Terms and Conditions

Welcome to GrinGO! These Terms govern your use of the GrinGO app and the products, features, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply. GrinGO, LLC is a Phoenix, Arizona incorporated company. 1. Our Services Our mission is to serve as a Global Distribution System (GDS) of travel services and safety resources for US and Canadian citizens traveling to Mexico with features that minimize risk and enhance the travel experience abroad. To help advance this mission, we provide the Products and services described below to you: Connect you with people and organizations you care about: We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the GrinGO Products you use. We use the data we have on and off our Products - to help personalize your experience. We use the data we have to make suggestions for you and others - for example, destinations to travel to, events to attend, cruises to take, doctors to visit, and insurance to buy. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about. Help you discover content, products, and services that may interest you: GrinGO is a FREE app. To stay FREE we show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use GrinGO and other GrinGO Products. Our partners pay us to show their content to you, and we design our services so that the sponsored content you see is as relevant and useful to you as everything else you see on our Products. Combat harmful conduct and protect and support our community: People will only use GrinGO if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, delisting a service provider, or contacting law enforcement. Use and develop advanced technologies to provide safe and functional services for everyone: We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and others - so that people can use our Products safely regardless of physical ability or geographic location. For example, we’ve established a sophisticated network and integrated communication technology to help more people connect directly with first responders. We develop automated systems to improve our ability to detect dangerous activity that may harm our community and the integrity of our Products. Research ways to make our services better: We engage in research and collaborate with others to improve our Products. One way we do this is by analyzing the data we have and understanding how people use our Products. Provide consistent and seamless experiences across GrinGO Products: Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different GrinGO Products that you use. For example, we use data about your health and its history to make destinations more friendly to your health conditions. Enable global access to our services: To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by GrinGO, LLC. 2. Our Data Policy and Your Privacy Choices To provide these FREE services, we must collect and use your personal data. We detail our practices in the Data Policy, which you must agree to in order to use our Products. 3. Your Commitments to GrinGO We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments. By accessing or using the Services and/or the Apps, you agree to be bound by these Terms as a User. You are authorized to use the Services and the Apps only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and these Terms. If you do not agree to be bound by these Terms and to abide by all Applicable Law, you must discontinue use of the Services and uninstall the Apps immediately. Your use of, or participation in, certain Services may be subject to different or additional terms, and such terms will be presented to you for your acceptance when you sign up for or use such Services. 1. Who can use GrinGO Our community is safer and more accountable if they: • Use the same name that you use in everyday life. • Provide accurate information about yourself, especially on ICE Card. • Create only one account (your own) and use your timeline for personal purposes. • Not transfer your account to anyone else (without our permission). We try to make GrinGO broadly available to everyone, but you cannot use GrinGO if: • We previously disabled your account for violations of our terms or policies. • You are prohibited from receiving our products, services, or software under applicable laws. 2. The permissions you give us We need certain permissions from you to provide our services: a. Permission to use content you create and share: You own the content you create and share on GrinGO and the other GrinGO Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content. b. Specifically, by posting any Content on, through or in connection with the Services, you hereby grant to Us a nonexclusive, worldwide, royalty-free, fully-paid, perpetual, assignable license (with right to sublicense) to use, modify, create derivative works of, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on, through or in connection with the Services, including, without limitation, distributing part or all of the Services and any Content included therein, in and/or through any and all media, platforms, and distribution channels now or hereafter known or developed. Without limiting that license grant, you acknowledge and agree that We may sublicense Content, in whole or in part, to third parties to permit such third parties to display content from the Services. c. You may terminate this license to your Content by terminating your user account (which terminates this license as to all of your Content) or by removing Content from the Services (which terminates this license as to the Content removed). Upon receipt of notice of such termination by you, we will remove your Content from the Services as soon as practicable, and at that point our license to your Content under these Terms will terminate, except with respect to any Content that We cannot reasonably retrieve or delete (for example, copies that have been saved or otherwise retained by third parties outside of the Services). You represent and warrant that: (a) the Content is your original work or you otherwise own the Content or have all rights necessary to grant the rights and licenses set forth in these Terms, and (b) the posting of the Content on, through or in connection with the Services and the granting of the rights in these Terms do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. d. Permission to use your name, pictures shared on our social media pages, health information, geo-location and information about your actions with ads and sponsored content: You give us permission to the above items mentioned in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. e. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf. (This language is included pursuant to a court-approved legal settlement.) f. Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it. 4. Additional Provisions 1. Updating our Terms We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we reserve the right to modify these Terms at any time and from time to time, and each such modification shall be effective upon posting on the Services. Your continued use of the Services and/or Apps following any such modification constitutes your agreement to be bound by and your acceptance of the Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by any modifications to these Terms, you must discontinue use of the Services and uninstall the Apps immediately. If We ask you to provide your express consent to any modifications to these Terms and you do not provide such consent, we may terminate your access to the Services and the Apps. 2. Account suspension or termination We want GrinGO to be a place where people feel welcome and safe using its features. These Terms (including any modifications, as set forth above) shall remain in full force and effect while you use the Services and Apps. You may terminate these Terms and, if applicable, for any reason, by contacting Us. By terminating your use of the app, you acknowledge and expressly agree that We may, in our discretion, irrevocably delete all of your profile content, photos and other content or information you have submitted to the Services (collectively, “Content”), as well as your user account information. We may suspend or terminate your app usage and/or terminate these Terms at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon termination of these Terms by you or Us, you may no longer access or use the Services or the Apps in any way; and any provision of these Terms that by its nature or express terms should survive will survive such termination or expiration 3. Links to Third-Party Sites or Services. The Services may include links to other sites and services that are not operated by Us. We provide such links only as a convenience and are not responsible for the content, products, services, or links available on such sites. You are responsible for and assume all risk arising from your use or reliance of any third-party sites and services. Our Services may provide tools that enable you to provide or export information or Content to third-party services. By using these tools, you agree that We may transfer such information and Content to the applicable third-party service. Such third-party services are not under our control, and We are not responsible for their use of your exported information. 4. Limits on liability We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DATA, OR GOODWILL ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING ANY CONTENT OR INFORMATION SUBMITTED BY YOU OR AVAILABLE THROUGH THE SERVICES) OR THE APP AND/OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF THE CLAIM (CONTRACT, TORT, OR OTHER LEGAL THEORY). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES AND THE APP. EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 5. Disputes We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the use of the app and GrinGO Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court in Arizona or a state court located in Maricopa County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Arizona will govern these Terms and any claim, without regard to conflict of law provisions. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS. 6. Indemnity. You agree to indemnify and hold harmless GrinGO, LLC and our subsidiaries and affiliates, and each of their respective officers, directors, agents, employees and shareholders, from and against any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' and expert witness fees, arising from or relating to: (a) your access to or use of the Services and/or the Apps, (b) your violation of these Terms or any Applicable Law, (c) an actual or alleged violation of the rights of a third party by you or the Content, and (d) any disputes arising between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. 7. Other 1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and GrinGO, LLC. regarding your use of our Products. They supersede any prior agreements. 2. Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict. 3. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. 4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. 5. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 6. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. 7. We reserve all rights not expressly granted to you. Date of Last Revision: February 12th, 2019