Terms & Conditions

Agreement between User and Grandon Art Enterprises LLC

Welcome to PokeFaceArt.com, the website of Grandon Art Enterprises LLC, A Michigan Limited Liability Corporation. The Grandon Art Enterprises LLC –  PokerFaceArt.com  website (the “Site”) is comprised of various web pages operated by Grandon Art Enterprises LLC.  Your use of the Site is offered to you on the condition that you accept, without modification, the terms, conditions, and notices contained within this document.

Please read these terms carefully and keep a copy of them for your reference.

Purposes

This Site has two main purposes. First, to enable interested individuals to obtain information about Grandon Art Enterprises LLC products and services.

 

Privacy

Use of the Site is subject to Grandon Art Enterprises LLC Privacy Policy, which governs the Site and informs users of our data collection practices. Please review it carefully.

Electronic Communications

By either visiting our Site or sending us emails you engage in Electronic Communications with us and consent to both receive these electronic communications and you agree that we have satisfied any legal requirement that for whatever reason that those communications must be in writing.

Children Under Thirteen

Grandon Art Enterprises LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, please only use the Site with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The site may include links to other websites (“Linked Sites”). The Linked Sites are not under the control of Grandon Art Enterprises LLC and Grandon Art Enterprises LLC is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gradon Enterprises LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Grandon Art Enterprises LLC of the site or any association with its operators.

Certain services and or programs made available on the Site are actually delivered by third party sites and organizations. By using any product, service, or functionality originating from the pokerfaceart.com domain, you hereby acknowledge and consent that Grandon Art Enterprises LLC has a contractual relationship to provide the service, or functionality on behalf of the Site users and customers.

No Unlawful or Prohibited Use/Intellectual Property

Only lawful and allowed purposes.

As a condition of your use of the Site, you warrant to Grandon Art Enterprises LLC that you will only use the Site for purposes that are either lawful or allowed by these Terms. you may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

All content is the property of Grandon Art Enterprises LLC

All the content included on the Site, such as art, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Grandon Art Enterprises LLC its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe an abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to it.

No modification or unauthorized use of content

You further agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Grandon Art Enterprises LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content.

Solely for Personal Use

Finally, you will use protected content solely for your personal use and will make no other use of the content without the express written permission of Grandon Art Enterprises LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Grandon Art Enterprises LLC or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administrated by Grandon Art Enterprises LLC from our offices withing the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any of Grandon Art Enterprises LLC content accessed through the Site, in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Grandon Art Enterprises LLC its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Grandon Art Enterprises LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Grandon Art Enterprises LLC in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location  mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretations and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCK AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Grandon Art Enterprises LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise, the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE ON THIS SITE MAY INCLUE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GRANDON ART ENTERPRISES LLC  AND/OR ITS SUPPLIERS, DESIGNERS & DEVELOPERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GRANDON ENTERPRISES AND/OR ITS SUPPLIERS, DESIGNERS & DEVELOPERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION. SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OR CONDITION OF ANY KIND. GRANDON ENTERPRISES AND/OR ITS SUPPLIERS, DESIGNERS & DEVELOPERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRANDON ART ENTERPRISES LLC AND/OR ITS SUPPLIERS, DESIGNERS & DEVELOPERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GRANDON ART ENTERPRISES LLC OR ANY OF ITS SUPPLIERS, DESIGNERS & DEVELOPERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Grandon Art Enterprises LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan in all disputes arising out of relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitations, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Grandon Art Enterprises LLC because of this agreement or use of the Site. Grandon Art Enterprises LLC performance under this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Grandon Art Enterprises LLC right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Grandon Art Enterprises LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Constitutes the Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Grandon Art Enterprises LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Grandon Art Enterprises LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in print form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Grandon Art Enterprises LLC reserves the right, in its sole discretion, to change the Terms under which pokerfaceart.com

is offered. The most current version of the Terms will supersede all previous versions. Grandon Art Enterprises LLC encourages you to periodically review the Terms to stay informed of our updates.

Contact Information

Grandon Art Enterprises LLC welcomes your questions or comments regarding the Terms:

Grandon Art Enterprises LLC

Email Address

support@pokerfaceart.com

 

Effective as of October 1, 2023