GrinnellPlans Terms of Service

Last created Feb 11, 2007 (version 3)

Last updated June 1, 2007 (Version 3.1)


Welcome to GrinnellPlans. In order to protect ourselves from legal liability and secure your rights, this document is intended to outline our obligations to one another. Therefore, in order to use GrinnellPlans (“GP”), you must read and agree to these Terms of Service and the following terms, conditions, and policies, including any future amendments.


Although GP may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.grinnellplans.com/tos). GP may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use GrinnellPlans. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


1. Description of Service. GrinnellPlans is a web publishing service. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. GP disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. GP also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.


You must be at least sixteen (16) years of age to use the Service. GP reserves the right to refuse service to anyone at any time without notice for any reason.


2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.


Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. GP reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.


Much of the content on GrinnellPlans.com -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. GP does NOT monitor the content on GrinnellPlans.com and takes no responsibility for such content. Instead, GP merely PROVIDES ACCESS to such content as a service to you.


Subsequently, GrinnellPlans.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using GrinnellPlans.com.


GP does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the service or endorse any opinions expressed via this service. You acknowledge that any reliance on material posted via the Service will be at your own risk.


3. Privacy. You agree that GrinnellPlans may access or disclose your personal information, including the content of your communications, if GrinnellPlans is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by GP may be stored and processed in the United States or any other country in which GrinnellPlans or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.


4. General Practices Regarding Use and Storage. You agree that GrinnellPlans IS NOT RESPONSIBLE OR LIABLE for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. GP retains the right to create limits on use and storage at our sole discretion at any time with or without notice.


5. Content of the Service. GrinnellPlans takes NO RESPONSIBILITY FOR THIRD-PARTY CONTENT (including, without limitation, any viruses or other disabling features), nor does GrinnellPlans have any obligation to monitor such third-party content. GrinnellPlans reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. GrinnellPlans also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of GrinnellPlans, its users and the public. GrinnellPlans will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.


6. Intellectual Property Rights. GrinnellPlans's Intellectual Property Rights. You acknowledge that GrinnellPlans owns all right, title and interest in and to the Service, including all intellectual property rights. GrinnellPlans' Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, GrinnellPlans' Rights do NOT include third-party content used as part of the Service, including the content of communications appearing on the Service.


Your Intellectual Property Rights. GrinnellPlans claims no ownership or control over any Content submitted, posted or displayed by you on or through GrinnellPlans services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through GrinnellPlans services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through GrinnellPlans services which are intended to be available to the members of the public, you grant GrinnellPlans a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on GrinnellPlans' services for the purpose of displaying and distributing GrinnellPlans services. GP furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.


You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.


You may choose to submit, post, and display any materials on or through GrinnellPlans under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such. For avoidance of doubt, GrinnellPlans is not a party to any such public license between you and any third party. Also, for avoidance of doubt, GrinnellPlans may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.


7. No Resale of the Service. Unless expressly authorized in writing by GrinnellPlans, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.


8. Publicity. Any use of GrinnellPlans's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement.


9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to GrinnellPlans to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.


10. Termination; Suspension. GrinnellPlans may, IN ITS SOLE DISCRETION, AT ANY TIME AND FOR ANY REASON, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.


11. Indemnification. You agree to hold harmless and indemnify GrinnellPlans, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, GrinnellPlans will provide you with written notice of such claim, suit or action.


12. Entire Agreement. This Agreement constitutes the entire agreement between you and GrinnellPlans and governs your use of the Service, superseding any prior agreements between you and GrinnellPlans. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GrinnellPlans services, affiliate services, third-party content or third-party software.


13. Waiver and Severability of Terms. The failure of GrinnellPlans to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.


14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of GrinnellPlans services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.


15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of Hawai`i, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the City and County of Honolulu, Hawai`i, and you consent to the jurisdiction of such courts.


16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, consult Appendix A: Digital Millennium Copyright Act.


++++ --


Appendix A: Digital Millennium Copyright Act.


It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to GrinnellPlans as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.


Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.


Infringement Notification:


To file a notice of infringement with us, you must provide a written communication (by regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. If you are uncertain whether material available online infringes your copyright, consult your attorney.


To expedite our ability to process your request, please use the following format (including section numbers):


1.Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This post must include identification of the specific posts, as opposed to entire sites. Posts must be referenced by the permalink of the post. For example, “The copyrighted work at issue is the text that appears on http://johndoe.com/test/2006_01_01.html#2106.


2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.


YOU MUST IDENTIFY EACH POST BY PERMALINK OR DATE THAT ALLEGEDLY CONTAINS THE INFRINGING MATERIAL. The permalink for a post is usually found by clicking on the timestamp of the post. For example, “The blog where my copyrighted work is published on is http://copyright.grinnellplans.com/archives/2006_01_02_example.html.”


3. Provide information reasonably sufficient to permit GrinnellPlans to contact you (email address is preferred).


4. Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.".


5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."


6. Sign the paper.


Please note that a copy of each legal notice we receive is sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. A link to your published letter may be displayed in GrinnellPlans's search results in place of the removed content.


Counter Notification


The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.


To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, consult your attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.


To expedite our ability to process your counter notification, please use the following format (including section numbers):


1. Identify the specific URLs or other unique identifying information of material that GrinnellPlans has removed or to which GrinnellPlans has disabled access.


2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the City and County of Honolulu, Hawaii if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.


3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."


4. Sign the paper.


GrinnellPlans will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact GrinnellPlans's DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.