Terms of Service

Updated: 05.06.12

Welcome to theGrindLab Network, an online social utility created to help connect and inspire independent artists through awareness, introspection, individual empowerment and a commitment to dialogue.

By using or accessing theGrindLab Network, you agree that you have read, understand and are bound by these Terms of Service ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of theGrindLab Network after any such changes constitutes your acceptance of the new Terms.

Privacy
We care about the privacy of our users and encourage you to read our Privacy Policy.

Eligibility
You may not use theGrindLab Network if you are under 13. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use theGrindLab Network. If you are required to register as a sex offender in any jurisdiction, you may not use theGrindLab Network.

Registration; Account Security
When you register for and use theGrindLab Network, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited Conduct
By using or accessing theGrindLab Network, you represent, warrant and agree that you will not:

• create or use any offensive words or terms in profile shortcuts;
• do anything that could disable, overburden or impair the proper working of theGrindLab Network;
• use any robot, spider, scraper or other automated means to access theGrindLab Network;
• send spam or any other unauthorized advertisements or solicitations through or using theGrindLab Network;
• harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of theGrindLab Network without consent from such users;
• solicit private information (including social security numbers, credit card numbers and passwords) from users of theGrindLab Network;
• provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
• use an iFrame or offer web search functionality on theGrindLab Network;
• intimidate or harass any user;
• do anything that is illegal, infringing, fraudulent, malicious or could expose theGrindLab or theGrindLab Network users to harm or liability; or
• attempt, encourage or facilitate any of the above.

User Content
By using or accessing theGrindLab Network, you represent, warrant and agree that you will not Post:

• User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
• any Contact Information or private information of any third party;
• false, misleading or fraudulent information;
• any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
• alcohol-related or other mature content on Pages on theGrindLab Network that have not set appropriate privacy or age based restrictions (based on the country in which the page will be viewable); or
• User Content that is threatening, hateful, racially or ethnically offensive, or that depicts *pornography or graphic or gratuitous violence, or anything else that we may consider offensive.

*This does NOT include nude images which are deemed artistic in nature. Content is member-moderated and images that have received 20 or more flags/reports will be automatically removed from the site.
*Galleries that contain ANY nude images must be set to private.

With the exception of Vendor Catalog Items, theGrindLab does not pre-screen, review, edit or approve any User Content. theGrindLab may, in its sole discretion, remove or disable access to any User Content.

"User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through theGrindLab Network. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through theGrindLab Network.

IP Complaints
We respect the IP rights of others and we prohibit users from Posting User Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on theGrindLab Network infringes your IP rights, please contact us.

Mobile
There are features of theGrindLab Network that may be accessible via certain mobile carriers (the "Mobile Services"). While we currently do not charge for these Mobile Services, your carrier's normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information on theGrindLab Network to ensure that your messages are not sent to the person that acquires your old number.

Your Privacy Practices
We respect the privacy rights of third parties, and you must do so as well on theGrindLab Network. If you collect, access or use information relating to any user of theGrindLab Network (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not theGrindLab.

Ownership; Proprietary Rights
Except for User Content and Applications/Connect Sites, all materials, content and trademarks on theGrindLab Network are the property of theGrindLab.com and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Except as expressly authorized by theGrindLab.com in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.

Licenses
You are solely responsible for the User Content that you Post on or through theGrindLab Network. You hereby grant theGrindLab an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with theGrindLab Network or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with theGrindLab Network or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

If you own or control a website, you may place theGrindLab's share link button, logo and/or text (a "Share Link"), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on theGrindLab Network. By offering a Share Link on your website, you agree, represent and warrant that you will not place a Share Link on any page containing content that would violate these Terms if Posted on theGrindLab Network. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Share Links from your website.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to theGrindLab are non-confidential and non-proprietary. theGrindLab will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

1. Description of Services:

theGrindLab.com is a provider of music and talent related services. These services are provided to Artists/Vendors desiring to sell products via the Internet or World Wide Web. Artist hereby appoints theGrindLab.com as the Online Retailer of Artist's merchandise as provided under this Agreement. Artist may use the service to allow Customers to purchase Artist's products from theGrindLab.com using any major credit card via SITE's secure payment processor. All charges are billed to Customer credit cards by "theGrindLab.com".

