Terms and Conditions

TERMS AND CONDITIONS

Updated: 03/01/16

Please read this agreement (“Agreement”) carefully before accessing or using this Web site (including, but not limited to, all information, software, data, images, content and related materials, documentation and services connected therewith) (collectively, the “Site”). By accessing or using the Site, you agree to be bound by this Agreement. The Grupe Company, Grupe Holding Company, Grupe Commercial, Grupe Real Estate, and Grupe Operating Company (“Grupe”) provides the information, services and other material on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices.

Grupe assumes no responsibility for any consequences or damages arising from, directly or indirectly, any action or inaction that you take based on the information, services or other material on this Site. While Grupe strives to keep the information on this Site accurate, complete and up-to-date, Grupe cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. The information and services offered on this Site are provided with the understanding that Grupe is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

CONSENT TO CONTACT

By providing us with your contact information, you consent to be contacted by the Grupe and its affiliates and subsidiaries using the information you provide.

LICENSE GRANT

Subject to your compliance with the terms and conditions of this Agreement, Grupe grants to you a non-exclusive, revocable, non-transferable license to access and use the Site. You are receiving only a license to enter and use this Site strictly in accordance with the terms and conditions of this Agreement. If you are using the Site on behalf of a third party, both you and such third party are responsible for your compliance with this Agreement. If you are authorizing your employees and agents to use this Site, you agree to notify and inform your employees or agents having access to the Site of all obligations regarding the Site and shall be responsible for their compliance therewith.

PROHIBITED USES

As a condition of your use of this Site, you agree and warrant to Grupe, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not reproduce, download, copy, modify, commercialize, distribute, transmit, display, perform, reproduce, publish, license, reverse-engineer, de-compile, disassemble, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products, services or materials obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by Grupe, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Grupe, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. If Grupe issues you a password, in addition to any other terms provided by Grupe to govern your use of your password, you must maintain the confidentiality of your password, not share it with other users, and immediately notify Grupe if you believe your password has been compromised or is no longer confidential. You will be responsible for all activities taken under your password. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

PROPRIETARY RIGHTS

The Site is owned by Grupe and is protected by U.S. copyright and other intellectual property and common laws. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written permission of Grupe.

All logos, marks and product and service names are trademarks and service marks owned by Grupe and its affiliates and licensors (the “Marks”). Without the prior written permission of Grupe and the appropriate affiliates or licensors, you agree not to display or use the Marks in any manner.

You acknowledge that the license granted above in no way shall be construed to provide an express or implied license to use, modify or improve any of Grupe’s patents, copyrights, trade secrets and/or trademarks. Grupe reserves all rights to the Site not expressly granted to you in this Agreement. No license, right or interest in any trademark, trade name or service mark of Grupe or any third party is granted under this Agreement. Grupe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site or any portions hereof without notice or liability to you or any third party.

LIABILITY DISCLAIMER

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. GRUPE, ITS AFFILIATES AND/OR SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIALS AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL GRUPE, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GRUPE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Grupe, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ fees and costs) related to or arising from your violation of this Agreement.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws of the state of California, U.S.A., without regard to choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions of these Terms of Use will remain in full force and effect. By accessing this Website, or using information on this Website, you submit to the exclusive jurisdiction of the state courts in San Joaquin County, California or the United States District Court, Eastern District of California, to resolve disputes of any kind arising out of your reliance on the information on this Website, or any interaction with Grupe involving this Website. Any claim you have with respect to this Website must be brought within two years after the claim arises.

CHANGES TO TERMS AND CONDITIONS

Grupe reserves the right to change these terms and conditions from time to time. Grupe will notify you of changes to these terms and conditions by updating them on this Website and setting forth the date on which the update was made. We encourage you to retain a copy of these terms and conditions and periodically to check this Website for updates. Your use of our Website indicates your acceptance of the latest version of these terms and conditions.

CONTACTING US

If you have any questions about our terms and conditions, you may contact us by email at info@grupe.com or write us at Grupe 3255 W March lane, Suite 400 Stockton, CA 95219, ATTN: Corporate Counsel. You can call us at (877) 98-GRUPE.

PRIVACY POLICY

All information about you stored or transmitted in any way on the Site or through the use of the services on the Site is subject to our Privacy Policy.