This Site is offered and available to users who are the age of majority in their place of residence and who reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you meet these requirements. We make no representation that materials on the Site are appropriate or available for use in locations other than the United States, and accessing them from locations where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are solely responsible for compliance with local laws.
3. Limited Right to Use the Site. You may use this Site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sale, public display, preparation of derivative works or other use. No part of any content, form or document available at the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than as may be incidental to your personal use, but not for resale or redistribution.
You may use the Site for lawful purposes only. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation.
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
Additionally, you agree that you will not attempt to gain unauthorized access to, copy content from, or interfere in any way with the proper working of the Site or any associated hardware, software, or links provided on the Site (whether by manual or automated means).
4. Accessing the Site and Account Security. We reserve the right to withdraw or amend the Site, and any services, products, or information provided on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
We do not charge any fees to access the Site. However, you are responsible for making all arrangements necessary for you to have access to the Site, including any telephone charges or Internet access fees, which may be assessed and billed separately by your phone company or online service provider.
5. Changes to the Site. We reserve the right to modify the Site, or your access to the Site, in whole or in part, at any time in our sole discretion. We may update the content on this Site from time to time, but we have no obligation to do so, and the Site’s content is not necessarily complete or up-to-date. We may, in our sole discretion, from time to time, introduce, modify, remove or replace services or products offered or provided on this Site.
8. Intellectual Property Rights. You hereby acknowledge and agree that as between you and us, we exclusively own all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site (collectively “Materials”), and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, except as allowed by Section 3 above, is strictly prohibited. You do not acquire any ownership rights to any of the Materials by virtue of such use. Our posting of information or materials on the Site does not constitute a waiver of any of our rights therein, all of which are reserved to us and/or our licensors.
9. Trademarks. You hereby acknowledge and agree that “Grayaway,” “Gray Away,” and other Everpro marks on the Site are either trademarks or service marks of us and/or our licensors and shall remain the exclusive property thereof. Other product and company names mentioned on the Site are the marks and property of their respective owners.
10. Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Site. However, it is possible that information contained or made available on the Site may be incorrect, incomplete, or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Site will be uninterrupted or error free or that the Site will be free from loss, corruption, attack, interference, hacking or other security intrusion.
If you notice any errors or omissions in the information contained on the Site or other concerns, please report them to us for investigation.
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MATERIALS AND INFORMATION PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, IS GIVEN WITH RESPECT TO THE SITE, THE CONTENTS THEREOF, OR ANY HYPERLINKS PROVIDED TO OTHER INTERNET RESOURCES.
NEITHER EVERPRO, MANA PRODUCTS, INC., NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR ITS CONTENT.
11. Limitation of Liability. To the fullest extent permitted by law, Mana Products, Inc., its parents, subsidiaries, affiliates, divisions (including but not limited to Everpro), officers, directors, employees and agents (the “Mana Parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Site or any information provided on the Site, including but not limited to, damages caused by your reliance on the accuracy or timeliness of information provided on the Site or your provision of information to the Site, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the Mana Parties’ negligence, gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.
To the fullest extent permitted by law, by using the Site, you agree that if a dispute arises between you and the Mana Parties relating in any way to the Site or your use thereof, including common law or statutory claims, BOTH YOU AND THE MANA PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE MANA PARTIES MUST BE ARBITRATED IN NEW YORK. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE MANA PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Mana Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.
15. Questions or Concerns Regarding the Site. In the event you have a question or concerns regarding the Site or any transaction submitted through this Site, please contact us at Customer Service / Grayaway, 27-11 49th Avenue, Long Island City, NY 11101, 1-855-630-7698, firstname.lastname@example.org.
Effective Date: March 2017