Last updated on May 15, 2017
We reserve the right to modify the Service and prices of the Service offered at anytime on our Site. You agree that the Company may attribute all use of your username and password to you and that you are responsible for all activities that occur under your username and password. You must notify us immediately if you suspect any unauthorized use of your account or any other breach of security.
The Company does not guarantee availability of the Service and you may access the Service if and when it is available. The Service may occasionally be down for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, the Company reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Service at any time and without notice.
You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age 18 or are otherwise unable to accept and agree to these Terms, you may not use or access the Service. If we discover or have any reason to suspect that you are not at least 18 years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Service immediately and without notice.
Billing; Refund Policy
We may require payment of fees for use of certain features of the Service. If required, you agree to pay for those feature of the Service with an approved credit card that you provide, or via other payment mechanisms that we specify, when completing your Service purchase.
You will be charged immediately, or at the expiration of your free trial period if applicable, for use of the paid features of the Service.
We offer a money back guarantee that provides you with a refund of the amounts you paid in connection with your use of the Service in the month you contact us in accordance with this Section. If you are not fully satisfied with the Service and wish to request a refund in accordance with the Section, please contact us at email@example.com. Except as otherwise stated in these Terms, all fees paid for the Service are non-refundable.
Permitted Use; Intellectual Property Rights
The Service is based in the United States. If you use the Service outside of the United States, you are responsible for compliance with all local laws. The Service and all photos, information, graphics, text, images, sounds, and other materials (including metadata) that are provided to you through the Service (“Content”) are owned by the Company and its licensors.
Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive right to use the Service and Content. Any breach of these Terms will result in the immediate revocation of the license granted in this paragraph. You agree not to copy, distribute, or resell the Service. You agree to use the Service only as expressly permitted in these terms. You agree not to otherwise disassemble, decompile, or reverse engineer any portion of the Service, except to the extent that applicable law expressly permits it despite this limitation. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or its features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content. You may not use the Service for any illegal purpose. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You agree not to use the Service in any way that would interfere with or disrupt the operation of the Service or the networks or servers connected to the Service in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity (including the Company); to upload, post, or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; or to harass or otherwise harm any other person or entity. Any unauthorized use of the Service may result in termination of all rights to use the Service and may be subject to legal action.
The Company and its affiliates, licensors, and suppliers own all right, title, and interest (including intellectual property rights) in the Service and the Content and reserve all rights not expressly granted to you in these Terms. The Service and the Content are protected by copyright and other intellectual property laws. The Company’s logos and trademarks referenced and used in the Service and the Content are the trademarks of the Company and its licensors. Any other company names, product names, service names, and logos referenced in the Service or the Content may be the trademarks of their respective owners.
The Company has no obligation to and may not provide updates for the Service. If the Company does provide updates, supplements, or add-on components to the Service after the date you initially use, access, or download the Service (collectively, “Updates”), these Terms will apply to the Updates. If the Company provides additional terms along with any Updates, those terms will apply to the Updates. You agree that the Company may automatically check your version of the Service and may automatically send Updates to your device. The Company may add new features or remove existing features offered through the Service. The Company may, in its sole discretion, release subsequent versions of the Service and require you to obtain and use the most current version.
We provide “priority support” via email only to users of the Premium Service. We do not guarantee a specific response time and we do not provide a service level agreement. In general, we operate weekdays from Monday to Friday, 9am to 5pm ET. We will try to respond to email inquiries within two business days. Priority support is offered on a per user basis and not a per license basis. This means that we limit the amount of support we provide per individual user. Our support offered to users of the Premium Service is limited to 10 emails to our support team per year. We reserve the right to decline further support or to charge for additional support beyond the 10 emails. We endeavor to provide you with excellent customer service, but we reserve the right to immediately terminate service without a refund if a user is insulting, threatening, or abusive to our support team.
Third Party Products, Services, Websites, and Links.
Blog; User Content
Users may be permitted to post or submit user comments, statements, or other information to us or the Service, such as in response to our blog content (www.gravityscan.com/blog) (“User Content”). All User Content or other content posted by users reflect the views of the individual contributors and do not reflect the views of the Company. You grant to Company and all members of the public who have access to User Content on or through the Service a worldwide, royalty-free, perpetual, fully-paid, sublicensable, transferable, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content you make available through the Service and to publish your name and other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law. You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights, and if you do, you are breaching this contract. You are solely responsible for all content you provide to us or make available through the Service. The Company takes no responsibility and assumes no liability for any material posted by you or any third party. We reserve the right to remove User Content from the Site that is offensive, repetitive, acts as advertisements, or poses a risk to our users or the Service.
