Terms & Conditions
Last updated November 1, 2011
Welcome to www.ShopGrandway.com. The following terms and conditions govern your use of the Site (the "Agreement").
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For your protection, we encourage you to review the Agreement whenever you use this site. If you do not agree to our terms, please do not use or purchase from the Site. Your feedback is always welcome if you see a problem.
We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Failure to provide us with accurate information will result in breach of this agreement and terms.
Accuracy of Information
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, information may occasionally be inaccurate, incomplete or out of date. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Unless otherwise excepted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Grandway Honduras, LLC and cannot be used or reprinted without written permission from Grandway. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site without written consent from Grandway.
Linking to this Website
Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Grandway, whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Grandway’s property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Granway of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Grandway shall not be limited in any way in its use, commercial or otherwise, of any Comments. Grandway is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Grandway has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Grandway or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Grandway takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Revisions to these Terms and Conditions
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Certain products may have limited quantities and are subject to return or exchange only through this Site according to Grandway’s return policy.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
The Site may contain links to other Web sites that are not under the control of Grandway. Grandway has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site's users. Some links may be for advertising purposes.
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Grandway expressly disclaims any duty to update or revise the materials on the Site, although Grandway may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Grandway shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold Grandway harmless from and against any and all claims, damages, costs, use of product and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement or any of the products.
Both parties agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Grandway. at: Grandway Legal Department, Attn: General Counsel, 12218 South Lone Peak Parkway, Suite 101, Draper, Utah 84020, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Grandway agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Utah, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Utah, County of Utah. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Grandway' right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or Grandway. You may terminate this Agreement at any time. Grandway also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.