Privacy Policy
Last Modified: Monday October 10th, 2022
Grey Matter Concepts Inc. (the “Company”, “us” or “we”) respects your privacy and is committed to protecting it through our compliance with this-privacy policy.
This privacy policy describes the types of information we may collect from you or that you may provide when you visit the website greymatterconcepts.net (the “Website”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This privacy policy is part of theTerms of Use applicable to the use ofour Website. Please review this privacy policy together with the Terms of Use, to understand all of your right sand obligations, and how we operate our Website.
This privacy policy applies to information we collect:
• On the Website;
• In email, text, and other electronic messages between you and the Website;
• Through mobile and desktop applications, if any, that you download from the Website;
• When you interact with our advertising and applications on third-party websites and services, if such advertising or applications include links to this privacy policy; and
• Through any other means associated with or relating to the Website.
This privacy policy does not apply to information collected by:
• us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this privacy policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, youagree to the terms of this privacy policy.
This privacy policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the privacy policy periodically for updates.
Our Website is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any personal information to us or on or through the Website.
We do not knowingly collect personal information from children under the age of 13 (16 in California). If you are under 13 (16 in California), do not use or provide any information on this Website or on or through any of its features or register on the Website(if such feature is available), make any purchases through the Website (if such feature is available), use any of the interactive or public comment features of this Website (if such feature is available) or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under 13 (16 in California) years of age without verification of parental consent, we will delete that information.
If you believe we might have any information from or about a child under the age of 13 (16 in California), please contact us at info@greymatterconcepts.net.
We may collect several types of information from and about users of our Website (some of which is considered “personal information” pursuant to applicable law), including:
• Identifiers, such as name, mailing address, e-mail address, telephone number, or any other information that the Website collects, which applicable law may consider personally identifiable, personal information, personal data, and other such designations;
• Information about the device you use to access the Website;
• Your IP address, Identifier for Advertisers (“IDFA”), Android/Google Advertising ID, InternationalMobile Equipment Identity (“IMEI”),or another unique identifier;
• Your device characteristics and functionality(including information about your operating system, hardware, mobile network, browser, browser language, etc.);
• Referring and exit web pages and URLs;
• Your browsing history, including the areas within our Website that you visit and your activities there, including remembering you and your preferences;
• Your device location or other geolocation information;
• Certain other device data, including the time of day you visit our Website; and
• Information about your internet connection and internet provider.
We collect this information:
• Directly from you when you provide it to us, such as when filling in forms on the Website (including when you register for an account, subscribing to a service, or requesting something from us, or when you fill out surveys).
• Automatically as you navigate through theWebsite, including through the use of cookies, web beacons, and other tracking technologies (including information about your network or computing device);
• From third parties, for example, our business partners;
• Records and copies of your correspondence(including email addresses), if you contact us through the Website;
• When you run searches on our Website; and
• When you contact our customer service agents, if available.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about you, your equipment, your technology providers, and your activities, including:
• Details of your visits to our Website, including traffic data, browsing patterns, location data, logs, and other communication data and the resources that you access and use on the Website; and
• Information about your device and about your internet connection and service provider, as set forth above.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically may be statistical data and may also include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This information enables us to:
• Allow you to use and access the Website, including preventing fraudulent activity and improving security functionality;
• Assess the performance of the Website, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Website;
• Offer you enhanced functionality when accessing the Website, including identifying you when you sign into our Website, and keeping track of your specified preferences;
• Deliver content relevant to your interests on our Website and third-party sites based on how you interact with our advertisements and/or content;
• Estimate our audience size and usage patterns;
• Speed up your searches; and
• Analyze our services and products and perform market research.
