Terms and Conditions of Use
TERMS AND CONDITIONS OF USE
BY ACCEPTING THESE TERMS AND CONDITIONS OF USE EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU REPRESENT THAT YOU AGREE WITH THESE TERMS. WE RESERVE THE RIGHT TO UPDATE, MODIFY, OR CHANGE THESE TERMS AT ANY TIME. PLEASE REVIEW THESE TERMS REGULARLY TO ENSURE YOU UNDERSTAND THEM.
Last Updated May 1, 2024
1. Definitions.
1.1 "Grover," "We," "Us" or "Our" means Grover Tech, Inc. and Our affiliates (including Grover Tech, Inc.), Our related and affiliated companies, and/or any current or former employee, officer, or director of Grover.
1.2 "Service" means this Site, the Grover phone app, and any and all content, software, data, information and materials contained herein and transactions completed thereon.
1.3 “Site” means this web page (www.grover.com).
1.4 "Third Party Content" means certain third-party content, tools, features, analysis, materials, sites, services or advertisements which Grover makes available on or through this Service, or to which Grover links on any Sites but for which Grover is not responsible.
1.5 "You" or "Your" means the individual who is authorized to use the Service, and who has been supplied user identifications and passwords to a specific User Account.
1.6 “Data” means the information, which may include personal information, that You submit to Grover in the course of accessing the Services. Use of Your Data is governed by the terms set forth in the Grover Privacy Policy.
1.7 “Terms” means, collectively, these terms and conditions, the Grover Privacy Policy, and any Additional Terms (defined below).
1.8 “Additional Terms” means Terms of Service that supplement these Terms, including the Drone and e-Scooter Supplemental Terms, Return Policies, and any other set of applicable policies or conditions as made available to You from time to time.
1.9 “User Account” means the personal You registered on the Site or app in order to place an offer for a Product rental.
1.10 “Order Confirmation” means the formal email acceptance of Your offer to Grover, which includes the applicable Fees. This is a binding contract with Grover.
1.11 “Product/s” means the items offered by Grover to rent to You, as made available on the Site and updated from time to time.
1.12 “Rental Period” means the chosen period of time You have selected to rent a specific Product, as stated in Your Order Confirmation. The Rental Period begins upon the receipt of the Product(s) by You and will, on a rolling basis, be Your Fee payment date.
1.13 “Fee/s” means the total amount due each month of an active Rental Period, for each Product and is exclusive of all taxes or shipping costs.
2. Terms of Use
2.1 Terms. All terms and conditions on this Site, including the Additional Terms and the Privacy Policy, are incorporated into these Terms by reference. These Terms set forth the entire, final and exclusive agreement between Grover and You with respect to Your Use of, and access to, the Service and Product(s), and supersedes all previous oral and written terms, representations, or understandings concerning Your use of, and access to, this Service. Your use of the Site, including the creation of a User Account, constitutes acceptance of the Terms. Grover will not provide any services or provide any benefit to You to the extent that their provisioning would violate applicable law or expose Grover to any UN Security Council Resolutions or applicable economic sanctions, laws or regulations.
2.2 User Account; Set Up. To use the Service, You must register for and maintain an active User Account, which requires a valid debit or credit card, as well as other requested information. The Data provided must be true, accurate, complete, and updated as needed. Each User Account is personal to the registered individual only and You are responsible for all activity that occurs through it. The parties agree that these Terms may be electronically signed. Electronic signatures or symbols will be the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
2.3 Your Information. As part of Your use of the Services, You will be required to submit certain information, such as personal information, and payment information. The collection and use of that information submitted in connection with the Services, including for marketing and other communications, is set forth in the Grover Privacy Policy, available at https://www.grover.com/us-en/g-about/privacy-policy. Grover may update this Privacy Policy from time to time. As specified therein, We have the right to provide information about You or Your various account details (like billing, account content, or use records and related information) if required by law (which may include mandatory data sharing with governments), and/or to protect Our rights or business.
2.4. Consent to Communications; Opt-out. By providing your phone number, you consent to receiving communications such as transactional calls, texts, and similar messages from Grover or its service providers. Standard voice and data rates may apply, and Grover is not responsible for any charges to you for these messages. You may opt-out of receiving these messages at any time by replying “STOP” to any text. You may also opt-in to receiving push notifications through the Service, and may opt-out by changing your settings at any time.
