GRAMMER LOGISTICS TERMS OF USE

This policy states the Terms of Use (the “Terms” or the “Agreement”) under which any user (“User” or “you”) may use Grammer Logistics and its affiliates’ websites located at www.grammerlogistics.com (the “Website”). Please read this policy carefully, as it sets forth the legally binding terms for your use of the Website. By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and accepted these Terms of Use. If you do not accept any of the Terms stated here, you must not use the Website. The right to access and use the Website is not transferable to any person or entity. Grammer Logistics may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

The use of this Website is intended for adults only. Grammer Logistics does not target its services or this Website to children or knowingly collect information from individuals who are not of legal age in their jurisdiction. 

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.

1. Changes to the Website

Grammer Logistics may, in its sole discretion, occasionally modify, amend, or otherwise update these Terms. Any such changes shall be effective immediately upon their posting on the Website. Following the posting of such changes, your continued use of the Website will constitute your acceptance of these Terms and any additional policies, as modified, and you will be bound by such changes. Grammer Logistics shall not be liable to any User or to any third party for any such modification, suspension, or discontinuance.

2. General Disclaimer

ALTHOUGH GRAMMER LOGISTICS BELIEVES THE INFORMATION POSTED ON THIS WEBSITE TO BE CORRECT AT THE TIME IT IS POSTED, GRAMMER LOGISTICS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE INFORMATION ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION REPRESENTATIONS AND WARRANTIES AS TO THE ACCURACY, RELIABILITY, CURRENCY, VALIDITY, OR COMPLETENESS OF THE CONTENT OF THE WEBSITE. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. GRAMMER LOGISTICS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT GRAMMER LOGISTICS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

The content of this Website may contain inaccuracies or typographical errors. Advice or information received via this Website should not be relied upon for personal, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.

3. Limitation of Liability

USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. IN NO EVENT SHALL GRAMMER LOGISTICS AND/OR ITS SUPPLIERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF GRAMMER LOGISTICS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR GRAMMER LOGISTICS WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) THEN YOU OR GRAMMER LOGISTICS MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE WAIVED AND TIME BARRED. Commencing means, as applicable: (a) by delivery of written notice as described in these Terms; and/or (b) filing for arbitration as set forth in these Terms in Section 11 below. 

4. Third-Party Websites

This Website may provide links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Grammer Logistics of the contents on such third-party websites. Grammer Logistics is not responsible for the content of linked third-party sites, exercises no control over such websites or web-based resources, and does not make any representations regarding the content or accuracy of materials on such third-party websites. Grammer Logistics shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any User in connection therewith. You acknowledge that your use of third-party websites is at your sole risk.

5. Restrictions On Use

You agree not to do (or help others to do) the following:

• Attempt to gain unauthorized access to, or breach the security or authentication measures of, any portion of this Website, or any other systems or networks connected to this Website or any Grammer Logistics server;
• Obtain any materials, documents, or information through any means not purposely made available through this Website;
• Interfere or attempt to interfere with the proper working of this Website or any transaction being conducted on this Website, or with any other person’s use of this Website;
• Pretend that you are, or that you represent, someone else, or impersonate any other person;
• Frame, link to, or screen scrape this Website without Grammer Logistics’ express permission;
• Reproduce or redistribute any code contained on this Website without Grammer Logistics’ express permission;
• Use this Website or any of its Content for any purpose that infringes upon, misappropriates, or violates the rights of any person, or that encourages or effects harmful or illegal activity; or
• Transmit any content that (a) violates or infringes the rights of others, (b) is unlawful, threatening, abusive, defamatory, vulgar, obscene, or profane, (c) encourages conduct that would constitute a criminal offense or give rise to civil liability, or (d) contains any virus, trojan, back door, logic bomb, or any other form of malicious code.

Grammer Logistics reserves the right to suspend or terminate your access to the Site for any reason, at its sole discretion.

