Terms and Conditions
This is a legally binding agreement which governs your relationship with the Company and may limit one or more of your substantial rights. Please read these Terms and Conditions carefully before using any GoodNews Media Works LLC d/b/a Grants Works or Grants Works Academy Services.
Use of the Services, including purchasing and/or participating in a Program or accessing any materials presented by the Company, is subject to the following Terms. These Terms apply to all participants and all other users of the site. By purchasing or participating in a Company Program, accessing Company Materials, checking the box during the checkout process, or using the Site or Service, you agree to these Terms in full, including as they are amended from time to time, and acknowledge reading them.
If you do not understand or do not accept the Terms, please do not purchase this Program and do not access any of the Company’s proprietary materials, as doing so constitutes your full acceptance and understanding.
“Company”, “we”, “us”, and “our” refer to GoodNews Media Works LLC d/b/a Grants Works or Grants Works Academy for the purposes of these Terms.
“Company Affiliates” refers specifically to Grants Works or Grants Works Academy.
“Participant”, “Participant” “user,” “you”, and “your” refer to Participants, Participant team members (including employees, contractors and other representatives of Participant and Participant’s company) and any other users of the site.
“Materials” includes any content, whether conveyed by written, audio, digital, visual, or other means, containing Company or Program proprietary and/or confidential information, including merchandise.
“Program” any course, seminar, retreat, session, class, event, or other offering by the Company.
“Service” or “Services” refer to the services included in the designated Program. For example, Grants Works Academy Services refers specifically to those services provided pursuant to the FGS Membership as set forth in these terms.
“Site” refers to grantsworksacademy.com, as well as any official Company social media account to the extent that the content on such account is from the Company.
“Terms” means these Terms and Conditions as they are amended from time to time.
- Company Programs and Services
PLEASE BE ADVISED: While the company will make all reasonable attempts to staff Company Programs according to participant’s expectations, THE COMPANY MAKES NO GUARANTEE TO STAFF ANY PARTICULAR TEAM MEMBER FOR ANY EVENT OR PROGRAM. THE COMPANY RESERVES THE RIGHT TO MAKE ALL STAFFING AND PERSONNEL DECISIONS PURSUANT TO THE COMPANY’S OWN DISCRETION AND THE AVAILABILITY AND CAPACITY OF ITS TEAM MEMBERS.
Federal Grants Simplified Membership - Annual
FGS Term -
FGS Membership is an annual subscription membership. The initial annual membership term lasts one year (365 days) beginning on the day User first has access Member Services.
FGS Membership Services - Annual
FGS Membership includes access and/or admittance to the following:
· Access to courses and resources in the Federal Grants Simplified Member site including Federal Grants Management Training Series (3 modules), How to Apply For and Manage Federal Grants, Your Shortcut to Finding Government Grants: Local, State and Federal, and Let’s Get Grant Ready: Your Custom Roadmap to Grant Success
· One 45-minute consulting session with Patrice Davis
· One federal grants hot topics online summit per quarter
· Access to the FGS Membership community platform
· Access to customizable policies and procedures available at an additional cost
· Ability to purchase additional consulting sessions
In consideration for the Grants Works Academy Services provided, you pay us pursuant to the following plan:
Grants Works Academy – Single Course Payment and Pricing
In consideration for the Grants Works Academy Services provided, you pay us pursuant to the following pricing:
1:1 Consulting Sessions
1:1 Consulting Sessions - Term
Available on a one-off basis unless additional consulting sessions are purchased
1:1 Consulting Sessions
Under its annual membership program, Grants Works offers one 1:1 consulting session within the 12-month subscription and requires that you schedule your session in the first six months of membership. YOU UNDERSTAND THAT 1:1 CONSULTING SESSIONS WILL NOT ACCRUE OR CARRY OVER. This means, for example, that if you purchase an annual subscription which includes a one-time consulting session and do not utilize this service for the first six months of your subscription, then you will lose the opportunity for your 1:1 consulting session. In extenuating circumstances, Grants Works may, according to its sole discretion, agree to carry over a consulting session. If you believe you are in such a situation, please contact us at [email protected].
1:1 Consulting Sessions
Rescheduling 1:1 consulting sessions is subject to the following provisions:
1:1 Consulting Sessions
You are granted a 1:1 consulting session as part of your membership. However, if you elect to schedule additional consulting sessions, you will be required to pay a fee of USD $295.00/ session.
From time to time, the Company may offer a bonus or special promotion to new subscribers. Any offer to provide company services or resources are subject to the same terms and conditions set forth elsewhere in this Agreement. Subscriber shall have access to the bonus resources for the duration of their membership, unless otherwise advised (such as 1:1 consulting sessions that may expire if unused). UNLESS OTHERWISE STATED IN THE OFFER, ALL BONUS OFFERS ARE ONE-TIME OFFERS FOR NEW SUBSCRIBERS. NO RETURNING OR RE-ENROLLING CUSTOMER IS ELIGIBLE TO RECEIVE ANY BONUS OFFER.
