Terms of Use

GridUnity Terms of Use

Effective Date: February 1, 2021

ACCEPTANCE OF TERMS OF USE

GridUnity, Inc. (“GridUnity”, “we”, “us” or “our”) offers the Site for your information and education. Use of and access to the Site is subject to your compliance with these Terms of Use (“Terms”), so please read these Terms carefully before using the Site. GridUnity reserves the right to limit or terminate your access to the Site if you do not comply with these Terms.

By accessing and using the Site in any way, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS, DO NOT ACCESS OR USE THE SITE IN ANY MANNER. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.

CHANGES IN TERMS

GridUnity reserves the right to modify these Terms at any time without notice to you. The applicable and most current version of the Terms can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages. Use of the Site after the effective date of a modification constitutes your acceptance of any modified Terms.

PRIVACY POLICY

We care about the privacy of our users. Our privacy policy explains how we treat your personal data and protect your privacy when you use our Site. By using our Site, you agree that GridUnity can use such data in accordance with our privacy policy.

SITE CONTENT

All content on the Site, including but not limited to text, data, information, design, graphics, pictures, video, software, music, sound and other files, and their selection and arrangement (the “Site Content”), is the proprietary property of GridUnity, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.

Except as set forth in “Other agreements; software, services or access,” below, GridUnity authorizes you to access and use the Site solely for your internal business and personal, non-commercial use. You may not copy any Site Content to or post it on any networked computer or publish it in any medium, except as explicitly permitted by valid written permission or license from GridUnity covering such materials. This limited license also does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to any Site Content.

Furthermore, in order to protect the trade secrets and proprietary know-how contained in certain Site Content, you will not decompile, disassemble, or reverse engineer any Site Content. This license is revocable at any time as to any Site Content without notice and with or without cause. The Site is protected under U.S. and international copyright laws. Any unauthorized use of the Site may violate copyright, trademark, and other laws.

NO UNLAWFUL OR PROHIBITED USE

Your use of the Site must comply with all applicable federal, state, and local laws and regulations. You will not, and will not authorize any third party to (a) access, monitor, or copy any part of the Site using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission, (b) bypass or circumvent measures employed to prevent or limit access to the Site, (c) “frame,” “mirror,” or otherwise incorporate any part of the Site into any other website without our prior written authorization, (d) rent, lease, sublicense, or provide your access to the Site to another person, (e) use the Site in a manner that threatens the integrity, performance, or availability of the Site, (f) destroy, remove, alter, or obscure any proprietary markings or notices (including copyright, trade secret, trademark, and patent notices) on or contained in any portion of the Site, (g) engage in any deceptive, misleading, or unethical practices or (h) make any warranties or performance guarantees concerning any aspect of the Site or any other research or software service from GridUnity.

TRADEMARKS

The GridUnity logo is the registered trademark of GridUnity, Inc. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by U.S. and international trademark laws.

SERVICES AND DATA

The Site Content may include online software services (“Services”) that enable you to transmit and store certain materials and information (“Data”) to GridUnity, including comments and feedback. You must not transmit or store Data via the Services unless you have all necessary rights to do so.

Except as specified in a separate agreement as described in the section titled, “Other agreements; software, services or access,” for any Data that you transmit, provide or store via the Site or Services, you (a) acknowledge that the Data is not confidential and grant GridUnity and our subsidiaries and affiliates a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Data throughout the world in any media, for any purpose, without restriction and without payment to you, (b) represent and warrant that you have the right to grant to GridUnity the license to that Data as set forth in these Terms, and (c) represent and warrant that GridUnity’s use of the Data will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for GridUnity or for third parties. You remain solely responsible for any errors or omissions in your Data and any liability arising out of your Data or GridUnity’s failure to transmit or store your Data.

In connection with your use of any Service you (i) will not, and will not authorize any third party to, transmit, provide or store any Data that GridUnity, in our sole discretion, deems inappropriate, unlawful, harmful (including without limitation viruses, corrupted data, or other harmful or destructive files), threatening, abusive, tortious, defamatory, invasive of another’s privacy, a violation of another’s intellectual property or other proprietary rights, or otherwise objectionable or inappropriate, and (ii) will conduct business in a manner that reflects favorably at all times on the good name, good will, and reputation of GridUnity.