6. Intellectual Property

All information, content, services, and software displayed on, transmitted through, or used in connection with this Website, including photographs, images, trademarks, logos, text, graphics, audio, video, and other material (collectively, the “Content”), as well as its selection and arrangement, is owned by Grammer Logistics and its affiliated companies, licensors, and suppliers. The Content may be protected by copyright under both United States and foreign laws.

You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice from such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. This authorization does not include any right to resell, distribute or otherwise exploit the Website or its contents or to engage in any other derivative use of the Website or its contents, including any downloading or copying of information for the benefit of any merchant, or any use of data mining, robots, or similar data gathering and extraction tools. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Content will be permitted without the express permission of Grammer Logistics and the applicable copyright owner.

The trademarks, logos, and service marks (the “Marks”) displayed on the Website are owned by Grammer Logistics or third parties. You are prohibited from using those Marks without the express, written permission of Grammer Logistics or the applicable third party. All rights reserved.

7. Indemnification

You agree to indemnify and hold Grammer Logistics, its officers, directors, shareholders, predecessors, successors, assigns, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including reasonable legal and accounting fees) made against Grammer Logistics by any third party due to or arising out of or in connection with your use of this Website or its Content, your breach of the terms of this Agreement, or your violation of any rights of a third party.

8. User Information and Privacy

Grammer Logistics is committed to maintaining your privacy. Grammer Logistics may gather certain information that you provide to the Website. We treat any personally identifying information you submit through this Website as confidential and do not sell your personally identifying information. We do not disclose any personally identifying information to third parties except under strict contracts involving customer service or the enhancement of our programs, or as may be required by applicable law.

When you visit our Website, we may automatically collect certain non-identifying information about you, such as the type of browser or operating system you use, the domain name of the website from which you linked to us, the domain names of visitors, and the number of visits, pages visited, and average time spent on the site. We may store some information on your device as a “cookie” or similar type of file. We use this information internally to help enhance the efficiency and usefulness of the Website. If you object to this, please consult your browser’s documentation for information on erasing or blocking cookies.

Notwithstanding any other statements herein, Grammer Logistics reserves the right to disclose any information in its possession if required to do so by law, or if it believes, in good faith, that such disclosure is necessary to comply with the law, defend its rights or property, or respond to an emergency situation.

For further details on Grammer Logistics’ privacy practices, please read our Privacy Policy.

9. Termination

Grammer Logistics, in its sole discretion, may terminate your use of this Website if you use this Website or its Content in any way that is contrary to law or these Terms of Use, or in any way that disrupts this Website or Grammer Logistics’ services. Grammer Logistics reserves the right to modify, suspend, or terminate operation of or access to this Website or its Content, or any portion thereof, at any time.

10. Governing Law 

Except as relates to arbitration as required below or with respect to the enforcement of an arbitration decision or award, any dispute with respect to the Website shall be governed by the laws of the State of  Indiana, without respect to its conflict of laws principles. 

11. Dispute Resolution, Binding Individual Arbitration, And Waiver of Class Actions and Class Arbitration

PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING INDIVIDUAL ARBITRATION, AMONG OTHER THINGS.

Dispute Resolution. In the unlikely event that a dispute arises that cannot be resolved through customer service, you and Grammer Logistics (or “We” or “Us”) agree to this dispute resolution agreement. If any controversy, allegation, or claim arises out of or relates to the Website, your relationship with us, any content on the Website (including but not limited to copyrighted materials and intellectual property), these Terms or any other policies or agreements between you and Grammer Logistics, whether based in contract, statute, regulation, ordinance, tort—including, but not limited to, fraud, any other intentional tort or negligence—common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory (including, but not limited to, claims related to advertising, marketing, and communications practices), whether arising before or after the effective date of these Terms (a “Dispute”), excluding claims pertaining to any of Grammer Logistics’ actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to make a good faith effort to resolve the Dispute informally prior to initiating a formal arbitration proceeding.

