IMPORTANT: PLEASE READ THESE TERMS CAREFULLY, SINCE YOUR USE OF THIS SITE AND ANY OF THE GREYMATTERS SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE THIS SITE AND/OR ANY OF THE SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY GREYMATTERS. APPLICABLE LOCAL (NON-U.S.) LAW MAY ALTER OR AFFECT THE RIGHTS OF EITHER PARTY UNDER THESE TERMS.
GREYMATTERS may from time to time, may automatically check the version of the GREYMATTERS APP used on your device and, if applicable, provide updates. Updates may contain, without limitation bug fixes, patches, enhanced functionality, pug-ins and new versions of the GREYMATTERS App. By installing the GREYMATTERS App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. GREYMATTERS reserves the right to disable or permanently discontinue any all functionality of the GREYMATTERS App at any time without notice and with no liability to You. For the avoidance of doubt, this Agreement is solely between GREYMATTERS and You.
To use any of the GREYMATTERS Services, you must be at least 18 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local law). If you are under the required age, you may still use the Services (subject to applicable local non-U.S. law), but only if the account you are using was created and registered by your parent or legal guardian. If You are creating an account for an adult third party who is intended to be the beneficiary of the Services, You, not the third-party beneficiary, are the account holder.
USING THE SERVICES
The GREYMATTERS App is a paid service. You must register for an account and pay applicable fees. Non-payment will result in the loss of access to the Services as well as any data that is uploaded.
GREYMATTERS App users must create a password to register, use and access the Services. Users are solely responsible for protecting their password and for creating secure passwords. You must keep your password confidential and not share your password with third parties unless we provide an approved mechanism for such use. Your GREYMATTERS account may be at risk if you let someone use this information inappropriately. GREYMATTERS is not responsible for any loss or damage that may result from any unauthorized use of the Service.
The GREYMATTERS App now enables administration of multiple user profiles. Administrative users must create a username and password for such use and must keep that password secure.
AVAILABILITY OF THE SERVICES
Content supplied by the GREYMATTERS App is now available to all subscribers. No extra purchases are required to access such content. While GREYMATTERS will make all commercially reasonable efforts to ensure that the Services are available at all times, GREYMATTERS does not guarantee, represent or warrant that your access to the GREYMATTERS App or any of the Services will be uninterrupted or error-free. Furthermore, while GREYMATTERS makes reasonable efforts to ensure that all photos, telephone numbers, addresses, digital images, text or other information submitted to GREYMATTERS by you (collectively, “User Content”) will be secure, GREYMATTERS does not guarantee that the Services will be free from loss, corruption, attack, viruses, “worms”, “trojan horses” or other harmful components, or from interference, hacking or other security intrusions. In addition, GREYMATTERS is not responsible for the security of your tablet or mobile devices. Failure to maintain Your account will result in the loss of User Content. You must exercise reasonable care to ensure their security, both physical and technical. You should use secure passwords and turn location services off. You should be sure to back up your own system and tablets and mobile device periodically to ensure that all User Content and information is available to you in the event of any loss or damage. GREYMATTERS DOES NOT ACCESS OR STORE THE INFORMATION YOU LOAD INTO YOUR DEVICE FOR USE WITH THE GREYMATTERS APP.
GREYMATTERS may change, suspend or discontinue any of the Services at any time. GREYMATTERS may also impose limits on the use of or access to certain features or portions of the Services, in any case without notice or liability.
ACCEPTABLE USE GUIDELINES
There are rules and standards that you must abide by in connection with your use of the App. As a user of any of the GREYMATTERS Apps and Services, GREYMATTERS has the right to enforce those guidelines as it deems fit. GREYMATTERS may take any and all actions, including, but not limited to, the issuance of a warning to terminating your right to use the GREYMATTERS Services or App or even the cancellation of your account and involvement of the appropriate authorities, as GREYMATTERS, in its sole discretion deems necessary or appropriate. GREYMATTERS may not be required to provide notice prior to terminating your right to use the Services for violating these Terms, but it may choose to do so (subject to applicable local U.S. and non-U.S. law).
GREYMATTERS reserves the right to cooperate with law enforcement and governmental authorities, including complying with warrants, court orders and subpoenas, in connection with the Services and/or any information or User Content in connection with your use of the Services, App and/or any request you make. GREYMATTERS may (subject to applicable local U.S. or non-U.S. law) disclose any information, to law enforcement or other government officials, as GREYMATTERS, in its sole discretion, believes to be necessary or appropriate.
