Terms & Conditions OF USE

At risk of boring you to tears with the information below, we’re providing these Terms & Conditions of Use (herein referred to as the “Terms”) of our website, Grounded.com (herein, the “Website”). The purpose of these Terms is not to put you to sleep (though if they did, would preferably be on a grounding sleep system), but to delineate the responsibilities we take on or disclaim as a publisher of Website content, as well as your responsibilities as a visitor (“User”, also referred to as “you”) of our Website.

For ease of reference, here are a few basics:

  • By using this Website, you agree to these Terms; If you don’t agree, we wish you adieu!

  • Know that we only provide information and product recommendations; we do not sell any products. Our site contains affiliate links to third party websites whose products we recommend based on our personal use and experience. We may make affiliate commissions when you purchase products via those affiliate links. While we are happy to provide information about our experiences with the products we recommend, we do not make any warranties about such products, and all questions and concerns should go to the companies which sell those products.

  • Be kind and respectful when posting comments on our website.

  • Please visit our website with good intentions. Don’t do anything that could be considered illegal when using this website. For example, don’t copy our content and use it for your own commercial purposes, don’t hack our site, etc.

  • We do not monitor all comments posted on our website or content found on sites we link to. Visit these sites and read user comments at your own risk.

  • The health information we provide is for entertainment purposes only; it is not meant to be a substitute for advice from a qualified health practitioner.

Please read these Terms in their entirety to make sure you’re on board with all of them.

View our Privacy Policy here.


  1. Acceptance of Terms

A.  Glacier Capital, LLC, a Delaware limited liability company (referred to as the “Company”, "us”, or “we”), makes available the website, www.Grounded.com (referred to as the “Website”), providing information about grounding / Earthing, health and wellness, as well as product recommendations; such availability is subject to the User's compliance with the following Terms, as well as any other written agreements between the Website and the Users (such agreements, together with the Terms, shall be referred to as the “Agreement”).

By using this Website, you must agree to adhere with local, state and federal regulations. 

B.   We reserve the right to change these Terms from time to time with or without notice to you; date of last revision is noted at the bottom of this page. You acknowledge and agree that it is your responsibility to periodically review this Website and these Terms. Your continued use of this Website after such modifications will constitute acknowledgement and acceptance of all Terms, including modified ones.

C.  As used in these Terms, references to our “Affiliates” include our affiliated companies, officers, directors, partners, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site. Such term also includes third party companies to whom we are an affiliate.

D. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USING THE SITE.

E. You acknowledge and agree that:

  1. Company does not warrant that the products we recommend and that you may ultimately order through links provided on this Website will be suitable for your intended purposes;

  2. Your use of the information provided, including product recommendations, and products through this Website is at your sole risk;


2. Offerings & AFFILIATE RELATIONSHIPS

A. Offerings. Grounded.com provides a number of Offerings for Users on its Website, including, but not limited to, information about grounding / Earthing, healthy lifestyle and wellness, and related product and/or brand recommendations.

For clarity, WE DO NOT ACTUALLY SELL grounding products or any other products besides (occasionally) books; rather, we showcase and recommend various products sold by other companies on separate websites.

B. Affiliate Relationships and Commissions. Our relationship to the companies and brands we promote is as an affiliate. That is, we may earn affiliate commissions when you purchase products via hyperlinks to third-party web sites that are made available on our Website; such hyperlinks contain tracking code that enable attribution of your purchase to Grounded.com. All pages on this Website which contain affiliate links display a conspicuous disclosure notice mentioning the possibility of our earning affiliate commissions.

As affiliates of third-party companies, we do not have any control over products or services you purchase from them, nor do we have any control over how those companies use the information you provide them when purchasing. Although we are happy to answer product questions to the best of our knowledge and ability, you should direct any questions or concerns about products you’ve purchased to the company you purchased them from.

Please know that our product or service recommendations are not influenced by any commissions we may receive. Our recommendations are based solely on our own personal experience using and buying products from the brands we recommend, and we only recommend brands whose products we have found to be effective. We are very selective about which companies and brands we recommend; it’s always about the merits of the products and companies that produce them, not the money to be made from them.

C. No Guarantee. Although Grounded.com works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Website or Offerings available on this Website.

D. Temporary Interruptions. You understand and agree that temporary interruptions of the Website may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided "AS IS", unless otherwise indicated on or with the specific Offering, and that we assume no responsibility for the timeliness, deletion, mis-delivery, rejected/returned payment, or failure to store any user communications, material posted by you, or personalization settings.

 

3. Information Purposes Only

A. All information provided on this website is for informational purposes only. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and the reasons for your belief to info@grounded.com.

B. You understand and acknowledge that we cannot promise or guarantee specific results from using the Website. Further, as comments may be posted or communicated by other users of Grounded.com, we are not responsible for their content or services offered. We reserve the right to delete or unpublish any comments that contain obscene or otherwise offensive language.