Grants Works may periodically offer Stand Alone Events such as seminars, classes, sessions, or other Programs to the public, as well as to Federal Grants Simplified members, and other customers. Grants Works makes no guarantees regarding the specific content of or staffing for such Stand-Alone Events but shall make a good faith effort to display the content described upon sign-up for the Event. Admittance to Stand Alone Events will cost the amount set forth upon the advertisement for such event, and Grants Works will issue no refunds. All ticket sales will be final.
GENERAL PROGRAM TERMS
Unless otherwise indicated, you may only access the Program Services while you are a current and paying member of the given Program.
Grants Works only has the power to provide access to its services and opportunities to participate. If User fails to attend, utilize, or access the Services, User remains responsible for all payments incurred by User’s subscription.
Grants Works may alter or substitute non-material details to a Program from time to time pursuant to its own discretion. Such alterations may include minor subject matter and personnel modifications.
- Additional Events
Additional terms and conditions may apply to purchases of other specific Services or Program we offer, including contests, promotions, seminars, events, or other similar occasions, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific Service, the latter terms shall control with respect to your use of that Service.
We may make changes to a Service offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site and Services, and they are incorporated in these Terms by this reference:
- Grants Works Academy and FGS Membership Community Guidelines
- Specific Programs Offers. For example, Federal Grants Simplified Bootcamp
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site. By accessing the Site and/or using the Services, You agree that You have read and agree to abide by these additional terms.
- Participant Responsibilities
You understand that your failure to meet the requirements set forth in this section will likely impair your ability to access, participate, and benefit from the Program(s) at no fault of Grants Works.
Tools to be Provided by You. You understand and agree that your participation in the Program(s) will require you to have access to certain tools, including access to the internet, a computer, and cellular device. You further understand that you may be required to provide information and documentation to Grants Works that may be required by us to effectively perform responsibilities in connection with the Services.
Technological Skills. You understand and agree that Grants Works is a modern institution and that basic technological aptitude is necessary to interact with the Company and to access and participate in the Program(s). Such aptitude includes the ability to access the internet, download documents, access and navigate social media and email, and access and navigate remote communication platforms.
Participation Effort. You understand that your success in the program is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own professional development on your own time during the term of Services. You are responsible for requesting support from us, if needed.
- General Payment Terms.
Payment Date. All payments are to be remitted at the time of subscription or over two installments. If the two-installment option is selected, the next payment will be charged on the 5th business day of the following month.
Late payment fee. If any fee outlined in this Agreement remains unpaid after the third calendar day following its due date, Grants Works reserves the right to assess a penalty fee of ten percent (10%) of the payment due at its own discretion. We reserve the right to restrict your access to the Services or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 30 days after the initial due date, your account will be referred to a collections agency.
Financing. In select cases, Grants Works may offer financing through a third-party provider. If you receive financing through such third party, you will be subject to its terms and conditions. Grants Works will not be liable for any loss or damage to you that arises out of or results from an action by the third party.
In all cases, Grants Works reserves the right to cancel your subscription and/or demand payment of the total balance if you fail to make any payment within 5 business days of such payment’s due date.
Payment Security and Chargebacks. To the extent that Participant provides Company with Credit Card(s) information for payment on Participant’s account, Company shall be authorized to charge Participant’s Credit Card(s) for any unpaid charges on the dates set forth. If Participant uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Participant shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Participant is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Participant shall not change any of the credit card information provided to Company without notifying Company in advance.
- Auto Renewal; Termination; Cancellation; and Refunds
NO REFUNDS. Grants Works will issue NO REFUNDS under any circumstances for your cancellation of your ongoing subscriptions in a Program. You may elect to cease participation in the Program(s) and/or cancel your subscription; however, please note that if you selected to pay for a Program through an installment payment plan, you will remain obligated to pay all remaining unpaid and owed program fees in full.
Grants Works Initiated Cancellation. Grants Works may cancel your Program membership at any time for any reason by providing written notice to you. If we cancel your membership, we will provide a prorated refund of program fees to be calculated based on the time left in the program. Notwithstanding our obligation to refund prorated program fees in the event of our cancellation of your membership, no other partial or full refunds will be given to Participant for any reason on any date. Neither Participant’s cancellation, nor Participant’s failure to effectively participate in the program, are grounds for a refund.
