Terms of Use

Last modified: February 21, 2020

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Graypes web site located at www.graypes.com, and all associated sites linked to www.graypes.com by Graypes, its subsidiaries and affiliates, including Graypes sites around the world (collectively, the "Site"). The Site is the property of Graypes GmbH ("Graypes") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Graypes reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Graypes grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Graypes, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Graypes’s express prior written consent.

You may use information on Graypes products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Graypes for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Graypes reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Graypes server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Graypes, including any Graypes account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Graypes’s systems or networks, or any systems or networks connected to the Site or to Graypes.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You agree that you understand the Graypes Business model partitioned in primarily the next business activities: (a). Business Evaluation, (b). Strategy Plan Design, (c). Business Advisory, Mentoring, and Education, (d). Business Networking, (e). Business Funding from external Investment Entities.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Graypes on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Graypes or others.

You may not be involved in any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or any other activity defamatory of the business of Graypes and the personal integrity of any member of Graypes team.

You may not defame, degrade, disrespect, demean, discredit, in private or public, Graypes business, and services. You may not misinform, in private or public, about Graypes services, business model, and general Graypes business issues.

You may not defame, degrade, disrespect, demean, discredit, in private or public, any Graypes employee, associate, partner, owner, stakeholder, or team member.

You may not defame, degrade, disrespect, demean, discredit, in private or public, any Graypes member of the Graypes Community, GENE (Graypes Enhanced NEtwork)

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Graypes ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Graypes immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Graypes or any other user of or visitor to the Site due to someone else using your Graypes ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Graypes ID, password or account at any time without the express permission and consent of the holder of that Graypes ID, password or account. Graypes cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Graypes’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Graypes’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Graypes Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Graypes’s control, and Graypes is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Graypes DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Graypes CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Graypes DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Graypes DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Graypes SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Graypes FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Graypes reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Graypes be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Graypes has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold Graypes, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Graypes by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Graypes may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Graypes’s rights or property, or the rights or property of visitors to or users of the Site, including Graypes’s customers. Graypes reserves the right at all times to disclose any information that Graypes deems necessary to comply with any applicable law, regulation, legal process or governmental request. Graypes also may disclose your information when Graypes determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Graypes may preserve any transmittal or communication by you with Graypes through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Graypes determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Graypes, its employees, users of or visitors to the Site, and the public.

You agree that Graypes may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Graypes, for which monetary damages would be inadequate, and you consent to Graypes obtaining any injunctive or equitable relief that Graypes deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Graypes may have at law or in equity.

You agree that Graypes may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Graypes does take any legal action against you as a result of your violation of these Terms of Use, Graypes will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Graypes. You agree that Graypes will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Graypes shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Copyright (c) Graypes GmbH. All rights reserved.

Updated by The Graypes Legal Team on February 21, 2021

Status: Open, under review.

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