Conditions of Use

Welcome to Grandin Road. Grandin Road provides website and other electronic services subject to the conditions set out below ("Conditions"). By using and shopping via Grandin Road's website(s), Grandin Road's mobile services, Grandin Road's telephone ordering and interactive voice response services, Grandin Road's software applications that you download, and other websites and existing or future services that expressly incorporate these Conditions ("Grandin Road Services"), you accept these Conditions. In some instances, a particular Grandin Road Service or a product purchased through the Grandin Road Services may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.

Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Grandin Road Services.

Applicable Laws

Grandin Road makes no representation that content included in any Grandin Road Services is appropriate or available for use in locations other than in the United States, and access to the Grandin Road Services from territories where their content is illegal is prohibited. Those who choose to access the Grandin Road Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Grandin Road Service in violation of U.S. export laws and regulations.

Change of Terms

Grandin Road may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Grandin Road may give by any means, including, without limitation, by posting the revised Conditions on the Grandin Road Services. You are responsible for reviewing the Grandin Road Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Grandin Road Services after changes to these Conditions will constitute your acceptance of the revised terms.

Orders and Pricing

Grandin Road reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Grandin Road, and may be adjusted by Grandin Road any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Content

Copyright in the documents and material on the Grandin Road Services is owned by or licensed to Grandin Road. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Grandin Road Services are either the property of, or used with permission of, Grandin Road. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the Grandin Road Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Grandin Road Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Grandin Road Services without the written permission of Grandin Road or any third party that may own such trademarks or service marks. Grandin Road will aggressively enforce its intellectual property rights to the fullest extent of the law.

Submissions

All information, ideas, suggestions, or other communications you transmit to Grandin Road concerning the materials contained in the Grandin Road Services will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. Grandin Road and its parents, subsidiaries, and affiliates will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.

For all of the content that you post or submit to the Grandin Road Services, you grant Grandin Road a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Grandin Road and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Grandin Road for all claims resulting from any content that you supply. Grandin Road has the right but not the obligation to monitor any activity and to edit or remove any content. Grandin Road takes no responsibility and assumes no liability for any content posted by you or by any third party.

Links to Other Sites and Services

Links to other Internet sites and services operated by third parties, including Grandin Road vendors, do not constitute sponsorship, endorsement, or approval by Grandin Road of the content, policies, or practices of such linked sites or services. Grandin Road is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.

Electronic Communications

When you access or use the Grandin Road Services, send e-mails to Grandin Road, or receive electronic communications from Grandin Road, you are, and consent to, communicating with Grandin Road electronically. Grandin Road may communicate with you by e-mail or by posting notices on one or more of the Grandin Road Services. You agree that all notices, disclosures, agreements, policies, and other communications that Grandin Road provides to you electronically satisfy any requirement that such communications be in writing.

Mobile Services

The Grandin Road Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Grandin Road, and access certain other features (collectively, the "Mobile Services"). Grandin Road does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Grandin Road, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Grandin Road, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Grandin Road may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Grandin Road. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Grandin Road intends to send to you are not sent to another person.

For Grandin Road's "Mobile Alerts", you may unsubscribe at any time, and for any reason, by visiting the Mobile Alerts signup page on My Account and opting out of the Mobile Alerts you do not wish to receive, replying with the word STOP to your Grandin Road Mobile Alert, contacting Customer Service at 888-263-9850, or by mailing a request to Grandin Road Customer Service, 5566 West Chester Road, West Chester, OH 45069. We are always happy to answer your questions and listen to your comments.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYTHE MATERIAL CONTAINED IN THE Grandin Road SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, Grandin Road MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL'S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE Grandin Road SERVICES IS PROVIDED TO YOU AS IS? WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.Grandin Road DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE Grandin Road SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT'S MANUFACTURER.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CERTAIN DAMAGES OR LIABILITIES. AS A RESULT, THE DISCLAIMERS AND LIMITATIONS REFERENCED ABOVE MAY NOT APPLY TO YOU.

Dispute Resolution (Including Arbitration Agreement, Class Action Waiver, Jury Trial Waiver)

Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final, binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration or litigation to the fullest extent permitted by law.

As referenced above, this Dispute Resolution section (including the arbitration agreement, class action waiver, and jury trial waiver) shall survive termination of the Terms.

We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue through any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.