PLEASE NOTE THAT GRANTS WORKS’ CANCELLATION OF THE PROGRAM DUE TO UNFORESEEN CIRCUMSTANCES WILL BE HANDLED PURSUANT TO THE FORCE MAJEURE CLAUSE AND NOT PURSUANT TO THIS SECTION. GRANTS WORKS WILL NOT ISSUE A REFUND FOR A FORCE MAJEURE EVENT.
Your membership will not automatically renew upon the end of the term for an additional one-year term. To keep your membership, email [email protected] with your request to retain your membership. Once your membership is canceled, you may be prohibited from rejoining the Program for a period of 12 months from the date of cancellation.
- No Discrimination.
The Grants Works’ team is a diverse group of consultants, grant researchers, and other staff. You attest that you welcome the opportunity to receive services and/or directed from a diverse team.
- Photo and Video Release
By participating in any Program, You understand that portions of such program may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. You agree that the Company and its assigns have the right and permission to use such recordings and photographs for any purpose without further compensation, permission, or notification to You.
- In-Person Events
Unless expressly stated otherwise in the registration for the specific Program, all Programs must be attended in person and will not be livestreamed. You are required to make your own travel arrangements to the events and must comply with the Company’s Covid-19 Policy.
We reserve the right to request certain documentation from you for in-person Programs, including the following:
- Proof of travel insurance.
- A copy of your airline ticket; and
- Emergency contact and medical information.
- YOU UNDERSTAND THAT THE COMPANY RESERVES THE RIGHT TO CANCEL YOUR PARTICIPATION IN A PROGRAM IF YOU FAIL TO COMPLY WITH THIS REQUEST.
- Program Alterations
Company reserves the right to make reasonable alterations to a Program. Such alterations may include but are not limited to: replacing activities as necessary to maintain the safety of participants and the integrity of the select Program experience. You understand that the schedules, itineraries, amenities or element of an in-person Program may be subject to alteration without prior notice due to local circumstances, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather, and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
The term of this Agreement shall begin on the date of first payment for the Services and continue until the one-year anniversary of your membership if you selected the FGS Membership offer.
- No Guarantees
We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 2 and 3 shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.
- No Legal Services and No Attorney-Participant Relationship
You understand that enrollment and participation in the Services does not amount to an Attorney-Participant relationship between you and us, our employees, or contractors, unless we enter into a separate written agreement with you for legal services. You understand that, with respect to the Services, Company’s founder, employees and contractors are not acting in their capacity as attorneys and no statements or information made by Company’s founder, employees and contractors shall be construed as legal advice. You further understand that, although legal information may be communicated to you during the Services, such information is not legal advice. Your reliance on such legal information is at your own risk.
(a) Participant Information: Any of your information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing you with the services specified hereunder without your express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Participant’s Confidential Information.
(b) Other Participant Information: Participant agrees to keep confidential any Confidential Information, as defined in Paragraph 13(a), shared by fellow participants in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Participant agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Participant agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Participant will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Company Information: Participant agrees to keep confidential any Confidential Information, as defined in Paragraph 13(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Participant agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Participant agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Participant will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(e) Violations of Confidentiality: Participant agrees that if Participant violates or displays any likelihood of violating this paragraph 7 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
- Independent Contractors
(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venture with the Participant for any purpose. Company is and will remain an independent contractor in its relationship to the Participant. Company is or remains open to conducting similar tasks or activities for entities other than the Participant and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company shall be responsible to the ownership and management of the Participant, but Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Participant for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for the Participant shall be considered a suggestion only, not an instruction. Company and Participant agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Participant and Company.
(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Participant shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Participant for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
- Ownership of Intellectual Property
Participant agrees that the Program contains proprietary content that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws (“Intellectual Property”). Company retains the sole right to use, reproduce, and distribute Intellectual Property throughout the world in any and all mediums. Company grants Participant a license to use the Intellectual Property solely for Participant’s own noncommercial purposes. Participant agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Participant agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Participant may not use such trademarks or service marks for any purpose except with written permission by Company.
- Representations and Warranties
(a) Company’s Warranties: Company represents, warrants, and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, THE COMPANY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
(b) Participant’s Warranties: Participant represents, warrants and covenants that Participant has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Participant’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
- LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO PARTICIPANT OR PARTICIPANT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO PARTICIPANT EXCEED THE FEES PAID BY PARTICIPANT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 18 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER.
(d) PARTICIPANT WAIVES, RELEASES, AND DISCHARGES THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, FROM ANY LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE PERSONS RELEASED, FOR ANY DEATH, DISABILITY, ILLNESS, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY LOSS, OR ACTIONS OF ANY KIND WHICH MAY OCCUR TO PARTICIPANT DURING A PROGRAM. PARTICIPANT INDEMNIFIES, HOLDS HARMLESS, AND PROMISES NOT TO SUE THE COMPANY OR RELEASED PERSONS FROM ALL LIABILITIES OR CLAIMS MADE BECAUSE OF PARTICIPATION IN A PROGRAM, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE.