3. Ownership; Licenses
3.1 Grover. As between Grover and You, and subject to Your right, title and interest in Data You submit through this Service or otherwise provided to Grover, Grover owns and reserves all right, title and interest in and to the Service, including all related intellectual property rights subsisting therein. We grant no rights to You hereunder other than as expressly set forth below. This Service and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. “Grover” and all Our other trademarks and service marks are the property of Grover. Grover’s trademarks and trade dress may not be used in any form without the prior written consent of Grover, and any use shall be subject to Grover’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by Grover that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Grover. Using Our Services does not give You ownership of any intellectual property rights in Our Services or any content You access, and except for the limited license granted to You above, all rights therein (including all intellectual property) belong to Us or Our licensors. You may not use content from Our Services without Our express prior permission or as otherwise permitted by law. You agree to protect the proprietary rights of Grover and to comply with all reasonable written requests made by Grover or its third party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Service.
3.2 Your License Grant. Subject to these Terms, We grant You a limited term, non-exclusive, non-sublicensable, revocable, non-transferable (except as provided for herein) license to access and Use the Services, which includes Use of the Product. Such rights are for Your personal, noncommercial Use only. Any rights not expressly granted herein are reserved by Us and Our licensors.
3.3 Third-Party Content. Third Party Content is not maintained or controlled by Grover, and as a matter of policy, Grover does not independently verify, prescreen or monitor any such Third-Party Content. While We believe the Third-Party Content is from reliable third-party sources, We are not responsible for the availability, security, content, completeness, adequacy, utility or accuracy of such Third Party Content. Certain Third-Party Content is subject to additional specific terms and conditions which can be found in applicable areas of the Site. You acknowledge and agree that Your Use of such Third-Party Content is subject to all these terms. Service features that interoperate with Third Party Content depend on the continuing availability of such third-party services, and if those relevant third-party providers cease to make the services or materials available on reasonable terms for the Services, We may cease providing such interoperability features. Third-Party Content is controlled by the associated third-party provider, who may have different terms of Use and privacy policies. It is Your responsibility to verify Your compliance with, and acceptance of, those terms.
4. Rentals; Payment Obligations
4.1 Order Submission. Grover makes a range of third-party Products available for rent to You through the Site. These can only be rented through an active User Account. By selecting the Product and the desired Rental Period, an offer is submitted to Grover when “confirm order” is affirmatively selected by You. This offer, which displays the associated Fees, is only deemed accepted by Grover upon Your receipt of the Product.
4.2 DISCLAIMER. PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. Grover reserves the right to change its prices for future subscriptions and/or Our billing methods, effective going forward, upon posting on the Site or by email notice to you.
4.3 Order Acceptance Policy. Grover reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. As part of the order approval process, We may require additional verifications or information before accepting any order. The Order Confirmation email is Your binding contract with Us, and includes the applicable terms and conditions valid to Your order. A digital timestamp is created when Your order is approved by Us. Notwithstanding the foregoing, You agree that if We cancel all or a portion of Your rental prior to Your receipt of the Product, Your sole and exclusive remedy is either that: (a) We will issue a credit to Your payment method for the amount charged for the canceled portion or the quantity not provided (if Your payment method was charged for the order); or (b) We will not charge Your payment method for the canceled portion of the order or the quantity not provided. A cancellation or change of an order done by Grover will be communicated via email or Your User Account.
4.4 Title. Title to each rented item remains with Us during the Rental Period.
4.5 Dispatch; Delivery. Once payment is authorized and processed, the Product will be dispatched to You. You are not charged for the time between placement of the order and receipt of the Product; Your Rental Period begins on the date of receipt of the Product. Each month of Your Rental Period is paid in advance, chargeable on the rolling anniversary date of Your receipt of Your Product. For the sake of clarity, the risk of loss passes to You upon Our delivery of the item to the carrier (both for the initial shipment and for any return shipments from Us to You). For returns from You to Us, risk of loss passes to Us upon our receipt of the rental item from the carrier.