If you or we intend to initiate an arbitration proceeding, you or we must first send a written notice to the other providing a detailed description of the Dispute; your name and contact information (address, telephone number, and email address) or our contract information; sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims, and (2) the nature and basis of the relief sought, with a detailed calculation for it. Your notice to us must be personally signed by you (and your attorney if you are represented). Our notice to you will be personally signed by a Grammer Logistics representative (and our attorney if we are represented). If requested by us in connection with a notice initiated by you, you must personally appear at and participate in an individualized telephone settlement conference (if you are represented by an attorney, your attorney may also participate) to discuss the Dispute in a good faith effort to resolve it.  If requested by you in connection with a notice initiated by us, a Grammer Logistics representative must personally appear at and participate in an individualized telephone settlement conference (if we are represented by an attorney, our attorney may also participate).

Your notice to us must be sent via email to: pricing@grammerlogistics.com. Our notice to you will be sent to you based on the most recent contact information that you have provided to us. If no such information exists or if such information is not current, then we have no obligation under this section. For a period of sixty (60) days from the date of receipt of a fully completed notice from the other party, Grammer Logistics and you will engage in a good faith dialogue in order to attempt to resolve the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the fully completed notice (which period can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is a condition precedent to initiating arbitration. The party initiating arbitration must include as part of the demand for arbitration a personally signed certification of compliance with the informal dispute resolution process (if you initiate arbitration, then the certification must be signed by you and by your attorney, if you are represented; if we initiate arbitration, then the certification must be signed by a Grammer Logistics representative and our attorney, if we are represented.). The sole exceptions to the requirement to arbitrate are that: (1) either party may elect to have individual claims heard in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction; and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any applicable statute of limitations shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.  A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Binding Arbitration. If we cannot resolve a Dispute as set forth above (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the fully completed notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND GRAMMER LOGISTICS (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.  THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE OR ADVERTISING AVAILABILE ON OR THROUGH THE SITE. “Dispute” shall be interpreted broadly.

The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes, including the “No Class Action Matters” set forth below. If you reside in the U.S. (and as applicable to U.S. residents), you agree that this constitutes a transaction in interstate commerce and certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the FAA.  You and Grammer Logistics agree that we intend this section to satisfy the “writing” requirement of the FAA.  BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY,  TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS. Grammer Logistics and you agree, however, that the applicable state, federal or provincial law, as contemplated herein, shall apply to and govern as appropriate, any and all disputes arising between Grammer Logistics and you without regard to any jurisdiction’s choice of law principles.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) except as modified herein, and the arbitration will be administered by the AAA consistent with this agreement.  If the AAA is unavailable or unwilling to administer the arbitration consistent with this agreement, then the parties agree that the arbitration will be administered by National Arbitration and Mediation (“NAM”) under its then-current rules as modified by this agreement.  If NAM is unavailable or unwilling to administer the arbitration consistent with this agreement, the parties will work together in good faith to agree on an arbitration administrator that will do so consistent with this agreement.  If the parties cannot agree on an arbitration administrator, then they will petition a court of competent jurisdiction to appoint one that will administer the arbitration consistent with this agreement.  The AAA rules are available at https://www.adr.org/Rules.  The NAM rules are available at https://www.namadr.com/resources/rules-fees-forms/. If you have any questions about how to access information about the AAA or NAM, please contact them.

To begin an arbitration proceeding, after satisfying the informal process identified above, you or we must (1) send a personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the dispute resolution process; and (3) contact the AAA, NAM, or the applicable court-appointed arbitration administrator and follow the appropriate procedures to commence the arbitration. Grammer Logistics and you, if you or we are represented by an attorney in connection with your or our arbitration demand, agree that any arbitration demand must also be signed by your or our attorney.  By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11.  Your demand for arbitration must be sent to us via email at pricing@grammerlogistics.com. Our demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to us.

Except as provided below, you may choose to have the arbitration conducted by phone, video, in-person or through written submissions, except any Dispute over $50,000 shall have an in-person or video hearing.  We reserve the right to request a hearing in any matter from the arbitrator. If you initiate arbitration, then you agree to personally appear at any in-person, video, or telephonic hearing (along with your attorney if you are represented).  If we initiate arbitration, then Grammer Logistics agrees to have a representative appear at any in-person, video, or telephonic hearing (along with our attorney if we are represented).  If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed location. The arbitrator shall be located in reasonable proximity to you or the mutually agreed location if a hearing is required or requested consistent with the above.