(e) PARTICIPANT ATTESTS THAT HE OR SHE IS VOLUNTARILY PARTICIPATING IN ALL THE ACTIVITIES WHICH MAY BE INVOLVED IN AND RELATED TO A PROGRAM. PARTICIPANT FURTHER ACKNOWLEDGES THAT THE SERVICES PROVIDED AT A PROGRAM, AS WELL AS CERTAIN OPTIONAL ACTIVITIES OFFERED BY ASSOCIATED VENUES, MAY BE INHERENTLY DANGEROUS OR CARRY SOME INHERENT RISK. YOU REPRESENT THAT YOU HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH ABILITY, AND EXPERIENCE TO PARTICIPATE IN ANY PROGRAM ACTIVITY AND WILL NOT PARTICIPATE IN ANY ACTIVITY WHERE YOU DO NOT BELIEVE YOURSELF TO HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH, ABILITY, AND EXPERIENCE TO SAFELY PARTICIPATE.
YOU UNDERSTAND THAT, WHILE REASONABLE PRECAUTIONS HAVE BEEN TAKEN TO PROMOTE SAFETY, NOT EVERY SITUATION CAN BE CONTROLLED. THEREFORE, YOU EXPRESSLY ASSUME ANY AND ALL OF THE RISKS OF PARTICIPATING IN A PROGRAM AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE COMPANY OR ANY PARTY OR ENTITY CONDUCTING A SPECIFIC EVENT OR ACTIVITY ON BEHALF OF COMPANY AND RELEASE THOSE PARTIES FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF YOUR ATTENDANCE AND PARTICIPATION IN A PROGRAM. UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR YOUR INJURY, ILLNESS, DEATH, OR ANY LOSS OR DAMAGE TO YOUR PERSONAL BELONGINGS RESULTING FROM YOUR PARTICIPATION IN A PROGRAM.
(f) SHOULD YOU REQUIRE EMERGENCY MEDICAL TREATMENT AS A RESULT OF AN ACCIDENT OR ILLNESS ARISING DURING YOUR ATTENDANCE AND PARTICIPATION IN A PROGRAM, YOU CONSENT TO SUCH TREATMENT AND AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY MEDICAL OR LEGAL BILLS THAT MAY BE INCURRED AS A RESULT OF EMERGENCY MEDICAL TREATMENT. YOU AGREE THAT IF YOU HAVE ANY MEDICAL OR PSYCHOLOGICAL CONDITIONS THAT MAY HAMPER YOU FROM FULLY AND HEALTHFULLY PARTICIPATING IN A PROGRAM ACTIVITY COMPANY RETAINS THE RIGHT TO ASK THAT YOU NOT PARTICIPATE IN SUCH ACTIVITY AND WILL HAVE NO OBLIGATION TO MAKE AND FULL OR PARTIAL REFUND FOR THE PROGRAM.
(g) YOU UNDERSTAND THAT FROM TIME TO TIME, THE COMPANY MAY PARTNER WITH A THIRD PARTY TO PERFORM THE SERVICES AND CONDUCT CERTAIN PROGRAMS. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO YOU FOR ANY HARM TO YOU OR YOUR PROPERTY AS A RESULT OF THE CONDUCT OF SUCH THIRD-PARTY.
- Effect of Headings
The subject headings in these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
- Entire Agreement; Waiver
These Terms constitute the entire agreement between the parties pertaining to the subject matter contained and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
- Neutral Construction
These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
We reserve the right to update or amend any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. It is your responsibility to check these Terms periodically for changes.
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Participant may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Participant. No such assignment by Participant to its wholly owned subsidiary shall relieve Participant of any of its obligations or duties under these Terms and Conditions.
Unless otherwise indicated, all notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
GNMW LLC d/b/a Grants Works
1100 Peachtree Street, NE
Atlanta, GA 30309
To Participant at Participant’s address provided at the time of purchase.
Any party may change its address for the purposes of this paragraph by giving the other parties written notice of the new address.
- Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Georgia as applied to contracts that are executed and performed entirely in Georgia. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be DeKalb County, Georgia. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation, which may include going before a certified mediator or the parties are unable to first negotiate a settlement without such assistance. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
- Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
23. Force Majeure. We shall not be liable for any costs or damages due to any delay or nonperformance of an obligation under this Agreement arising out of extraordinary events beyond our control, including acts of God, natural disaster, war, governmental action, outbreak or pandemic, civil unrest, gas, oil, or fuel shortage, or power failure.
Questions about these Terms and Conditions? Email us [email protected].
Published: December 19, 2022