4.6 Rental Periods. Grover offers a fixed subscription model for a variety of months. PLEASE NOTE that all fixed subscriptions will automatically renew and convert into a month-by-month rental unless you cancel your rental in accordance with the cancellation process below. You may be offered a fixed-term extension of your Rental at favorable pricing. Should you affirmatively select this, your contract with Grover will restart (i.e a new contract, not a renewal). This new Rental Period will then be subject to the same automatic renewal conditions set forth herein. Should you have any questions about the automatic renewal of your rental, please contact us at [email protected].
4.7 Termination of Rental Period.
4.7.1 Early Termination By You. If You are not fully satisfied with a rental from the Site, You may return the Product in its original packaging within fourteen (14) calendar days of delivery for a full refund. Additional Terms may apply.
4.7.2 By Grover, with immediate effect, for good cause. Grover is entitled to automatic termination where You have defaulted on payment for more than two months. If You have rented several Products and You are delinquent or have breached the Terms for one Product, Grover reserves the right to unilaterally terminate the remaining Rental Periods. A non-exhaustive list of actions that could trigger termination by Grover for good cause includes a breach of these Terms; willfully damaging a Product; transferring the Product to an unaffiliated third-party; using a rented Product to commit a criminal offense; or Your failure to pay the Fees due.
4.7.3 Termination for Convenience. Both parties have the right to terminate the Rental Period with four weeks' notice at the end of each contractual month for convenience, but, if a minimum term has been agreed, at the earliest at the end of the agreed minimum contract term. For clarity, in case your contract would renew in accordance with 4.6., Grover may provide four weeks’ ’ notice to the end of the month of Your Subscription (either fixed or monthly) of its intent not to renew, at which point Your Subscription will terminate at the end of your Subscription without renewal and You must return the Product.
4.7.4 Cancellation Process. You may cancel Your Rental Period in the Your customer portal by pressing the "End Your Rental" button and then returning the Product. The cancellation becomes effective upon receipt of the Product(s) by Grover. You will be responsible for, and Your credit card or third-party payment account may be charged for, the payment of all Fees associated with orders already processed or shipped before Your cancellation/change request or a request to terminate received. If Grover terminates a Subscription, You are obliged to return the Products, including all accessories, to Grover without delay. If Grover has charged Your payment method prior to either party’s cancellation, We will issue a credit to Your User Account in the amount of the charge.
4.7.5 Return Process. It is Your responsibility to return the Product in the condition in which You received it, subject to Section 6.3 below; in particular, please remove password protection, Your personal account (if linked) or any other impediments that excludes or impairs Grover’s access. Unless You unlock your device, You will not be provided a prepaid return shipping label in Your User Account, and will continue to be billed on a monthly basis.
5. Payment.
5.1 Process. All payments for rented Products must be made by Visa, MasterCard, Discover, American Express, or Paypal through Your User Account. We may put a temporary hold on Your debit/credit card account to verify Your payment information is still valid and/or to verify Your debit/credit card has the necessary funds to cover the Fees. Pre-authorization is not a charge to Your account, it is a hold on those funds. You should contact Your bank or card issuer if You have questions about when a pre-authorization amount will be removed from Your statement. By submitting billing information to Us, You hereby agree that You authorize Our payment processors to charge Your card at Our convenience but within thirty (30) days of the Order Confirmation. For each Product rental made on the Site, You agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service You select, if any) for the duration of Your Rental Period, as of the date of the Order Confirmation. Fees will be charged to a payment method in Your User Account. We will automatically charge and withhold the applicable taxes as required by law. All payments to Us are made through third-party payment processors.
5.2 Declined Payment. If Your payment method expires and/or is no longer valid, and You do not update Your information, You authorize Us to continue billing Your payment method once per week until processed, We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. For the first payment of any rental cycle, if Your payment is declined, Your order will be automatically canceled, and You should submit another offer using a valid payment method. If Grover does not receive payment, You agree to pay all amounts due upon demand by Grover or its agents and You will remain liable for all such uncollected amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, reasonable attorneys’ fees, and arbitration or court costs.
5.3 Delinquent Accounts. In certain instances, we may send Your overdue payments (Fees) to a debt collections agency: for all unpaid and/or past due Fees for a Rental Period as set forth on your Order Confirmation, we may send Your account to a debt collections agency to recoup those Fees. Additionally, should You fail to return a Product following expiration of Your Rental Period, Your outstanding balance, if any, and the full market value of the Product will be transferred to a debt collections agency.
