Introduction

The Grant Monument Association (GMA) provides this website for visitors’ personal informational, educational, and entertainment use. These terms of use governing access to and use of this website should be read carefully before using the website. Within these terms of use, “we” and “our” refer to the GMA, and “you” and “your” refer to any individual, company, or legal entity that accesses or otherwise uses this website (grantstomb.org).

Acceptance of the Terms of Use

By using the website, you agree to be legally bound by these terms of use and you agree to the processing of your personal data in accordance with our privacy policy [provide link]. If you do not agree with these terms of use or our privacy policy, you should not use the website.

Modifications

These terms of use may be amended by the GMA, in its sole discretion, at any time without notice to you. Amendments to the terms of use shall be effective upon posting. By continuing to access or use this website, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. The GMA reserves the right to discontinue or make changes or updates with respect to the website or its content at any time without notice.

Revisions and Errata

The content appearing on this website may include technical, typographical, or photographic errors. We do not warrant that all of the content on the website is complete or current. We may make changes to the website content at any time without notice. We do not, however, make any commitment to update the content.

Your Obligations

Materials displayed on this website is intended for reference use only. The GMA grants permission to download the materials (information or software) on this website for personal, noncommercial viewing only.  If you download Material, you must retain all copyright and other proprietary notices displayed on the Materials. This is the grant of a license, not a transfer of title. Under this license you may not:

• sell, distribute, modify, reproduce, or otherwise use the content of this website for public or commercial purposes without the GMA’s written permission.
• Use or access the website for any fraudulent or unlawful purpose.
• Transmit or otherwise make available in connection with the website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program.
• Attempt to decompile or reverse-engineer any software contained on the website.
• Restrict or inhibit the ability of any other person to access or use the website.
• Remove, obscure, or modify any copyright, trademark, or other proprietary notations on the website.

If you violate any of these terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.

Links

From time to time, the website may include links to third-party websites. These links are provided for your convenience only and do not signify that we endorse such third-party websites. We do not review such third-party websites. In accessing them, you acknowledge and agree that:

• We are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability.

• We make no representation, warranty, or condition, either express or implied, in relation to any goods or services or information received from such websites.

• You access any such website entirely at your own risk.

The GMA recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

Legal Disclaimers

Except as expressly provided in these terms of use, this website is made available to you on an “as is” basis.  We disclaim and do not accept any liability to you with respect to the website, your use of it, or otherwise. It is your responsibility to ensure that the website is suitable for your intended purposes. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose, and noninfringement of intellectual property or other violation of rights.

We give no warranty:

• That access to the website will be uninterrupted or error-free;

• That the website and/or the computer server from which the website is made available are free of viruses or other harmful components; or
• As to the accuracy, content, timeliness, completeness, reliability, quality, or suitability of any content contained in or delivered via the website or otherwise made available in connection with the website.

You also acknowledge and agree that the operation of the website is dependent on the proper and effective functioning of the Internet and other third-party equipment and services, and that we do not guarantee and will not be liable for these in any way.

We will not be liable to you for any special, indirect, or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST THE GRANT MONUMENT ASSOCIATION AND ITS AFFILIATES AND THEIR OFFICERS, TRUSTEES, EMPLOYEES, SUPPLIERS, AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS WEBSITE.

Indemnification and Release

You agree to indemnify, defend, and hold harmless the GMA and its affiliates against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to:

• Your use of or conduct on the website
• Any activity related to use of the website by you
• Any message or material that you submit to, post on, or transmit through the website
• Your violation of these terms of use
• Your infringement or violation of any rights of another
• Termination of your access to the website

If you have a dispute with one or more users, you release the GMA and its affiliates from claims, demands, or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Intellectual Property Rights

The intellectual property rights in this website and copyright in all material stored, displayed, and accessible on the website are either owned by us or duly licensed by third parties. All such rights are reserved.

Governing Law

These terms of use and any dispute or claim arising out of or in connection with these terms of use or their subject matter (including noncontractual disputes or claims) are subject to the laws of the State of New York without regard to its conflict of law provisions.

Severability

If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

No Waiver

The failure of the GMA and its affiliates to enforce any part of these terms of use shall not constitute a waiver of such term or provision and shall not be considered a waiver or limit of the GMA’s right thereafter to insist on strict adherence to that term or any other provision of these terms of use.

Terms of Use Effective Date: February 14, 2019