Terms of Service

These Terms of Service ("Terms") govern your access to and use of GridSite's services, including our website, data center development services, and related offerings (collectively, the "Services"). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not use our Services.

2. Description of Services

GridSite provides services related to the development, conversion, and operation of data center facilities. Our Services may include, but are not limited to:

• Site acquisition and evaluation
• Data center design and engineering
• Construction and development management
• Property conversion services
• Leasing and tenant placement
• Investment and partnership opportunities
• Information and resources provided through our website

3. Service Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.

4. User Accounts

Some of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to update your information as necessary to keep it accurate and complete.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

5. Service Fees and Payment

Certain Services may be subject to fees. When applicable, fees will be disclosed to you before you use the relevant Services. You agree to pay all fees in accordance with the payment terms presented to you at the time of purchase.

For ongoing Services, we may change our fees by providing you with advance notice. If you do not agree to the fee changes, you must stop using the relevant Services before the changes take effect.

6. Property Information and Submissions

If you submit property information or other content to us (including through our website forms), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for the purpose of evaluating your property, providing our Services, and marketing our Services.

You represent and warrant that you own or control all rights in and to the content you submit, and that such content does not violate these Terms or any applicable laws.

7. Confidentiality

In the course of providing our Services, we may exchange confidential information. You agree to maintain the confidentiality of any non-public information we provide to you, and we agree to maintain the confidentiality of any non-public information you provide to us, except as required to provide the Services or as required by law.

8. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, and software, is the property of GridSite or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from our website without our prior written consent.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your intellectual property rights have been violated, please contact us at info@gridsiteinc.com.

9. Service Availability and Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON OUR WEBSITE.

11. Limitation of Liability

IN NO EVENT WILL GRIDSITE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless GridSite, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

13. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Collin County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of the Services to final and binding arbitration under the rules of the American Arbitration Association. By using our Services, you agree to submit to such arbitration.

15. Waiver and Severability

No waiver by GridSite of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GridSite to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and GridSite regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

17. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

18. Contact Information

If you have any questions about these Terms, please contact us at:

GridSite Inc
3801 E. Plano Pkwy.
Ste. 100
Plano, TX 75074
info@gridsiteinc.com