The technologies we use for this automatic data collection may include:
• Cookies(or browser cookies). A cookie is a small file placed on the hard drive of your computer. Note that while you can set your browser to not allow cookies, we may not be able to honor that request, and may track your activity and collect information about you and your online activities even when the browser is set to “do not track”;
• FlashCookies. Certain features of our Website may use local stored objects (orFlash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies and you may not be able to shut down our collection of and use of information through this technology;
• WebBeacons, Pixels and Tags. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity);
• EmbeddedScripts. An embedded script is programming code that is designed to collect information about your interactions with the Website, such as information about the links you click on;
• ETag, or entity tag. An ETag, or entity tag, is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. It is one of several mechanisms that HTTP provides for web cache validation. These allow websites to be more efficient and not serve content again, when data is already cached and ready to view;
• Fingerprinting. Fingerprinting refers to the collection and analysis of information from your device, such as your operating system, plug-ins, system fonts and other data, for purposes of identification;
• RecognitionTechnologies. Recognition technologies refers to various technology features used by websites, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user); and
• Log Files.These track actions occurring on our Website, and which help us collect your IP address, browser type, Internet service provider, the webpages from which you came or to which you go before and after visiting our Website, and the date and time of your visits.
Google Analytics
We use Google Analytics, a service provided by Google, Inc. (“Google”) for various purposes, including potentially to analyze traffic on our Website, to grow our business, to improve and develop our services, to monitor and analyze use of our services, to aid our technical administration, to increase the functionality and user-friendliness of our services, and to verify that users have the authorization needed for us to process their request. Google may collect your IP address, and other information (although typically not your name), and utilizes the data collected to track and examine the use of ourWebsite, and to prepare reports for us based on your activities online, among other uses. As part of Google Analytics, Google tracks many variables, including what website you visited prior to coming to our Website, how long you stay on a particular page, and your geographic location. Please be aware thatGoogle uses the data it collects from our Website for its own purposes, and we do not control or direct such usage. Please visit Google’s privacy policy to understand how Google uses the information it collects: https://policies.google.com/privacy?hl=en-US
You may be able to opt out of the use of GoogleAnalytics by visiting https://tools.google.com/dlpage/gaoptout/.
Facebook Connect
You may choose to access our Website through Facebook(if that feature is available to you). Facebook Connect is a single sign-on application which allows users to interact on other websites through theirFacebook account. If you connect to ourWebsite through Facebook, we may collect, store, and use the information that you have authorized Facebook to share with us. When you instruct or allowFacebook to connect you with our Website, we may gain access to the information that you have shared with Facebook, including your name, profile picture, email address, gender, birthday, location, names and pictures of your Facebook friends, your interests, and other information you make publicly available through Facebook. We may use Facebook Connect to recognize you as a user, tailor advertisements toward your interests, and better customize your experience.You may adjust your Facebook privacy settings to restrict the information thatFacebook will share with third parties. For more information about Facebook’s data collection and practices, and how you can manage your information onFacebook, please visit Facebook’s data policy.[1]
We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of certain targeted advertising, and learn more about your options related to such advertising, by using the links below:
• Facebook: https://www.facebook.com/adpreferences/advertisers/?entry_product=ad_preferences_delegation
• Google: https://support.google.com/ads/answer/2662856/control-the-ads-you-see-android?hl=en
Do Not Track (“DNT”)is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser's DNT option in your browser's preferences. When a user’s browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly.
Given the lack of a standard in the industry or any clear regulatory guidance on this issue, we do not comply withDNT signals from your browser at this time
Some content or applications, including advertisements, on the Website may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect in formation about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We may use information that we collect about you or that you provide to us, including any personal information:
• To present our Website and its contents to you;
• To provide you with information, products, or services that you request from us;
• To fulfill any other purpose for which you provide it;
• To provide you with notices about your account and/or the Website;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if needed;
• To notify you about changes to our Website or any products or services we offer or provide though it;
• To allow you to participate in interactive features on our Website, if any;
• To develop and create our products and services;
• For behavioral tracking, profiling and advertising;
• For any other purpose as needed for our business;
• In any other way we may describe when you provide the information;
• For any other purpose with your consent;
• To contact you about our own and third-parties' goods and services that we think may be of interest to you; and
• To enable us to display advertisements to our advertisers' target audiences.
We prefer to keep your personal information accurate and up to date. If you would like to change your contact information, please contact us at info@greymatterconcepts.net. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
· To our subsidiaries and affiliates;
· To contractors, service providers, and other third parties we use to support our business and assist us in providing services and offering our products;
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred;
· To third parties to market their products or services to you;
· To fulfill the purpose for which you provide it;
· For any other purpose disclosed by us when you provide the information; and
· With your consent.