5.4 Legal Authorization; Discrepancies. You agree that You will not use any credit card or other form of payment unless You have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify Grover of any discrepancies within forty-five (45) days after they first appear on Your credit card statement, You agree that they are deemed accepted by You for all purposes.
6. Restrictions on Use.
6.1 Account Use Limitation. You acknowledge and agree that Your User Account is for individual use only. You shall not disclose or share any ID(s) or password(s) Used to access this Service and/or Your User Account, and You acknowledge You are responsible for all activity that occurs under Your ID(s) and password(s). You agree to notify Grover in writing upon becoming aware of any unauthorized access or Use of Your User Account by any unaffiliated party. During the Rental Period, You are prohibited from assigning the Use of the Products to a third party without the prior written consent of Grover; in particular, You may not sell, give away, rent or loan the Products, except that direct family members may freely use subscribed-to Products. Please do not obscure or alter any legal notices displayed in, along with or in connection with Our Services.
6.2 Restrictions of Website and Account Use. In addition, You agree not to: (a) Use or access the Site for any purpose that is unlawful or prohibited by these Terms, or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third party privacy rights; (b) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service; (c) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Grover without express written consent; (d) Make any commercial or non-fair Use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Grover or any of Our third party licensors without the express written consent of Grover; (e) Use or access the Site in a manner that could damage, disable, overburden, or impair any Grover server or the networks connected to any Grover server; (f) Interfere with any third party's use and enjoyment of the Service; (g) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Grover server through hacking, password mining, or attempt to bypass any of Our security measures to access the Services, or placing unreasonably large loads on Our Services’ infrastructure; (h) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); (g) Modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, or any portion thereof from or linked to the Service, except with the express written consent of Grover or its third party licensors; (h) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
6.3 Restrictions on Product Use. You shall: (i) have sole responsibility for the legal and appropriate Use of any Products You rent on the Site; (ii) comply with all applicable laws (including but not limited to export laws) in Using the Product or the Service; and (iii) Use the Service solely in accordance with any online User guides or instructions for each Product as made available on or through Your User Account.
6.3.1 Damage. We expect that, other than normal wear and tear, You will return the Product(s) in the same condition in which You received it. If You damage it (accidentally or intentionally), You are responsible for the associated costs, if any, in accordance with Subsection 6.3.3. “Grover Care”, below. For behavior We reasonably believe to be criminally negligent, We also reserve the right to take any action against You that the law allows, including holding You liable for the value of the Product.
6.3.2 Accidents or Damage to Products Generally. You must report any significant damage, personal injury or crash (if applicable), or a stolen or lost Product (a “Damage Report”) to Us within forty-eight (48) hours of the accident or incident, or, in the event You are injured, as soon as reasonably practicable following the accident or incident, which must include a brief description of the circumstances and details. Please note you may be requested to return Your Product within a reasonable period of time following the submission of the Damage Report. If an incident involves personal injury or a stolen Product, You must also file a report with the local police department within 24 hours of the incident (or, in the event You are injured, as soon as reasonably practicable following the incident).
6.3.2 Grover Care. Grover Care may be purchased as an add-on to a Product. Damages that are covered in the Grover Care packages include: display/optical damages, technical damages, and frame/housing damages, as well as any regular wear and tear (“Damage/s”). Grover Care does not include: damage that is beyond economic repair (BER), use of the Product that is inappropriate and results in damage, or damage due to bodily fluids, or if the Products are lost, stolen, or intentionally damaged. In those instances, You will be liable for the residual value of the Item. The residual value is defined as the market price of the Product at the time of valuation. You are also liable for the Product’s rental cost for the month in which the Damage was reported. PLEASE NOTE that Grover Care is only valid for Products returned to Grover for repair; any and all third-party repairs will not be reimbursed. Grover Care may be used twice in the 12-month period for each Product it is purchased for, and it is inseparable from the Rental Agreement. If you elect to not purchase Grover Care, you are liable for 100% of the Damage; however, if this exceeds the residual value of the Product, the residual value will be paid instead (this also applies to any theft/loss/intentional misuse). Additional special terms may apply to specialty items, such as drones or e-mobility.