Arbitration Agreement

• Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the Grandin Road Services, or your relationship with Grandin Road or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may take a Dispute to small claims court so long as it isn't removed or appealed to a court of general jurisdiction. Dispute shall include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets and claims of piracy or unauthorized use of intellectual property. You and Grandin Road retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in these Terms; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Grandin Road agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
• Mandatory Informal Dispute Resolution Process. For any Disputes, whether pursued in small claims court or arbitration, the party initiating the Dispute must first give the other party an opportunity to resolve the Dispute by sending a written description of the claim to the other party (“Notice”). The Notice shall be personally signed by the party submitting the Notice (and the party's counsel, if represented) and include: (1) a detailed description of the claims; (2) a detailed description of the relief sought, including a calculation for it; and (3) information sufficient to identify any transaction at issue. If you submit a Notice, you shall send it to Grandin Road, Inc., Attn.: General Counsel, 5566 West Chester Road, West Chester, Ohio 45069. If we submit a Notice, we shall send it to the mailing address and/or email address we have on file for you. Upon receipt of a fully completed Notice, the parties agree to negotiate in good faith for a period of sixty (60) days in an effort to informally resolve the Dispute. At times, a telephone conference might be helpful to facilitate the resolution of a Dispute. If the party receiving the Notice requests a telephone settlement conference, you agree to personally participate (with your counsel if you are represented) and we agree that a Grandin Road representative will personally participate (with our counsel if we are represented). If the parties are unable to resolve the claim within sixty (60) days after receipt of a fully completed Notice, you or we may then pursue a claim in arbitration or in small claims court. Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating any formal proceeding in arbitration or in small claims court. Any applicable limitations periods (including statutes of limitations) shall be tolled while the parties complete this Mandatory Informal Dispute Resolution Process. A court of competent jurisdiction shall have the authority to enforce this Mandatory Informal Dispute Resolution Process and to enjoin the filing, prosecution of arbitrations, the assessment, and collection of any arbitration fees. Notwithstanding the foregoing, a party may also elect to raise non-compliance with this provision in arbitration, including with a process arbitrator or merits arbitrator if applicable.
• Arbitration Process. Either you or we may start an arbitration proceeding after completion of the Mandatory Informal Dispute Resolution Process set forth above. If you are initiating arbitration, you must send a letter requesting arbitration and describing the Dispute and relief sought consistent with the requirements below to our registered agent, Corporation Service Company (“CSC”), to begin arbitration. Please find below the Pennsylvania address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website): Grandin Road, Inc., Corporation Service Company, 2704 Commerce Drive, Suite B, Harrisburg, PA 17110, Attn: Legal Department. If we are initiating arbitration, we must send a letter requesting arbitration and describing the Dispute and relief sought consistent with the requirements below to the mailing address and/or email address we have on file for you. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA's Consumer Arbitration Rules and Supplementary Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA's administrative determination that this arbitration agreement comports with the Consumer Due Process Protocol is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Mandatory Informal Dispute Resolution Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may request to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more, or injunctive relief, shall have a video or in-person hearing unless the parties agree otherwise. You and a Grandin Road representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one (1) person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
• Arbitration Fees. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
• Additional Procedures for Mass Arbitration. You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If twenty-five (25) or more similar Disputes (including yours) are asserted against Grandin Road by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, terminated, or opted out of arbitration pursuant to this provision.
• STAGE ONE. If at least one hundred (100) Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Grandin Road shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the one hundred (100) (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Grandin Road shall pay the mediator's fee.
• STAGE TWO. If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Grandin Road shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Grandin Road shall pay the mediator's fee.
• Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment and collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
• Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change: Grandin Road, Inc., Attn.: General Counsel, 5566 West Chester Road, West Chester, Ohio 45069. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Grandin Road in accordance with this version of the arbitration agreement.

Class Action Waiver; Jury Trial Waiver

You and Grandin Road each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

To the fullest extent permitted by law, you and Grandin Road waive the right to a jury trial.

Governing Law and Venue

Access to or use of the Grandin Road Services shall not be construed as Grandin Road 's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the state of Ohio. These Terms, and any claim or action arising out of or relating to these Terms, shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to conflicts of law provisions. If any claim or action proceeds in court rather than through arbitration or for any action that seeks to enforce or challenge the enforceability of the Dispute Resolution section (including the arbitration agreement, class action waiver, or jury trial waiver) or any provision of the Terms, sole and exclusive jurisdiction for any such claim or action shall be in the state courts of the state of Ohio for the County of Butler and the federal courts for the Southern District of Ohio. You and Grandin Road consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court. Notwithstanding the above, in any claim or action alleging personal injury or property damage caused by products you purchase from Grandin Road, Grandin Road reserves the right to apply the product liability law (including any product liability defenses) of your state of residence.

Your Access to Grandin Road Services

When you use the Grandin Road Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Grandin Road Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Grandin Road sells products, including children's products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Grandin Road Services only with the involvement of a parent or guardian. Grandin Road reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Grandin Road Services. In the event that Grandin Road denies you access to one or more Grandin Road Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA"), Grandin Road has designated an agent to receive notification of alleged copyright infringement occurring on the Grandin Road Services:

DMCA Notification Agent
Attn: Legal Department
HSN, Inc.
1 HSN Drive
St. Petersburg, Florida 33729
E-mail: dmca.notification@hsn.net

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement be in writing. For Grandin Road to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Grandin Road of an alleged copyright infringement, you should:

1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Grandin Road Service are involved, please provide a representative list of such works on that Grandin Road Service.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit Grandin Road to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
5. Certify that the information that you have provided Grandin Road is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include your physical or electronic signature.

Grandin Road may not be able to act on your complaint promptly or at all if you do not provide this information.

Miscellaneous

These Conditions contain the entire understanding of you and Grandin Road with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Grandin Road with respect to the subject matter hereof. The failure of Grandin Road at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Grandin Road to thereafter enforce each and every provision of these Conditions. No waiver by Grandin Road of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.

These Conditions will be governed by and construed in accordance with the internal laws of the State of Ohio without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Ohio, Butler County, or of the U.S. District Court for the Southern District of Ohio , and Grandin Road and you consent to the personal jurisdiction and venue of such courts.