We may also disclose your personal information:
· To comply with any court order, law, or legal process, including responding to any government or regulatory request;
· To enforce or apply the Terms of Use, including this privacy policy, and any other agreements between us, including for billing and collection purposes; and
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
California Civil Code Section §1798.83, known as the “Shine The Light” law, permits users of our Site who areCalifornia residents to request and obtain from us a list of what Personal Information(if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties. You may request this information from us no more than once a year, but such request will be handled by us free of charge to you. To make such a request, please send an email to info@greymatterconcepts.net.
We do not sell personal information of California residents in exchange for monetary compensation, but we may “sell” this information as such term is defined in the CaliforniaConsumer Privacy Act (“CCPA”). These sales involve allowing our cookies and analytics providers to access and use information they obtain on the Website as you browse it. You have the right to inform us that you do not wish to have this information sold, in which case we will notify our providers of your election to opt out of such “sales.”
We do not discriminate againstCalifornia residents who choose to exercise any legal rights they may have pursuant to applicable law, including the CCPA.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and to change your password from time to time. We also highly recommend that you use a password that is dissimilar to and cannot be easily found by unauthorized third parties who may have obtained your login credentials to other sites. Keep in mind that if you use the same password for all websites, if someone obtains your credentials for one site, they may be able to then use those credentials to log into any other site you use.
Unfortunately, the transmission of information via the internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted through or collected through the use of ourWebsite. Any transmission of personal information is at your own risk.
We are not responsible for circumvention of any privacy settings or security measures contained on theWebsite.
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account, if applicable. We may also post a notice on the Website home page. The date this privacy policy was last revised is identified at the top of this page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.
E-mail: info@greymatterconcepts.net
[1] https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Grey Matter Concepts Inc.(the ”Company”, “we” or “us”). These terms and conditions, together with any documents they expressly incorporate by reference](collectively, these “Terms of Use”), govern your access to and use of our website located at greymatterconcepts.net, including any content, functionality, and services offered on or thereon (the “Website”).
Please read the Terms of Use carefully before you start to use theWebsite. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our PrivacyPolicy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use (or any portion thereof, including or Privacy Policy, you must not access or use the Website.
ThisWebsite is offered and available to users who18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not accessor use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use 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 Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revisedTerms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
You agree that all information you provide on the Website, whether by automated means or not, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our PrivacyPolicy.
You understand that your information, may be transferred unencrypted and involve(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We may terminate your access to the Website at any time, and we may remove any content from the Website, or modify its functionality at any time in our discretion.
Intellectual Property Rights
TheWebsite and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by UnitedStates and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by theCompany. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
TheCompany name, the terms GREY MATTER, GREY MATTER CONCEPTS, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not usesuch marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In anyway that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, an other user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access theWebsite for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of theWebsite.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts ofthe Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Copy, mirror or otherwise attempt to replicate or reproduce the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to theWebsite, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our PrivacyPolicy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the PrivacyPolicy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on thisWebsite.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If theWebsite contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSSOR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE ORANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OFANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANDANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE,OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ORTHAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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 BYTORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms ofUse or your use of the Website, including, but not limited to any use of theWebsite’s content and products other than as expressly authorized in theseTerms of Use.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State, in each case, located in the City, County and State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country or state of residence or any other relevant jurisdiction.You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
AtCompany’s sole discretion, it may require you to submit any disputes arising under these Terms of Use, or in connection with your use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applyingNew York law.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS, OUR WEBSITE (OR ANY PORTION OR ALL OF THE FOREGOING), INCLUDING THE BREACH, TERMINATION OR VALIDITY OF THESE TERMS, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TOITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ARE PRESENTATIVE OR CLASS PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Sever ability
No waiver of by the Company of any term or condition set out in these Terms of Uses hall 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 of Use will continue in full force and effect.
Entire Agreement
TheTerms of Use (including our Privacy Policy)constitute the sole and entire agreement between you and Grey Matter ConceptsInc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
