Effective Date: 01/01/2020
Table of Contents with Hyperlink to Sections
- Usage Restrictions
- Links to Third-Party Sites
- Intellectual Property Rights
- Trademarks and Service Marks
- International Use
- Submission and Comments
- Privacy of Your Information
- Service Outages
- Product Information
- Delivery and Shipping Information
- Disclaimer of Warranty
- Limitation of Liability
- Termination of Usage
- Resolution of Disputes
- Contact Us
- No Franchise Offering
Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website. You are prohibited from leasing, selling, copying, downloading, reproducing, modifying, sublicensing, transferring, renting, leasing, owning, publishing, transmitting, transferring, distributing or assigning any information, intellectual property, goods, or services that are provided on this Website, unless you first obtain Grout Doctor’s written permission. You may not alter, modify, adapt, reverse engineer, decompile, disassemble, or hack Grout Doctor’s intellectual property. You may not alter or modify another website to falsely imply that it is associated with Grout Doctor’s Website. Any commercial use of the Website is strictly prohibited, except as expressly allowed herein or as otherwise provided by Grout Doctor. If you make use of the Website, other than as provided herein, you may violate copyright, trademark and other laws of the United States, other countries, as well as applicable state laws and you may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on this Website. You may not use or export Grout Doctor’s information, products, or services in violation of the United States export laws and regulations. You may not violate anyone else’s legal rights or any laws in the user’s jurisdiction.
You are prohibited from breaching or attempting to breach the Website’s security systems. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of this Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any of its content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Website. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of this Website, or any other systems or networks connected to this Website or to any of our servers, or to any of the services offered on or through this Website by hacking, password “mining,” or any other illegitimate or illegal means. You may not probe, scan, or test the vulnerability of this Website or any network connected to this Website, nor breach the security or authentication measures on this Website or any network connected to this Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any transaction being conducted on this Website, or with any other person’s use of this Website.
We cannot and do not guarantee or warrant that files made available for downloading through this Website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. By accessing this Website, you acknowledge and agree that it is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through this Website are free from such contamination.
Links to Third-Party Websites
This Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the companies or the contents of any linked third-party websites. We do not control nor are we responsible for the content of linked third-party websites, and Grout Doctor makes no representations regarding the contents or accuracy of materials on the linked third-party websites. If you access any linked third-party website, you do so at your own risk.
Intellectual Property Rights
All of the content you see on this Website, including, but not limited to, page headers, images, illustrations, graphics, audio, video, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Grout Doctor, one of its affiliates or by third parties who have licensed their materials to Grout Doctor. We provide the content of the Website for lawful purposes only.
The entire contents of this Website, including without limitation: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Grout Doctor, its content suppliers, affiliates, or its clients and are protected by domestic and international trade dress, patent, copyright, and trademark laws and various other intellectual property rights and unfair competition laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website contents without our prior express written consent.
Your submission of files, including without limitation to: resumes, email, Flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant us a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense, and publicly display any such submissions. You also grant us the right to utilize your name in connection with all advertising, marketing, and promotional materials related thereto. You receive no compensation for our use of any submission you make.
Trademarks and Service Marks
Below is a non-exhaustive list of trademarks and service marks owned by Grout Doctor or licensed exclusively to Grout Doctor for its use and which trademarks and services marks may be registered in the United States and other countries.
THE GROUT DOCTOR®, PRETTY TILE, UGLY GROUT®, WE CURE SICK GROUT®, TM
Absent a written license agreement, you may not use these trademarks or any other trademarks belonging to Grout Doctor or its affiliates except for descriptive purposes. All third-party trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners and are used for descriptive purposes. Mention on this Website of trademarks held by other parties should not be construed as a challenge to such trademarks’ status or ownership.
Given the global nature of the Internet, you agree to comply with all local rules and regulations, including without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
Submissions and Comments
Submissions to this Website may include suggestions or information about Grout Doctor’s products that have not been evaluated or approved by Grout Doctor. We do not endorse or approve the use of any products in any manner other than the product’s intended use as described on our packaging. You should never use our products in any manner other than for the product’s intended use as described on our packaging.
All comments feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by the Website or otherwise disclosed, submitted or offered to Grout Doctor (collectively “Comments”) shall be and remain the property of Grout Doctor, which Grout Doctor may use for any purpose and without compensation, including for commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Grout Doctor of all rights, title, and interest worldwide in all intellectual property in the Comments. We are and shall be under no obligation to maintain any Comments in confidence or to pay any compensation for any Comments.
You may not use unlawful, obscene, profane, threatening, etc. language or content in any Comment. You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or property right(s). You are and will remain solely responsible for your Comments and their content.
Privacy of Your Information
This Website may be unavailable due to periodic updates, interruptions, or unintended shutdowns. In the event this Website is unavailable, Grout Doctor will work to restore service to the Website as quickly as possible. You may report service outages by contacting Grout Doctor by telephone or email provided below.