ACCESS, ACCOUNTS, PASSWORD AND SECURITY

GridUnity does not provide you with the equipment to use the Site. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by ISPs or mobile carriers). When you register to open an account anywhere on the GridUnity Site, or when you contact GridUnity through the GridUnity Site for the purpose of receiving information, products or services, GridUnity may collect certain personal information about you. GridUnity’s use of such information is governed by the provisions of the GridUnity Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your GridUnity Site account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your GridUnity Site password and you are solely responsible for all activities that occur under your password. You agree to notify GridUnity immediately of any unauthorized use of your password or any other breach of security related to the GridUnity Site. GridUnity reserves the right to require you to change your password if GridUnity believes that your password is no longer secure. Access to the GridUnity Site granted under other separately executed agreements by GridUnity and You shall supersede the terms contained in this Section.

MODIFICATIONS TO THE SITE

GridUnity reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. GridUnity will not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Site. If we discontinue the Site or a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get your information from the Site or Service.

NO SUPPORT

Unless otherwise agreed by GridUnity in writing, GridUnity is not obligated to provide any support for the Services or any other part of the Site.

DISCLAIMERS

GridUnity is not responsible or liable in any manner for any third party content or products or services offered through, linked to or posted on the Site.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. GridUnity assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Site, except as specified in a separate agreement, as described in the section titled, “Other agreements; software, services or access.” Under no circumstances will GridUnity be responsible for any loss or damage, including any loss or damage resulting from anyone’s use of the Site, any third party content or sites linked to or posted on or through the Site, or any interactions between users of the Site, whether online or offline, except as specified in a separate agreement, as described in the section titled, “Other agreements; software, services or access.”

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• The Site and all Site Content included in the Site are provided “AS IS,” with no warranties whatsoever. GridUnity disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose.
• GridUnity makes no warranty or representation regarding (i) any Site Content, Data, third party content, product or service offered or sold through by any user or third party, (ii) the results that may be obtained from the use of the Site, (iii) the currency, accuracy, quality, content, completeness, legality, operability, availability or reliability of any information or products obtained through the Site, or (iv) the deletion, failure to store, mis-delivery, or untimely delivery of any information, products or material. GridUnity does not represent or warrant that the Site will meet any of your requirements or that it will be uninterrupted, timely, secure or error free.
• Use of the Site is at your sole risk. You will be solely responsible for any damage that results from your use of the Site.
• Your usage of the Site may be covered by a separate agreement as described in the section titled, “Other agreements; software, services or access.”

INDEMNIFICATION

You will indemnify and hold GridUnity and our subsidiaries, affiliates, officers, agents and employees harmless from any costs, damages, expenses, and liability (including reasonable attorney’s fees) caused by your use of the Site, your violation of these Terms, or your violation of any rights of a third party through use of the Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GRIDUNITY BE LIABLE TO YOU ON ACCOUNT OF (i) ANY DATA, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE, OR (iii) YOUR INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THE SITE, THESE TERMS OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GRIDUNITY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

OTHER AGREEMENTS; SOFTWARE, SERVICES OR ACCESS

GridUnity may provide products and services or access to a GridUnity site under the terms of a separate agreement between you and GridUnity (each, an “Other Agreement”). GridUnity’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any data or analyses that is made available to download from the Site (“Data”) is governed by the terms of the end user license agreement (“License Agreement”), if any, which accompanies or is included with the Data. You may not download any Data that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Data, then such Data shall be deemed to be Data hereunder and these Terms shall govern your use of such Data. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY DATA IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH DATA.

LINKING TO THIS SITE

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Absent GridUnity’s written authorization otherwise, a website that links to this Site:

1. may link to, but shall not replicate, any Materials (including any GridUnity logo);
2. shall not create a browser or border environment around any Materials;
3. shall not imply that GridUnity endorses such website or any products, services, or content available through such website;
4. shall not misrepresent its relationship with GridUnity;
5. shall not present false or misleading information about GridUnity, its products, or its services;
6. shall not contain content that could be construed as distasteful, offensive, or controversial; and
7. shall contain only content that is appropriate for all age groups.

WAIVER AND SEVERABILITY OF TERMS

The failure of GridUnity to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by GridUnity. If any provision of these Terms 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 these Terms remain in full force and effect.

FORWARD-LOOKING STATEMENTS

The information on this Site contains forward-looking statements about our business and prospects, such as statements concerning our ability to market, commercialize, and achieve market acceptance for our software services. Such statements are based on management’s current expectations and are subject to a number of risks, factors and uncertainties that may cause actual results, events and performance to differ materially from those referred to in the forward-looking statements. Consequently, no forward-looking statement can be guaranteed, and actual results may vary materially.

ENTIRE AGREEMENT

Unless your usage is covered under a separate agreement as described in the section titled, “Other agreements; software, services or access,” these Terms are the entire agreement between you and GridUnity regarding your use of the Site.

CONTACTING GRIDUNITY

If you have any questions or concerns about these Terms or the Site, you can find information on how to contact us on our contact page.