BMX Grub

Terms of Service.
This "Agreement" is entered into by "you" and "Grub", LLC, regarding your use of the Grub "Service". By using the Service, you are entering into this Agreement and indicating that you agree to be bound by these terms & conditions. If you do not agree with these terms & conditions, you may not use the Service. All guidelines & rules are incorporated by reference into this Agreement. Unless explicitly stated otherwise, new features that enhance the current Service, including the release of new Grub properties, shall be subject to the Agreement.

The Grub Service, and all materials, information, products and services included in the service are provided "as is," with no warranties whatsoever. Grub disclaims any warranties regarding the security, reliability, timeliness, and performance of the service. Grub disclaims any warranties for services or goods received through or advertised on the service or received through any links provided by the service, as well as for any information or advice received through any links provided in the service. Without limiting the foregoing, under no circumstances shall Grub be held liable for any delay or failure in performance resulting directly or indirectly from acts including but not limited to nature, Internet failures, computer equipment failures, power failures, labor disputes, civil disturbances, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.

Priority.
This Agreement sets forth the terms and conditions under which Grub makes the Service available to you. In the event of an inconsistency between this Agreement and Grub's Privacy Policy, this Agreement shall control.

Rights Associated with the Service.
The Service is designed to help you find news information that resides on both Grub and on sites not owned or controlled by Grub. In particular, the Service provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story that appears to be interesting, you will be linked to either a Grub page that contains the full story or to the news site on which that story appears. Grub owns and retains all intellectual property rights to the Service; but Grub does not claim ownership rights to the full news stories, which are instead held by the sites to which the Service links or other third party providers. The news stories displayed as results, or linked to, by the Service are developed by people over whom Grub exercises no control.

Grub does not screen the sites before including them in the Service from which such automated search results are gathered. As a result, the Service may display results and links to sites that some people find objectionable, inappropriate, or offensive. We do not guarantee that a Grub page will not include unintended or objectionable content. Grub assumes no responsibility or liability under any circumstances for the content of any site included in any search results or otherwise linked to by the Service.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Grub and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Use of the Service.
"Service Use". You may only display the content of the Service for your own personal use including no commercial use, and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. You may not use the Service to sell a product or service, increase traffic to your Web site for commercial reasons such as advertising sales, or take any portion of the results from the Service and reformat and display them. 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.

You acknowledge, consent and agree that Grub has the right to access, preserve and disclose your Service Use information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property or personal safety of Grub, its users and the public. Further, Grub reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion. You agree that Grub has no responsibility or liability for the maintained or transmitted by the Service.

Content.
"Content", is all data, information, text, software, audio, video, images, or other materials, whether publicly posted or privately transmitted. You understand that Grub does not monitor or control the content of information, and instead simply provides a service by allowing users to access information that has been made available. Grub does not guarantee the accuracy, integrity or quality of such Content. You acknowledge by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Grub be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that Grub may or may not pre-screen Content, but Grub shall have the right in their sole discretion to pre-screen, refuse, or move any Content for any reason. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Grub or submitted to Grub. You understand that the technical processing and transmission of the Service, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

If content is found to be illegally presented, claimed by another, or forged, Grub may remove such material at Grub's sole discretion. Grub disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by using the Service. Grub disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including without limitation any User Editor content and any other user generated content. Grub disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Service.

Grub consist of information that has been identified and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Grub cannot and does not screen anything made available through its indices. For each web site reflected in Grub's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Grub would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.

Modifications of Terms.
Grub shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your periodic review more convenient, we will post a date at the bottom of this page.

Intellectual Property.
Grub respects the intellectual property rights of others and endeavors to comply with all applicable US laws regarding intellectual property. Accordingly, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. To the extent Grub is able to identify persons who are responsible for repeat postings of material in violation of copyright law, Grub reserves the right to terminate accounts of such repeat infringers. Further, Grub's policy is to provide attribution for the content available on the Service by linking to the source of the content.

Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Grub and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.

Indemnity.
You agree to hold harmless and indemnify Grub, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including without limitation any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content. The foregoing includes, without limitation, indemnity for 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.

Trademark Compliance.
As a provider of space for advertisements and Content, please note that Grub is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the ad text that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers because the advertisers may have similar advertisements on other sites. We do not take action on objections to the use of trademarks in site to which we link.

Privacy Policy.
Grub respects and protects the privacy of the individuals that use "Grub Services". Individually identifiable information about you is not willfully disclosed to any third party without first receiving your permission or as explained in this "Privacy Policy".

Information Collected and Shared.
Grub notes and saves information such as time of day, device type, browser language, and IP address with each query. That information is used to verify our records and to provide more relevant services to users. For example, Grub may use your IP address or browser language to determine which language to use when showing search results or advertisements. Grub may share information about you with advertisers, business partners, sponsors, and other third parties. For example, we may disclose how frequently the average Grub user uses Grub. Please be aware that Grub reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.

Links to Other Sites.
The stories/sites displayed and/or linked to by the Grub Service are developed by people over whom Grub exercises no control. Other links are also on sites not controlled by Grub. These other sites may send their own cookies to users, collect data, or solicit personal information. Grub encourages you to read the privacy policy of all web sites you visit. Grub may choose to exhibit its results in the form of a "URL redirecter." When Grub uses a URL redirecter, if you click on a URL on a Grub page, information about the click is sent to Grub, and Grub in turn sends you to the site you clicked on. Grub uses this URL information to understand and improve the quality of Grub's technology.

Third Party Advertising.
Grub uses third-party advertising companies to serve ads when you use our Service. These companies may use information about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

Your Consent and Changes.
By using the Grub Services, you consent to the collection and use of your information as we have outlined in this policy and to our Terms of Service Policy. Grub may decide to change this Privacy Policy from time to time. When we do, we will post those changes on this page so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Grub's failure to act with respect to a breach by you or others does not waive Grub's right to act with respect to subsequent or similar breaches. The failure of Grub to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

Date last modified: April 2, 2009