 

4. Third-Party Sites and Information

Grounded.com contains links to other websites or advertisers on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties (that is, companies we are not affiliates of). While we make every effort to work with trusted, reputable providers, from time to time such sites or advertisements may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of material hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a feature, link, or reference is provided merely as a convenience and does not necessarily imply endorsement of, or association with the site or party by us, or any warranty of any kind, either express or implied.

Grounded.com has no control over said websites and content and therefore you acknowledge that we are not responsible for the availability of such links, resources and content, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials made available on or from these linked web sites. You also acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or for any intellectual property or other third-party claims relating to your posting or using such links.

Please know that, although we expressly endorse various products and/or brands through affiliate links to third party sites (as denoted by affiliate disclosures on any pages containing affiliate links), such endorsements are based on our personal experience with these brands; we cannot control what your experience may be with them, hence we expressly disclaim any warranties about the information or products found on those sites. See also #9 DISCLAIMERS below.


5. Site Conduct, Posting Policies & No Endorsement

A. User Comments.  You understand that Company does not endorse or provide any of the user reviews/feedback or opinions featured and referenced through Grounded.com, and may not inspect the same. Company provides Users with the functionality to add comments for public display and create and share reviews, feedback, and opinions with other users.  Any legal claim related to a service, products, review, blog, or media provided by a user must be brought directly against said user. You release Company from any claims related to said services, goods, reviews, blogs, or media, including any claims for breach of contract or agreement, misrepresentations by said users, or any other claim arising out of or related to goods, services, or subject matter referenced on Grounded.com.

B. User-Created Submissions Guidelines. Your use of Grounded.com is subject to all applicable laws and regulations, and you are solely responsible for any comments, information, advertisement, pictures, media, communications, ideas, or other material that you upload or submit to this Website or transmit to other users or individuals/entities featured or found through use of Grounded.com (“Submissions”). By transmitting Submissions, you agree that you will not transmit or upload any Submissions that:

i. Are unlawful, threatening, abusive, harassing (including but not limited to “trolling”), defamatory, tortious, invasive of another's privacy, or include graphic descriptions of sexual or violent content;

ii. Contain violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content, as deemed by Company;

iii. Victimize, harass (including, but not limited to “trolling”), degrade, discriminate against, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or victimize or harass in any way, as deemed by Company;

iv. Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including that of any other user;

v. Contain any form of malicious code, files, programs, or other data or content that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allow you to obtain unauthorized access to any data or other information of any third party;

vi. Breach the security of, compromise, or otherwise allow access to secured, protected, or inaccessible areas of this website, or attempt to gain access to this Website’s network or server;

vii. Impersonate any person or entity, including any other users or our employees or representatives;

viii. Promote or encourage any type of criminal or illegal activity, including but not limited to, child pornography or the use of illicit drugs;

ix. You know or reasonably should know cannot be distributed legally, or are for any illegal or unauthorized purpose;

x. Feature other users without their written consent;

xi. Data mine or use Grounded.com to collect usernames, e-mail addresses, or other user data by electronic or other means;

xiii. Offer to sell any goods or services or advertise any goods or services for any purpose in any forum, without Company’s written authorization.

Please note that the list above is not exhaustive. Company reserves the right, without notice and in its sole discretion, to block your use of or prevent your future access to Grounded.com and any of its goods or services upon its determination that you have engaged in or are engaging in a forbidden activity, whether or not such activity is listed above.

C. No Endorsement. We neither endorse nor assume any liability for any Submissions submitted by you or other users through or on any part of the Grounded.com. We and our agents reserve the right to remove or refuse to display any and all Submissions in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing or refusing to post any            Submissions.

Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any user Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Grounded.com. 

If you have a dispute with one or more users, you agree to release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages, in any way connected with the dispute.


6. OUR Intellectual Property 

A. Content. For purposes of these Terms, “content” is defined as any information, communication, published work, photo, video, graphic, music, sound, or other material that can be viewed by users on our Site and is owned by us, the companies and/or brands we recommend or our licensors including, but not limited to, the Company’s trademarks and service marks.

B. Ownership of Content. All content on Grounded.com is subject to intellectual property rights, contractual, or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with the prior express written consent of the owners of such content. Any use of the content other than as permitted by these Terms or any other unauthorized use of the content may make you liable to us or our licensors for violation of intellectual property rights, including but not limited to intentional infringement of our copyright and trademark rights.

C. Website Use. We grant you a limited, revocable, nonexclusive license to use the content on this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from Grounded.com for commercial use. You agree not to copy the Website or content located on the Website; to reverse engineer or break into the Website; or to use content, products, or services in violation of any law. Any use of Grounded.com or the content contained therein other than as specifically authorized in the Agreement, without our prior written permission is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website at any time and to block or prevent your future access to, and use of, the Website.

D. No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of other users of the Website or of third parties.

E. Trademarks. All trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name, or those of our Affiliates and our licensors.

