Grizzly Industrial Inc. Conditions of Use
Last updated January 23rd, 2019.
Welcome to Grizzly.com. Grizzly Industrial Inc. and/or its affiliates (“Grizzly”) provide website features and other products and services to you when you visit or shop at Grizzly.com or use Grizzly products or services.
By using Grizzly Services, you agree to these conditions.
Please read them carefully.
Please review our Privacy Notice, which also governs your use of Grizzly Services, to understand our practices.
When you use any Grizzly Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Grizzly Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Grizzly or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Grizzly Service is the exclusive property of Grizzly and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Grizzly Service are trademarks or trade dress of Grizzly Industrial Inc. in the U.S. and other countries. Grizzly's trademarks and trade dress may not be used in connection with any product or service that is not Grizzly's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Grizzly. All other trademarks not owned by Grizzly that appear in any Grizzly Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Grizzly.
License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Grizzly or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Grizzly Services. This license does not include any resale or commercial use of any Grizzly Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Grizzly Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Grizzly or its licensors, suppliers, publishers, rightsholders, or other content providers. No Grizzly Service, nor any part of any Grizzly Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Grizzly. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Grizzly without express written consent. You may not use any meta tags or any other "hidden text" utilizing Grizzly's name or trademarks without the express written consent of Grizzly. You may not misuse the Grizzly Services. You may use the Grizzly Services only as permitted by law. The licenses granted by Grizzly terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Grizzly Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Grizzly does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Grizzly Services only with involvement of a parent or guardian. Grizzly reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Grizzly reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content
If you do post content or submit material, and unless we indicate otherwise, you grant Grizzly a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Grizzly and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Grizzly for all claims resulting from content you supply. Grizzly has the right but not the obligation to monitor and edit or remove any activity or content. Grizzly takes no responsibility and assumes no liability for any content posted by you or any third party.
Grizzly respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Any dispute or claim relating in any way to your use of any Grizzly Service, or to any products or services sold or distributed by Grizzly or through Grizzly.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our corporate headquarters Grizzly Industrial Inc., 1821 Valencia St. Bellingham, WA 98226 Likewise, Grizzly will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Grizzly Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Grizzly.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your use of Grizzly Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Grizzly Industrial, Inc.
P.O. Box 2069
Bellingham, WA 98227