The following terms are defined for use in this Agreement:

- "Artist Product" means any product or service that originated from Artist.
- "Artist Web Site" means one or more interactive Internet World Wide Web sites maintained by Artist for the purpose of displaying and offering products for sale to Customers.
- "Artist" and "Vendor" refer to theGrindLab.com member selling a product or service.
- "Customer" means any person desiring to make a purchase of an Artist Product.
- "theGrindLab.com", "Site" and "Company" refer to theGrindLab.com
- "Customer Charge" means the Product Price to be charged to the Customer's credit card account for the purchase of Artist's product(s).
- "Delivery" means:

A. the digital transaction from servers operated by theGrindLab.com to the Customer's computer or
B. the physical delivery via mail or courier of tangible goods to the Customer.
 

2. Standard Sales Commission:

theGrindLab.com provides this service free of recurring subscription charges. In other words, there are no monthly fees. theGrindLab.com applies a sales commission to every purchase. The sales commission will be the charge to the customer less the payment to the Artist as described in 'Payment from theGrindLab.com to Artist'. 
 

3. Payment from theGrindLab.com to Artist

theGrindLab.com agrees to pay Artist for all products re-sold by theGrindLab.com as described hereinafter. In this regard, theGrindLab.com will cause the Customer Charges associated with each order to be charged to the Customer's credit card or PayPal account after order placement by the Customer, and theGrindLab.com shall pay the Artist out of the proceeds received from the credit card or PayPal service provider after delivery of the products.
 
theGrindLab.com shall retain a commission of fifteen percent (15%) on total sales to Customer. The amount to be paid to Artist will be determined on the last day of each calendar month and delivered to Artist's Paypal account on the 15th of the following month. The accumulated payment due to the Artist must meet a minimum payment threshold of $20 (US). Artist royalty is accumulated monthly until the minimum threshold is met.

theGrindLab.com deducts from any payment
(i) the sum of all Customer Charges denied, refused, or charged back by the Customer or the credit card service provider during the period
(ii) all inquiries, disputes, and refunds processed on account of Artist's Customer Charges during the period,
(iii) all taxes, penalties, charges and other items reimbursable under Sections 6 of this Agreement or otherwise occurring during the period
(iiii) service charges by theGrindLab.com for any service related to inquiries, disputes, charge backs and refunds.
 
theGrindLab.com pays the Artist by PayPal only. The Artist has the responsibility to provide a valid PayPal account at all times. 
 

4. Artist's Cancellation

The Artist may remove his/her product(s) at any time. Any payments due to the Artist for Orders sent prior to cancellation will be paid as described in the Payment description. 
 

5. General Terms and Conditions.

a) Losses

Artist shall indemnify and hold theGrindLab.com harmless from all claims, expenses, and losses occurring for any reason in connection with the sale of Artist Product(s) to Customers by theGrindLab.com, specifically including, without limitation, the costs and expenses of:
(i) Customer refunds and/or returns and Charge Backs; or
(ii) Warranty and/or service claims of Customers arising out of express or implied representations of Artist or by operation of law, regulation, or trade custom.

b) Transaction Limits

theGrindLab.com reserves the right to impose limits on sales of products in its sole discretion and to refuse to process transactions to specific Customers for any reason.  Specifically, theGrindLab.com may limit or restrict sales to a minimum or maximum Product Price, impose limits on the amount or number of purchases which may be charged to an individual credit card account during any time period, or refuse to accept orders from Customers with a prior history of questionable charges. theGrindLab.com may impose Transaction Limits or Reserve Amounts on specific artist accounts, either temporarily or permanently, which are more restrictive than limits placed on other artists in order to reduce theGrindLab.com's reasonable apprehension of risk of loss under varying circumstances.  theGrindLab.com is in no way responsible for any losses sustained by Artist, including claims for lost profits, on account of the imposition of Transaction Limits or Reserve Amounts for any reason.