Copyright Infringement – Notification Procedures
If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Copyright Agent, who can be reached as follows:
Mailing address: Copyright Department, COO for Defiant Inc., 800 5th Ave., Suite 4100, Seattle, WA 98104
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, we suggest that you contact an attorney prior to sending notice.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE,” and the entire risk of use and performance remains with you. The Company or its affiliates and licensors do not make any representations, warranties, or conditions, express, implied, or statutory AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR NEEDS OR EXPECTATIONS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS WITH THE SERVICE WILL BE CORRECTED.
Disclaimer of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS; LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION; OR ANY OTHER LOSS OR ANY KIND, WHETHER FORESEEABLE OR NOT, BASED ON, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR THESE TERMS, EVEN IF WE OR ANY OF OUR AFFILIATES, SUPPLIERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THE DISCLAIMER OF WARRANTIES OR DISCLAIMER OF CERTAIN DAMAGES SECTIONS, OUR maximum, aggregate liability to you, and your exclusive remedy under THESE TERMS for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to THESE TERMS or the Service WILL NOT EXCEED THE MONIES PAID BY YOU TO COMPANY IN THE 12 MONTHS PRECEDING THE RELEVANT CLAIM or $10, whichever is greater. The existence of multiple claims or suits under or related to THESE TERMS Or the SITE will not enlarge or extend the limitation of money damages.
INDEPENDENT REMEDIES. The Disclaimer of Certain Damages Section is independent of your exclusive remedy in the Limitation of Liability and Exclusive Remedy Section and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability above apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law. Nothing in these Terms will be interpreted as excluding liability which cannot under applicable law be excluded.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Service, including any data or content transmitted or received by you; (ii) your violation of these Terms; or (iii) your violation of any third-party rights, including without limitation any privacy or intellectual property rights.
You and the Company each agree that all claims, controversies, and disputes between you and the Company, including those arising out of or related to the Site, our products, or these Terms (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and the Company are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND THE COMPANY ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless you and the Company otherwise agree, the American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Consumer Arbitration Rules (but excluding AAA’s Supplemental Rules for Class Arbitration) will apply, except to the extent the provisions of the AAA Consumer Arbitration Rules are different from, conflict with, and/or are inconsistent with the terms of this Section, in which case the provisions of this Section will control and must be followed as written. You and the Company each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND the Company ARE EACH AGREEING TO FORGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any AAA rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and the Company each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration. If any portion of this arbitration provision other than the class action waiver will be found to be unenforceable, that portion will be severed, and the rest of this arbitration provision will remain in effect. A copy of the AAA Commercial Arbitration Rules is available at www.adr.org/commercial and is incorporated herein by this reference as though set forth in full. If you reside in the United States, you and the Company each agree that the location of the arbitration or court where the Dispute will be resolved will be Seattle, Washington if you live west of the Mississippi River, and in Chicago, Illinois, if you live east of the Mississippi River. If you do not reside in the United States, you and the Company each agree that the location of the arbitration or court where the Dispute will be resolved will be Seattle, Washington. You and the Company each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You and the Company each are responsible for your or its respective costs relating to the arbitration. To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the address listed for the Company in this Section. You may opt out of the agreement to arbitrate in this Section by mailing the Company written notice of your election to opt out at Defiant Inc., 800 5th Ave., Suite 4100, Seattle, WA 98104 and firstname.lastname@example.org within 45 days of agreeing to these Terms, expressly indicating that you are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by the Company. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms. You and the Company each also agree that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law). In accordance with the FAA, the appointed arbitrator must interpret, apply and enforce this Section as written.
Force Majeure. The Company will not be liable or responsible for any failure to perform or delay in performance of any of the obligations under these Terms that is caused by an act or event beyond our reasonable control, including without limitation act of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Governing Law; Exclusive Jurisdiction; Venue
These Terms will be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington, for any and all disputes, claims, and actions arising from or in connection with the Service, Site, or these Terms.
Changes to These Terms
We reserve the right to change these Terms at any time upon notice to you. We may give notice by making the updated Terms available through the Service or by any other reasonable means. You can review the most current Terms at any time at: https://www.gravityscan.com/terms-of-use-and-privacy-policy/ . When we change these Terms, we will require you to accept the updated Terms to continue using the Service. If you do not accept the updated Terms, you may not continue to use the Service. Updated Terms are binding on you on the effective date indicated at the top of these Terms.
These Terms, together with any amendments, incorporated terms or policies, and any additional agreements you may enter into with the Company, will constitute the entire agreement between you and the Company. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. No waiver of any portion of these Terms will be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. A waiver will only be binding on us if it is in writing and signed by us. The Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Service. You and the Company AGREE THAT In no event WILL any claim, action, or proceeding be instituted more than One (1) year after the cause of action arose. The Limitation of Liability, Indemnity, and Governing Law Sections of these Terms survive any termination.
If you have any questions or concerns in regards to these Terms, please contact email@example.com.
