Terms of Service
Please read this Agreement carefully before further using our website or ordering services. By accessing and using our website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all of the terms and conditions, then you may not access the website or use our Services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. The Services are only available to individuals at least 18 years old.
You hereby accept the following:
No Violation of Laws. You agree that you will not, in connection with your use of the Services, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through Grapher Co, Grapher.co, or our Services, any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Services. You may not connect to or use the Services in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon our website or otherwise attempt to disrupt the Services or any other person's use of the Service; or (b) attempt to gain unauthorized access to Grapher.co or Grapher Co Services, Accounts registered to other persons, or Grapher.co computer systems or networks.
Your Account. If you login on the Services, you are responsible for maintaining the security of your account, the accuracy of information associated with your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Services. You must immediately notify Grapher Co of any unauthorized uses of your account or any other breaches of security. Grapher Co will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Changes. Grapher Co reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Grapher Co may also, in the future, offer new services and/or features through Grapher.co and the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of this Agreement.
Links to Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which this website links, and that link to this website. Grapher Co does not have any control over external websites and web pages, and is not responsible for their contents or their use. By linking to an external website or webpage, Grapher Co does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We hereby disclaims any responsibility for any harm resulting from your use of external websites and web pages.
Intellectual Property. This Agreement does not transfer from us to you, nor any third party intellectual property. All right, title and interest in and to such property will remain (as between the parties) solely with the original property owners. TruFocus Productions's logo, and all other trademarks, service marks, graphics and logos used in connection with Grapher.co, or the Services are copyright, trademarks or registered trademarks of TruFocus Productions or TruFocus Productions’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any TruFocus Productions or third-party trademarks.
Termination. TruFocus Productions may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Services and Grapher.co. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Services are provided “as is”. TruFocus Productions and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TruFocus Productions nor its suppliers and licensors, makes any warranty that the Services or Grapher.co will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services and Grapher.co at your own discretion and risk.
Limitation of Liability. In no event will TruFocus Productions, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. TruFocus Productions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless TruFocus Productions, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services or Grapher.co, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between TruFocus Productions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Grapher Co, or by the posting by Grapher Co of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of Illinois. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Grapher Co may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The following terms are incorporated by reference: