Terms and Conditions

TERMS OF USE

IMPORTANT! THESE TERMS OF USE (“TOU”) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY GRAVITY RACKS, LLC D/B/A GRAVITY (“GRAVITY” OR “COMPANY”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

ACCESS TO THIS SITE

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Gravity believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site and subject to all of the site’s conditions and rules. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of Gravity. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or the content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

You may not use this site for any illegal purpose, and by using this site you represent and warrant to Gravity that your usage of the site conforms to all applicable law.

PROPRIETARY INFORMATION

The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Gravity is solely owned by Gravity, and is the proprietary information of Gravity or the third party that provided the Content to Gravity, and Gravity or that third party retains all right, title, and interest in the Content. This site does not grant any user a license to use any of its content for any purpose. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Gravity, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Gravity’s and/or the third parties’ providing Content intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

HYPERLINKS

This site may be hyperlinked to other sites which are not maintained by, or related to, Gravity or the third parties that provide Content. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Gravity. Gravity has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Gravity makes no representations or warranties about the safety or content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Gravity of that site.

SUBMISSIONS

You hereby grant to and Gravity the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Gravity will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. Gravity will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

DISCLAIMER

You understand that Gravity cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You, not Gravity, are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Gravity does not assume any responsibility or risk for your use of the Internet, and expressly disclaims any responsibility to do so or any attendant liability.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Gravity. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

The Content is provided “as is” and without warranties of any kind, either expressed or implied. Gravity disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Gravity does not warrant that the functions or Content contained on this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Gravity does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Gravity may make changes or improvements at any time (including while you are accessing the site). You, and not Gravity, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. GRAVITY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Gravity does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

LIMITATION ON LIABILITY

GRAVITY RACKS, LLC, AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GRAVITY RACKS LLC, AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

You will indemnify and hold Gravity, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

TRADEMARKS

Trademarks, service marks, and logos appearing in this site are the property of Gravity or the party that provided the trademarks, service marks, and logos to Gravity. Gravity and any party that provided trademarks, service marks, and logos to Gravity retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

COPYRIGHT AGENT
Gravity maintains a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our service infringe your copyright, you may request removal of those materials from the service by contacting Gravity’s copyright agent with the following Notice, which shall include each of the following:

• Description of the copyrighted work that you believe to be infringed.
• Identification of the material on the site that you claim is infringing, with its URL or any other pertinent details that will allow us to locate the material.
• Your name, address, telephone number email address.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you declaring under penalty of perjury that the information that you have provided in your Notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Jay Kotzker
Parlatore Law Group LLP
1312 17th Street, # 1115
Denver, CO 80202
phone: 303-529-0112
e-mail: jay.kotzker@parlatorelawgroup.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through our site or other transactions for the sale of goods or services formed through the Website or resulting from visits made by you are governed by our Terms of Sale[1], which are hereby incorporated into these Terms of Use.

INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with this site any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, Gravity reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Gravity nor any third party that provides Content to Gravity will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Gravity is entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Gravity considers insecure, Gravity is entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Gravity reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents and to law enforcement. Gravity reserves the right to investigate suspected violations of these 

Terms of Use.
Gravity reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Gravity to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. However, a warrant is not required and your use of this site constitutes your permission for Gravity to share any Submission or other information provided by you to law enforcement without notice to you.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GRAVITY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GRAVITY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GRAVITY OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Colorado, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Denver, Colorado in connection with any dispute between you and Gravity arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Denver, Colorado. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Gravity may revise these Terms of Use at any time by updating this posting.

CONTACT US
We value the connection we have with our users and we welcome your feedback, questions, comments and concerns regarding the Terms of Use and all other policies in effect on this site. 

• Customer      Service Email: sales@gravityracks.com