BY USING THE GREYMATTERS SERVICES, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LOCAL LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST GREYMATTERS AND TO HOLD ITS, PRINCIPALS, OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS AND INDEMNIFY GREYMATTERS WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY GREYMATTERS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION AGAINST GREYMATTERS ITS PRINCIPALS, OFFICERS OR DIRECTORS OR RECOVER ANY DAMAGES WHATSOEVER FROM GREYMATTERS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, USE OF THE APP, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE APP, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GREYMATTERS’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
YOU EXPRESSLY AGREE THAT THE GREYMATTERS APP, THE GREYMATTERS SERVICES AND THE INFORMATION AVAILABLE ON THE GREYMATTERS SITE ARE NOT A SUBSTITUTE FOR THE ADVICE OF A PHYSICIAN AND/OR PHYSICIAN SERVICES. IF YOU BELIEVE THAT YOU ARE ILL OR THAT A PERSON NEEDING CARE ARE CURRENTLY UNDER THE CARE OF A PHYSICIAN YOU SHOULD ONLY USE THE GREYMATTERS SITE, APP AND SERVICES IN CONSULTATION WITH A PHYSICIAN. EACH PERSON IS DIFFERENT AND THE GREYMATTERS APP AND SERVICES ARE DEPENDENT UPON YOUR PROPERLY USING THE SERVICES AND PROVIDING ACCURATE INFORMATION FOR USE WITH THE GREYMATTERS APP. YOUR FAILURE TO PROVIDE ACCURATE INFORMATION MAY RESULT IN INAPPROPRIATE SERVICES FOR YOUR NEEDS. YOUR USE OF, OR INABILITY TO USE, THE GREYMATTERS APP AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE APP AND USED BY YOU ARE (EXCEPT AS EXPRESSLY STATED BY GREYMATTERS) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL GREYMATTERS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, GREYMATTERS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
GREYMATTERS may send you notice with respect to the Services by sending an e-mail message to the email address listed in your contact information, if any.
You agree that these Terms are not intended to be a substitute for the advice or services of a physician nor do the Terms offer or grant any rights or remedies to you, as a user of the GREYMATTERS Site, App or Services.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. GREYMATTERS’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. Except as required by applicable non-U.S. local or national law, the laws of the State of New York, excluding its conflicts of law rules or the conflict of law rules of any other jurisdictions, govern these Terms and your use of the GREYMATTERS Services. Your use of the GREYMATTERS Services may also be subject to other local, state, national (U.S. and non-U.S.), and international laws. Subject to the foregoing, you expressly agree that exclusive jurisdiction for any claim or dispute with GREYMATTERS regarding or relating in any way to your use of the Services resides in the local or federal courts of the State of New York.
California Civil Code Section 1789.3 provides that any California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254. Other states may provide for other protections.
FOR ALL USERS OF THE SERVICES
Orders for products and services, if any, may be accepted and/or processed by www.greymatterstous.com and on the App Store or any of the GREYMATTERS subsidiaries or affiliates and is based in the United States.
SPECIAL PROVISIONS FOR PARTICULAR SITUATIONS
Any dispute relating in any way to your experience with GREYMATTERS and the GREYMATTERS site and/or any related App and/or to products or services sold or distributed by GREYMATTERS shall be adjudicated in the state or federal courts located NEW YORK, USA, and you consent to exclusive jurisdiction and venue in such courts.
GREYMATTERS does not guarantee or warrant that any User Content you upload to the GREYMATTERS App, if any, will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing any such device and mobile devices and all content on the same. GREYMATTERS shall not be responsible for any archiving or backing-up of any User Content or other information. If any User Content or information which is used in connection with the GREYMATTERS App is damaged, lost or corrupted in any way, GREYMATTERS shall have no obligation or liability to you or to any third parties, even if notified of any such reliance or potential liability. You are solely responsible for your use of the GREYMATTERS App, the GREYMATTERS Website and the GREYMATTERS Services, including all User Content you generate or load in connection with the GREYMATTERS App. GREYMATTERS is not and shall not be responsible or liable for materials embodied in the User Content you upload or use with the GREYMATTERS APP.
GREYMATTERS reserves the right to refuse to process orders, permit access to the GREYMATTERS App or forward or act upon any request for information.
By submitting or uploading User Content or information to the GREYMATTERS App, you are representing that you are the owner of such material, or have proper authorization from the owner of the content. Please be advised that GREYMATTERS has no control over the materials on your device or those of third parties.
COPYRIGHT & TRADEMARKS
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the site (collectively, "Media"), including, but not limited to, the design, selection, arrangement, and coordination of such content on the GREYMATTERS website and in the GREYMATTERS App and the GREYMATTERS Services (exclusive of the content users upload into the App), is owned or licensed by GREYMATTERS and is protected by copyright, trade dress, trademark laws and/or various other intellectual property rights laws both domestic and foreign. Except as expressly provided in these Terms and Conditions of Use, no part of the site or the App and no Media may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without GREYMATTERS’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Media, and GREYMATTERS reserves all rights not expressly granted hereunder. All trademarks and service marks of the GREYMATTERS are the exclusive property of GREYMATTERS it principals and access and/or use to this site, the GREYMATTERS App and the GREYMATTERS website does not grant any rights thereto. All rights are expressly reserved.
Any dispute relating in any way to your visit to GREYMATTERS or the use of the GREYMATTERS App or to products or services sold or distributed by GREYMATTERS or through GREYMATTERS shall be adjudicated in state or federal court in New York City USA and you consent to exclusive jurisdiction and venue of such courts.
NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work or other exclusive content has been copied in a way that constitutes copyright infringement, please provide GREYMATTERS copyright agent the written information specified below. Please note that this procedure is exclusively for notifying GREYMATTERS that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the product ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GREYMATTERS’ Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
By Email: email@example.com