS OR USE OF THE SITE IS AT YOUR SOLE RISK AND ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” GRASPU AND ITS OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, EMPLOYEES, AND AGENTS (COLLECTIVELY, “CALLIDUSCLOUD” IN THIS SECTION) MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
graspU (a) does not warrant that the Site is compatible with your equipment or that the Site, or e-mail sent by graspU, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and (b) is not liable for any damage you may suffer as a result of such destructive features. graspU will have no responsibility or liability for (i) any injury or damages caused by the negligence of graspU in connection with the Site, or any claim against graspU, or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Site caused by your computer equipment or arising from your access or use of the Site on such equipment.
The content of other Sites, services, goods, or advertisements that may be linked to or from the Site is not maintained or controlled by graspU. graspU is therefore not responsible for the availability, content, or accuracy of other Sites, services, goods, or advertisements that may be linked to or from the Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CALLIDUSCLOUD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF CALLIDUSCLOUD HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKS OR ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS. ALTHOUGH APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PROVISION WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify, defend, and hold harmless graspU and its partners, representatives, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with your access or use of the Site, or any links on the Site, including, but not limited to: (a) any breach or violation of the Terms by you or someone using your computer, username, or password; (b) your use or use by someone using your computer, username, or password of the Site; (c) a claim that any use of the Site by you or someone using your computer, username, or password infringes any intellectual property right of any third party or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Site by you or someone using your computer, username, or password; or (e) a claim arising out of or in connection with User Content you post. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. graspU reserves the right, at graspU’s expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with graspU in asserting any available defenses.
The Terms will be governed and construed in accordance with the laws of the State of Florida and any controlling federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with graspU’s provision of and your access to or use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida, unless otherwise provided by graspU in its discretion. You further will accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Comments and Questions
3045 Center Avenue
Fort Lauderdale, FL 33308