Last updated on May 15, 2017
1. Information Collection
General. When you visit the Site, you can browse without submitting any personal information about yourself. We will, however, receive and store some non-personally identifiable information about you, as described below. In order to participate in certain functionalities, you may be asked to provide personally identifiable information. Personally identifiable information is information that can identify you, including, for example, your name or email address.
Communications; Email Address Collection. In order to receive certain communications from us, such as responses to user inquiries, you will be required to submit your email address to us. You may also provide your email address to us in order to receive security updates and news even if you do not sign up for an account or make a purchase. [Any non-Service related email you receive from us will include an unsubscribe link that will allow you to opt-out of receiving future emails.] It may be necessary to send you Service-related announcements. For example, if the Service is temporarily suspended for maintenance, we may send users an email. You may not opt-out of Service-related emails which are not promotional in nature.
User Content. The Service may allow you to post or submit comments or other information, such as in response to our blog content (www.gravityscan.com/blog) (“User Content”). We may use User Content to improve the Service and we may save User Content or other content you post indefinitely.
Automatically Collected Information. Similar to other websites, we may collect some information automatically from you and store it in log files. This collection may include, but is not limited to: your domain name and host for Internet access, the Internet address of the site from which you came, the date and time of your access, your computer’s IP address and information about its operating system, browser, and host, the date and time you access the Service and the pages you visit. We collect this non-identifying information in order to help diagnose problems and to administer the Service. We also use it to help identify you and to gather broad demographic information. We may automatically collect information using various mechanisms, including but not limited to cookies and pixels.
“Pixels” are tiny graphics with a unique identifier that are used to track the online movements of web users. Unlike cookies, which are stored on a computer’s hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third-party analytics providers may place pixels on the Site that track what other websites you visit (both before and after visiting the Site). Our third-party analytics providers use information obtained from pixels to help us improve our business and the Service. We do not control the use of pixels by third parties.
“Do Not Track” Settings. Because we track website usage information as described above, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of certain information. The only way to completely “opt out” of the collection of information through cookies or other tracking technologies is to actively manage the settings on your browser to delete and disable cookies and other tracking/recording tools. However, getting a “Do Not Track” signal to work as you might want is difficult. Using browsers as an example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose, data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website may not be able to control other websites.
2. Information Use.
Use of Non-Personally Identifiable and Aggregate Information. We may use non-personally identifiable information and aggregate information for any lawful purpose, including, but not limited to, analyzing trends, managing and administering the Service, tracking users’ movements, for research purposes, or to improve our business and the Service. We may also share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on the advertising you see. In addition, we may share aggregate statistical information with our business partners. We may also combine your non-personally identifiable information and aggregate information with other non-personally identifiable information and aggregate information collected from other sources.
Information Retention. We will retain your information indefinitely, or as long as legally required or allowed. We may dispose of any information in our discretion without notice, subject to applicable law. We do not undertake any retention obligations through this statement.
3. Information Disclosure
Affiliated Entities and Service Providers. We may disclose your information, including personal information, to any affiliated entity or organization, business partner, and to agents and service providers to help us operate the Service, improve our business or the Service, and to provide services to us. These third parties may include customer service providers, business or sales service providers, or providers that provide support for the Service.
Insolvency or Business Transition. If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell, or reorganize all or part of our business or assets, we may disclose your information, including personal information, User Content, and user data or information, to prospective or actual purchasers in connection with one of these transactions.
Disclaimer. Due to the complexity and open nature of the Internet, no transmission of data over the Internet can be 100% secure. There is always a risk that information collected by and/or displayed on the Service may be compromised or accessed notwithstanding the steps we take to secure your information. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your personal information. Accordingly, you agree that you are providing such information at your own risk.
Keeping your information secure is of great concern to us. We exercise care in facilitating the transmission of information between your device or computer and our servers (or the third party servers that operate and store information for the Service). Any personally identifiable information collected by the Service is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personal information after we receive it, no transmission of data over the internet can be 100% secure.
5. International Users
6. Children’s Privacy
The Service is Not for or Directed Towards Children. While the Service is not intended for anyone under the age of 18, we do not intend to and will not knowingly collect any personal information from children under the age of 13. Children under the age of 13 are prohibited from using the Service. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers (subject to applicable law and this Policy). If you believe content from a child under the age of 13 has been posted to the Service, please notify us by contacting us at firstname.lastname@example.org.
California Shine the Light Law. California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to email@example.com or write us at: Defiant Inc., 800 5th Ave Ste 4100, Seattle, WA 98104.
California Minors. While the Service is not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: firstname.lastname@example.org. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the Content or information. Removal of your content or information from the Service does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.
8. Accessing, Updating, or Deleting User Content and Your Personal Information. You may access, update, or delete your personal information by contacting us at email@example.com or write us at: Defiant Inc., 800 5th Ave Ste 4100, Seattle, WA 98104. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical.
9. Contact Information and Privacy Questions