Some of the products displayed on the Website are available only in select locations or available in limited quantities. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States.
All sales on this Website are final. Returns or exchanges are not accepted.
Delivery and Shipping Information
At this time, we do not ship to locations outside of the United States. Only orders for delivery to the United States will be processed. All orders are processed within 24 hours of the next business day on which the order was placed on the Website. Shipping rates will be calculated upon checkout.
Disclaimer of Warranty
WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE, ANY CONTENT FROM THIS WEBSITE, EMAILS SENT OR GENERATED FROM THIS WEBSITE, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM VIRUSES, ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL GROUT DOCTOR, ITS CORPORATE PARENT(S), OR AFFILIATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE.
CERTAIN STATE LAWS AND JURISDICTIONS 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. IN
NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THIS WEBSITE.
You agree to defend, indemnify and hold harmless Grout Doctor and its parent(s) and affiliates, and each of their respective officers, directors, members, managers, shareholders, employees, agents, successors, licensors, suppliers, or assigns from and against any and all losses, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to: (a) your use of the Website; (b) your violation of these Terms of Us including negligent or wrongful conduct; or (c) your posting or transmission of any materials on or through the Website.
Termination of Usage
You agree that we, in our sole discretion and without prior notice, may terminate your access to this Website for cause, which includes: (1) requests by law enforcement or other government agencies; (2) a request by you (self -initiated account deletions); (3) discontinuance or material modification of this Website or any service offered on or through this Website; or (4) unexpected technical issues or problems.
Resolution of Disputes
Resolution of any Dispute. In the event a dispute arises between you and us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our customer care department, which may be accessed by clicking on the “Contact Us” link on the side menu and you are required to attempt to first resolve your claim or dispute via our customer service line and procedures. If, however, there is an issue that is not resolved via our regular customer service procedure, the following terms describe how both of us will proceed.
Limitation on Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE THAT WE WILL ONLY SEEK ARBITRATION OF THE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. IN OTHER WORDS, YOU AGREE THAT LITIGATION IS NOT AN OPTION TO RESOLVE A DISPUTE WITH US. You and we agree that any dispute, controversy, or claim arising out of your use of this Website or its content (“Claims”) which cannot be settled by mutual agreement of the parties shall be resolved through binding arbitration with a single arbitrator.
This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator will have the power and jurisdiction to decide such controversy or dispute solely in accordance with the express provisions of these
Physical Address: 2150 South, 1300 East, Salt Lake City, UT 84106
No Class Actions or Jury Trials. To the fullest extent permitted by law, all rights to trial by jury in any action or Claim, whether at law or in equity, brought by either party. Any Claim must be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiffs or similar basis between you and us and will not be consolidated with any other arbitration or court proceeding involving us and any other party.
Arbitration Procedure. A party who seeks arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. Notice to Grout Doctor must be sent by mail to the physical address below and made to the attention of the legal department. Notice to you will be sent to the email or physical address you have provided.
Upon receipt of such notice, the other party will have sixty days in which it may satisfy the Claim by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of the sixty-day cure period without a resolution or cure, you or we may commence an arbitration proceeding.
Any Claim or dispute will be referred to the American Arbitration Association (“AAA”) in accordance with its commercial arbitration and consumer-related disputes rules in effect. These rules and procedures are available by calling the AAA or visiting its website at www.adr.org. All arbitration hearings will be conducted exclusively in Salt Lake City, Utah and the party filing the arbitration will be responsible to pay the initial filing fees. Each party will pay their own attorney’s fees and arbitration costs for any Claim that does not exceed $10,000. For Claims in excess of $10,000, the prevailing party will be awarded attorneys’ fees and costs, including reimbursement of the prevailing party’s arbitration fees, if any.
Each party agrees to limit discovery to the following limitations: each party may submit in writing to the other party a maximum of any combination (none of which may have subplots) of the following: interrogatories, demands to produce documents, and requests for admission; each party is entitled to take
the deposition of one individual of the other party. Additional discovery is only permitted upon mutual agreement by the parties.
Exception to Arbitration. Any claim or action for indemnification, contribution, interpleader, trademark infringement, or injunctive relief arising out of a Claim is not subject to arbitration.
Attn: Web Manager
Phone: 877-476-8800, Ext 713
Physical Address: 2150 South 1300 East, Suite 500, Salt Lake City, UT 84106
VOID WHERE PROHIBITED: although the information on this Website is accessible worldwide, not all products or services discussed on the Website are available to all persons or in all geographic locations or jurisdictions. Grout Doctor and its advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction as they desire, and to limit the quantities of any products or services they provide, in their sole discretion.
No Franchise Offering
The information on this Website is not intended as an offer to sell, or a solicitation of an offer to buy a franchise from Grout Doctor and should be gathered for informational purposes only. Any offer of a franchise is made by means of our Franchise Disclosure Document only.
© 2020, Grout Doctor Global Franchise Corp. All rights reserved.