c) Refund and Return Policy

Products sold on theGrindLab.com which are digital in nature are sold under a "no refunds" policy, however theGrindLab.com reserves the right to issue a refund without the knowledge or consent of Artist in any case that it deems appropriate.

Tangible products (CDs, DVDs, shirts, etc.) sold on theGrindLab.com are sold under a 7-day refund policy subject to the refunds section in these Site Terms.

d) Customer Support

Artist shall at all times have the ability to respond promptly to inquiries from theGrindLab.com on behalf of Customers, and shall endeavour to resolve disputes with Customers amicably.  The occurrence of complaints from customers and/or inquiries or charge backs regarding Artist's merchandise may be cause for termination of this Agreement if such events occur with unacceptable frequency as determined in the sole discretion of theGrindLab.com  In addition, theGrindLab.com reserves the right to charge Artist reasonable fees and recover its expenses on account of excessive customer inquiries, refunds, or charge backs.  Prior to imposing such fees and attempting to recover its costs, theGrindLab.com shall notify Artist of the details and nature of the problems and attempt to find mutually acceptable solutions. If theGrindLab.com and Artist are unable to achieve mutually acceptable solutions, Artist shall have the option of continuing this Agreement subject to the additional fees and costs imposed by theGrindLab.com or of terminating this Agreement.

6. Regulation Authorization

Artist represents and warrants that it is legally authorized and has obtained all necessary regulatory approvals and certificates to sell any product it intends to offer. Artist further represents that it will conform to any and all laws, rules, regulations, requirements and/or other standards that are established by the Federal Trade Commission, state and local consumer protection agencies, and credit card governing agencies regarding the sale of products over the Internet or in situations where the card is not present.

7. Taxes

Each party agrees to report and pay its own taxes imposed on its income by any jurisdiction, such as state and federal income taxes.  Should theGrindLab.com be required to pay any such taxes on the income of Artist, the amount of such taxes and all related interest, fines, or penalties shall become immediately due and payable to theGrindLab.com.

Further, the parties agree that if additional taxes in the nature of an excise, sales or use tax are imposed in connection with theGrindLab.com's services on behalf of Artist, the burden of such taxes shall be the Artist's responsibility. theGrindLab.com shall have the right to collect and pay over taxes in the nature of an excise, sales, or use tax on behalf of Artist or on account of its own sales of products if reasonably required to do so by a taxing authority of competent jurisdiction and shall further have the right to recover from Artist the amount of any such taxes and related penalties and interest which are paid by theGrindLab.com with its own funds.

8. Stock of Tangible Goods and Shipping Fees

Artists who wish to sell tangible products through theGrindLab.com must provide Company with sellable units. Company will review any tangible goods before approving such items for display in the Site store. Additionally, adequate shipping fees (via a trackable means) may be included or added to the Site store price of tangible items. This is necessary to offset shipping and handling fees incurred while filling Customer orders.

Refunds
No refunds will be issued for sales on any instantly deliverable intangible products (downloads). This applies to purchases made anywhere throughout the site or through store widgets embedded in third-party sites. As a basic premise, a customer has no automatic legal right to return tangible goods to a retailer and seek a refund.

However, a customer is entitled to a refund on goods purchased under the following circumstances:

• If the customer was induced into buying the goods by misrepresentation;
• If the goods have a fault about which they could not have known at the time of purchase. (Customers can't complain about defects that were pointed out to them at the time of purchase.)
• If the goods are NOT of merchantable quality - a basic level and quality and performance that would be reasonable to expect - bearing in mind the price and the way the goods were described.
• If the goods don't do the job the customer was led to believe they would do.
• If the goods don't match the description given when ordered.• If the goods don't match a sample shown when ordered.