The Grover Care packages currently offered are:
Tier 1: 50% coverage, whereby you are only liable for 50% of the Damage;
Tier 2: 90% coverage, whereby you are only liable for 10% of the Damages.
7. Insurance.
7.1 All individual Users must purchase sufficient insurance if statutorily required in the jurisdiction they reside in, and for the Product they are renting.
8. Warranties; Disclaimers.
8.1 Your warranty. You hereby represent and warrant that (a) You are at least 18 years of age; (b) You have the authority to enter into these Terms.
8.2 Disclaimers. Although Grover has used reasonable efforts to ensure that the description (including images) of the items available to rent are accurate and up-to-date, such descriptions may be provided by the manufacturer and may be only representative of the item available. THE DESCRIPTIONS ARE PROVIDED “AS-IS” AND GROVER MAKES NO EXPRESS OR IMPLIED WARRANTIES INCLUDING OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, REPRESENTATIONS, OR GUARANTEES REGARDING THE DESCRIPTION PROVIDED. THE ACCURACY OR COMPLETENESS OF PRODUCT INFORMATION IS NOT GUARANTEED AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND SELECTING PRODUCTS AND DETERMINING WHETHER EACH PRODUCT IS FIT FOR A PARTICULAR PURPOSE AND SUITABLE FOR YOUR USE. PRODUCTS ARE NOT MANUFACTURED TO ANY INDIVIDUAL REQUIREMENTS OR SPECIFICATIONS. NO LICENSE UNDER ANY GROVER OR THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IS GRANTED OR IMPLIED WITH THIS PRODUCT INFORMATION. YOUR SOLE REMEDY FOR A PRODUCT BEING MATERIALLY INACCURATELY DESCRIBED IS TO RETURN IT IN UNUSED CONDITION, COMPLETE AND UNDAMAGED, IN THE ORIGINAL PACKAGING, AND HAVE GROVER REPLACE THE PRODUCT. TO THE EXTENT PERMITTED BY LAW, GROVER EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
9. Limitation of Liability.
GROVER SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED SITE. THE AGGREGATE AMOUNT OF DIRECT DAMAGES THAT GROVER WILL PAY YOU FOR CLAIMS UNDER THESE TERMS IS THE TOTAL FEES PAID TO GROVER BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of these Terms may not apply to You. This section will survive termination of these Terms.
10. Indemnification.
You shall defend Us against any claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries or payments for injury to any person or property caused or claimed to be caused by You which is made or brought against Us by a third party arising out of (i) Your Use of the Services or Products (including the payment of fines and other fees in Section 5 above), (ii) Your breach or violation of any of these Terms or any applicable law, (iii) Grover’s lawful Use of Your Data or (iv) Your violation of the rights of any third party. Grover reserves the right to assume the exclusive defense of any claims or lawsuits, and You agree not to settle any of the foregoing without Grover’s prior written consent. You agree that the obligations in this Section will survive any termination of these Terms, Your User Account or Your access to Our Services generally.
11. Assumption of Risk; Waiver and Release of Claims.
Assumption of Risk; Waiver and Release of Claims. THIS SECTION CONTAINS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK AND WAIVER AND RELEASE OF LIABILITY AGAINST GROVER. YOU ARE FREE TO DECLINE OUR SERVICES/PRODUCTS IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN. You volunteer to Use Our Services and Products with full knowledge of all RISKS and agree to the ASSUMPTION OF RISK AND WAIVER AND RELEASE OF CLAIMS; YOU DO NOT HAVE TO USE OUR PRODUCTS OR SERVICES. It is Your responsibility to Use Our Services and Products safely. IN CONSIDERATION FOR USING OUR SERVICES/PRODUCTS, YOU, OR THE PERSON OR ENTITY ON BEHALF OF WHOM YOU ENTERED INTO THESE TERMS, OR YOUR LEGAL GUARDIAN (IF HE/SHE REGISTERED AND CONSENTED TO YOUR USE IF YOU ARE A MINOR) AGREE TO THE FOLLOWING:
11.1 TO ASSUME ALL RISKS: You acknowledge that (a) there are risks associated with the Use of Our Services/Products (b) the Products may be used by other people both before and after Your use of such Products; (c) Your use of certain Products may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH. By Using Our Services, You, on behalf of Yourself, Your personal representatives and Your heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES/PRODUCTS for any such injuries, losses, and/or damages.