Arbitration fees shall be governed by the applicable arbitration administrator rules unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous, fraudulent or manufactured, or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); but if applicable arbitration rules or laws require Grammer Logistics to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then Grammer Logistics will have the right to elect to pay the fees and costs and proceed to arbitration. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award. 

The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and will determine any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. Except as expressly provided herein, all issues, including scope, are for the arbitrator to decide. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. This arbitration provision shall survive termination of these Terms or the Website

Notwithstanding the foregoing, either party may elect to have heard a qualifying claim or Dispute (but not Excluded Disputes) in small claims court of competent jurisdiction as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis).

Additional Procedures for Mass Arbitration. If your claim is part of twenty-five (25) or more similar claims asserted against Grammer Logistics by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and the resolution of your Dispute might be delayed.  You agree to the following staged process and application of the AAA Multiple Consumer Case Filing Fee Schedule (or NAM fee schedule).  Your counsel and Grammer Logistics shall each pick twenty-five (25) cases (per side) to proceed in individual arbitration proceedings as part of an initial staged bellwether process.  The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged bellwether process.  Each side may elect to have its cases for any given set of proceedings selected by it, by the AAA (or NAM), or randomly. The parties agree that after completion of the first set of fifty (50) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims. If the parties are unable to resolve the remaining cases after the conclusion of the initial fifty (50) proceedings, each side shall pick another twenty-five (25) cases (per side) to proceed to individual arbitration proceedings as part of a second staged bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged bellwether process.  Each side may elect to have its cases for any given set of proceedings selected by it, by the AAA (or NAM), or randomly. The parties agree that after completion of the second set of fifty (50) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims.  If the parties are unable to resolve the remaining cases after the conclusion of the second set of fifty (50) proceedings, this staged process shall continue, consistent with the parameters set forth above, except that the parties may elect to meet and confer to discuss increasing the number of cases to proceed in each set of staged proceedings or to otherwise modify the procedures to resolve the remaining claims as informed by the prior arbitration proceedings.  A single arbitrator shall preside over each case, and the same arbitrator may not be assigned to more than one case in any given set of 50 (or more should the parties agree) proceedings unless the parties agree otherwise. The arbitrators assigned to each set of proceedings shall not be identical.  This staged process shall continue, consistent with the parameters identified above, until all the claims included in the mass arbitration, including your case, are adjudicated, settled, withdrawn, or otherwise resolved. You agree that Grammer Logistics may request an in-person, video, or telephonic hearing from the arbitrator when your claim is selected to move forward as part of a staged process. If a hearing is required, you agree that you will personally appear (with your attorney if you are represented). The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this process from the time the first cases are selected for a staged process until the time your case is selected to proceed as part of a staged process, settled, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands.  The parties agree to participate in this process in good faith. Consistent with these additional procedures, the parties may elect to meet and confer, enter into a “cooling off” period, and/or further mediate any or all of the remaining claims at any time or to discuss and potentially agree to modifications to this process to ensure efficiency and an open dialogue throughout this process.

Injunctive Relief. The foregoing provisions of this section will not apply to any legal action taken by Grammer Logistics to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any content, copyrighted material, or other intellectual property rights associated with the Site, Grammer Logistics’ operations and/or Grammer Logistics’ products or services. 

Class Action Waiver. YOU AND GRAMMER LOGISTICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. You acknowledge and understand that this class action waiver is an essential part of this agreement. If, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for public injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. Notwithstanding any other provision of this section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “Class Action Waiver” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.  

Amendments to this Section. Notwithstanding any provision to the contrary, we agree that if we make future changes to this section (other than a change to the email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the email address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this section.

12. Severability and Entire Agreement

If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between you and Grammer Logistics with respect to the use of this Website.

13. Questions

If you have any questions about these Terms of Use, please contact us at: pricing@grammerlogistics.com