 

7. Your Intellectual Property

A. Your Intellectual Property Rights. Subject to our Privacy Policy, any user-generated content will be treated as non-confidential. While you retain all rights to the user-generated content, you grant us (including our employees and Affiliates) a non-exclusive, paid-up, perpetual, non-exclusive, and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the user-generated content on Grounded.com and to effectuate our business (including without limitation, for advertising, promotion, or generating revenue through advertising based on your user-generated content) without incurring any liability for royalties or any other consideration of any kind, and that we will not incur any liability to you as a result of any similar content that may appear on the Website or in our future operations or business.

B. Copyright Notice. We respect the intellectual property rights of others and we ask you to do the same. In instances where we are notified of alleged infringing content or user-generated content, a decision may be made to remove or disable access to such content or user-generated content, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).

If you believe that you or someone else's copyright has been infringed by content featured on this Website, you (or the owner or rights holder, collectively, “Rights Holder”) should notify us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice.

C. Removal of Content. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our website without liability to you or any other party.

D. Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) which you do not wish to be displayed on the Website unless we have mutually agreed in writing otherwise.

 

8. Privacy & Security

Personally Identifiable Information. We caution you against giving out any personally identifying information about yourself or anyone else in your user-generated content. In an effort to preserve your privacy, we agree to treat any personally identifying information that you submit through the Website in accordance with the terms outlined in our Privacy Policy.

 

9. Disclaimers

A. ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. RETAILER WILL NOT BE LIABLE FOR ANY VIRUSES OR OTHER MALWARE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED FROM THE SITE SHALL CREATE ANY WARRANTY, EXPRESS OR IMPLIED.

B. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH GROUNDED.COM OR ANY HYPERLINKED OR REFERENCED WEBSITE. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

C. MEDICAL DISCLAIMER: The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only. Company makes no representations and assumes no responsibility for the accuracy of information contained on or available through this web site, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this web site with other sources, including your own physician, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEB SITE.

Company does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this web site. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEB SITE.

D. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.

E. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING ANY FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OF FREE OR FEE-BASED SERVICES OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS WEBSITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

F. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

10. Limitation of Liability & Indemnification

A. THIS SITE IS PROVIDED AS A PLATFORM FOR PROVIDING INFORMATION AND PRODUCT RECOMMENDATIONS PURSUANT TO SECTION 2 OF THESE TERMS. THE COMPANY AND OUR AFFILIATES OF DO NOT REPRESENT ANY USER OF THE SITE OR ANY OTHER BUSINESS FEATURED ON THIS SITE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT LOSS; YOUR PARTICIPATION IN ACTIVITIES BASED ON THE CONTENT FEATURED ON THE SITE; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE OR PROVIDED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, SHOULD YOU INCUR DAMAGES AS A RESULT OF THE USE OF PRODUCTS, SERVICES OR INFORMATION FEATURED ON THE SITE. PLEASE REFER TO THE SPECIFIC INFORMATION PROVIDED WITH THE OFFERING FOR ANY WARRANTY INFORMATION.

YOU AGREE THAT THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES FEATURED ON THE SITE OR THE GOODS PURCHASED THROUGHT THE SITE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) FROM ANY AND ALL CLAIMS AND/OR LIABILITIES RESULTING FROM YOUR PARTICIPATION THEREIN.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

B. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that may arise from your use or misuse of this Website or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

11. Termination of Use

A. Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Website, and reporting you to the proper authorities, if necessary.

B. No Right to Services Upon Termination. Upon termination and regardless of the reasons motivating such termination, your right to services and/or the Website will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

12. Miscellaneous Provisions

A. International Use. Although this Site may be accessible worldwide, the Website is intended for access within the United States; those who choose to access Grounded.com from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

B. Governing Law. This Site (excluding any third-party websites) is controlled by us from our offices in Manchester, CT, and the statutes and laws of the State of Connecticut shall be controlling, without regard to the conflicts of laws principles thereof. You specifically consent to exclusive personal jurisdiction in Connecticut in connection with any dispute between you and the Company arising out of these Terms or the Agreement. Any dispute, claim, or controversy arising out of or relating to these Terms or the Agreement or the breach, termination, enforcement, interpretation thereof, shall be determined by the state or federal courts in Connecticut.

In any proceeding regarding the Website, Offerings, or the Terms, the prevailing party shall be entitled to receive from the other party its attorneys' fees and costs incurred in connection with any proceeding and the enforcement of any award.

C. Notices. All notices to the Company shall be in writing and shall be sent to march@grounded.com. You agree to allow us to submit notices to you using the email address provided by you to the Website or directly provided to Company via e-mail. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.

D. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Website, or use of or access to this Website or services provided through this Website, beyond the limited rights granted to you under these Terms.

E. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of marketing tools available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic or epidemic, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

F. Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.

G. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

H. Entire Agreement. These Terms of Use and our Privacy Policy constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence.

This page was last updated on October 21, 2023.