11.2 WAIVER AND RELEASE OF CLAIMS: You, on behalf of Yourself, Your personal representatives and Your heirs, hereby EXPRESSLY AGREE TO WAIVE AND RELEASE GROVER FROM ANY AND ALL CLAIMS (INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS), INCLUDING WITHOUT LIMITATION CLAIMSFOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING OUR SERVICES OR PRODUCTS. The WAIVER AND RELEASE includes any claims for injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH.
11.3 If You have any questions concerning the terms of the Assumption of Risk or Waiver and Release of Claims, contact Us at [email protected]
12. Governing Law
These Terms, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms or the negotiation, execution or performance of these Terms shall be governed by the laws of the State of Florida, including its statutes of limitations but excluding its conflict of laws provisions. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA) are specifically excluded from application to these Terms.
13. Remedies; Arbitration; Venue.
13.1 Statute of Limitations. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, USER ACCOUNT, OR PRODUCT MUST BE BROUGHT WITHIN ONE (1) CALENDAR YEAR AFTER THE CAUSE OF ACTION AROSE.
13.2 Injunctive Relief. You acknowledge and agree that any violation of the Terms relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service, including for the sake of clarity, information provided in Your User Account, by Grover or by third party-licensors, may result in irreparable injury and damage to Grover that may not be adequately compensable in money damages, and for which Grover will have no adequate remedy at law. You acknowledge and agree that Grover may pursue injunctive or other equitable relief at any time from a court of competent jurisdiction without the need to post a bond or other security.
13.3 IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN THIS SECTION, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, SUBJECT TO THE CAVEATS BELOW. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.
13.4 Covered Claim. Should a Covered Claim (as defined below) arise out of or relating to these Terms, the parties shall engage in binding arbitration conducted in accordance with the then-current Commercial Dispute Rules of JAMS/Endispute (“JAMS”) strictly in accordance with the terms of this Agreement and the substantive law of the State of Florida, without regard to its conflict of laws principles. The arbitration shall be held at the office of JAMS located in Miami-Dade County, Florida, and it shall be conducted by one arbitrator, pursuant to JAMS arbitration rules, and shall be conducted in accordance with JAMS’ Optional Expedited Arbitration Procedures. The binding arbitration shall be at the parties’ joint and equal expense, except that costs and reasonable attorneys’ fees will be awarded to the prevailing party upon conclusion.
13.4.1 Definition. A “Covered Claim” is defined to include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Services, or Site. Notwithstanding the foregoing, (i) Covered Claims will exclude: (a) any claims that cannot be required to be arbitrated as a matter of law; (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders; and (c) small claims actions demanding $10,000 or less, within a small claims court’s jurisdiction (together, the “Excluded Claims”). In no event will Covered Claims be joined with Excluded Claims and litigated in court unless Grover agrees to waive arbitration.
13.5 Class Action Waiver. Except as otherwise required under applicable law, You and Grover agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.
14. Term; Termination.
Our relationship will begin on the date You accept these Terms through the creation of a User Account or Your Use of this Site, and continue until terminated by either of Us as set forth herein. You may terminate Your Use of the Site without cause at any time upon written notice to Us; however, Your obligations will exist for the duration of Your Rental Period and all outstanding payment obligations derived from Your Rental Period will remain due and payable. Additionally, upon death or incapacitation, Your obligations under this Agreement will terminate upon notice. All sections that must survive to fulfill their essential purpose shall survive any termination or expiration of these Terms.
15. Miscellaneous.
We may assign Our rights and obligations under these Terms, but these Terms may not be assigned by You without Our prior written consent. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
16. Changes to this Agreement
Grover may modify this Agreement at any time by posting a revised version at https://www.grover.com/us-en/g-about/terms-and-conditions The modifications will (i) be effective when posted for all new Rental Periods, or (ii) effective immediately upon the start of the next Rental Period chosen (including an automatic renewal). In either case, if You object to the updated Agreement, as Your sole and exclusive remedy, You may choose to terminate your Rental and return all items. For the avoidance of doubt, any Rental Period is subject to the version of the Terms in effect at the time of the Order Confirmation.