A customer may also claim compensation for any loss or damage caused by faulty goods.

A customer may be offered a repair, an exchange or a credit note rather than a refund BUT it is the customer's choice.

A customer is not entitled to a refund when:

• There is nothing wrong with the goods, but they have changed their mind.
• The goods were bought for someone else who simply doesn't want them.
• The customer knows, or should have known, about any fault when they bought the goods (ie. if they were seconds.)

A customer is NOT entitled to a FULL refund:

• When the damage to goods is caused by the customer's negligence.  The supplier is entitled to deduct an amount from any refund.
• If the customer has used the goods and obtained commercial benefit from the use, the supplier may be entitled to deduct a fair amount from the refund to make up for that benefit.

User Disputes; Complaints
You agree not to hold theGrindLab responsible or liable for the User Content or actions of third parties (including your interactions with site vendors/users) on or relating to theGrindLab Network. This includes transactions conducted on theGrindLab Network as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to theGrindLab Network, you release theGrindLab.com and its directors, officers, employees and agents from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

If you believe that theGrindLab Network or theGrindLab.com's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of theGrindLab's legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that theGrindLab Network is unfair, fraudulent or unlawful with respect to that issue.

If you believe that any vendor advertising a product/service in theGrindLab online catalog has conducted business in a fradulent manner or otherwise has failed to deliver any item as advertised/described please feel free to review said vendor as well as the item in question. Also, please contact our staff so that we may review the situation and respond appropriately.

Indemnity
You agree to indemnify and hold theGrindLab.com Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of theGrindLab Network or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. theGrindLab.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify theGrindLab.com, and you agree to cooperate with theGrindLab's defense of these Claims.

General Disclaimers
USE OF THEGRINDLAB NETWORK IS AT YOUR OWN RISK. THEGRINDLAB NETWORK, THEGRINDLAB.COM WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THEGRINDLAB NETWORK ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THEGRINDLAB, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THEGRINDLAB, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THEGRINDLAB NETWORK WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THEGRINDLAB NETWORK OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEGRINDLAB.COM IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THEGRINDLAB NETWORK (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THEGRINDLAB ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THEGRINDLAB NETWORK, THEGRINDLAB WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THEGRINDLAB NETWORK, EVEN IF THEGRINDLAB.COM OR AN AUTHORIZED REPRESENTATIVE OF THEGRINDLAB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THEGRINDLAB.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF THEGRINDLAB.COM ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THEGRINDLAB NETWORK, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THEGRINDLAB NETWORK (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO THEGRINDLAB.COM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Termination and Changes to theGrindLab Network
We may terminate your account on theGrindLab Network, delete your profile and any User Content you have Posted on or through theGrindLab Network, and/or prohibit you from using or accessing theGrindLab Network (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of theGrindLab Network at any time without notice. The following sections will survive any termination of your use of theGrindLab Network: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to theGrindLab Network, Arbitration, Governing Law; Venue and Jurisdiction and Other.

Arbitration
Except as set forth in the paragraph below, you agree that all claims and disputes between you and theGrindLab.com that arise out of or relate in any way to the Terms or your use of theGrindLab Network will be resolved either by (a) binding arbitration by a single arbitrator in Bell County, Texas or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.

Governing Law; Venue and Jurisdiction
You agree that all claims and disputes between you and theGrindLab.com that arise out of or relate in any way to the Terms or your use of theGrindLab Network will be governed by the laws of the State of Texas (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in the State of Texas.

Other
The "theGrindLab Network" means the features, services and properties that theGrindLab.com makes available through (a) www.theGrindLab.com or any other theGrindLab-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) theGrindLab Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from theGrindLab at the email address you provide in registering for theGrindLab Network or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of theGrindLab Network.