GravityFed.com, Inc. - Terms of Service|
IMPORTANT - PLEASE READ CAREFULLY: These Terms and Conditions of Use constitute a
legally binding agreement (the "Agreement") between you and GravityFed.com ("GravityFed")
regarding your access to and use of the website and services provided to you by GravityFed
pursuant to this Agreement (the "Website"). By accessing and using the Website, you
acknowledge that you have read and understand the terms of this Agreement, and that you
agree to be bound by them. If you do not agree with these terms and conditions then you
are not authorized to access the Website and you should exit the Website immediately.
1. ACCEPTANCE OF TERMS
GravityFed provides our services and access to our Website to you, subject to the following
Terms of Service ("TOS"), which we reserve the right to update from time to time without
notice to you. You can review the most current version of the TOS at any time with URL:
In addition to these TOS, when using particular GravityFed services, you will be bound by
any posted guidelines or rules applicable to such services that may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into these TOS. If
you are an exchange member of the GravityExchange Service, you will be asked to accept
separate terms and conditions in connection with your participation in that service.
GravityFed also may offer other services from time to time that are governed by different
2. DESCRIPTION OF SERVICE
GravityFed currently provides users with access to various resources, including
communications tools, online forums, shopping services, personalized content and branded
programming through its network of web sites (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including the
release of new GravityFed sites and services, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that GravityFed assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications or
In order to use the Service, you must obtain access to the World Wide Web, either directly
or through devices that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by our registration form
(such information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete, or GravityFed
has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, GravityFed has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
For certain services you will be required to complete a registration process, following
which you will receive a password and account designation. You are responsible for
maintaining the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree to (a)
immediately notify GravityFed of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account at the
end of each session. GravityFed cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not GravityFed, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the Service. GravityFed
does not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will GravityFed be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed or otherwise
transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a GravityFed
representative or employee, or falsely state or otherwise misrepresent your affiliation
with any person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation;
h. upload, post, email or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks connected to
k. intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that GravityFed does not pre-screen Content, but that GravityFed and its
designees shall have the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service. Without limiting the
foregoing, GravityFed and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by GravityFed or submitted to GravityFed,
including without limitation information in GravityFed Spray Files, and in all other parts
of the Service.
You acknowledge and agree that GravityFed may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of GravityFed, its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
8. PUBLIC CONTENT POSTED TO GRAVITYFED
(a) For purposes of the TOS, "publicly accessible areas of the Website" are those
accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly accessible
areas of the Website or that consists of photos or other graphics you elect to post
to any other publicly accessible area of the Website, you grant GravityFed the world-wide,
royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content
on the Website solely for the purpose of displaying, distributing and promoting the specific
Services to which such Content was submitted, or, in the case of photos or graphics, solely
for the purpose for which such photo or graphic was submitted to the Services. This license
exists only for as long as you elect to continue to include such Content on the Website and
shall be terminated at the time you delete such Content from the Website.
(c) With respect to all other Content you elect to post to other publicly accessible areas
of the Website, you grant GravityFed a royalty-free, perpetual, irrevocable, non-exclusive
and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such Content (in whole or part)
worldwide and/or to incorporate it in other works in any form, media, or technology now known
or later developed.
You agree to indemnify and hold GravityFed, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your use of the Website or
the Services, your connection to the Website, your violation of the TOS, or your violation
of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Website or the Services, use of the Website or the Services,
or access to the Website or the Services, except as expressly contemplated by these TOS,
the Services themselves or a separate written agreement between you and GravityFed.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GravityFed may establish general practices and limits concerning
use of the Service. You agree that GravityFed has no responsibility or liability for
the deletion or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that GravityFed reserves the
right to terminate accounts that are inactive for an extended period of time. You further
acknowledge that GravityFed reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
GravityFed reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Website or Services (or any part thereof) with or without
notice. You agree that GravityFed shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Services.
You agree that GravityFed, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if GravityFed believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. GravityFed may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that GravityFed may
immediately deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service. Further, you
agree that GravityFed shall not be liable to you or any third-party for any termination
of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that GravityFed shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because GravityFed has no control over such sites and resources,
you acknowledge and agree that GravityFed is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that GravityFed shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
16. GRAVITYFED'S PROPRIETARY RIGHTS
You acknowledge and agree that the Website and the Services and any necessary software used in
connection with the Website and the Services ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by GravityFed or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
GravityFed grants you a personal, non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining unauthorized access
to the Website or the Services. You agree not to access the Website or the Services by
any means other than through the interface that is provided by GravityFed for use in
accessing the Website and the Services.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. GRAVITYFED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. GRAVITYFED MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRAVITYFED OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRAVITYFED SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF GRAVITYFED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
21. COPYRIGHT MATTERS
GravityFed respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide us with the following information:
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;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email 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.
GravityFed's representative for Notice of claims of copyright infringement on its
site is Jesse Hoffman who can be reached as follows:
c/o GravityFed.com, Inc.
PO Box 900623
Sandy, UT 84090
By email: copyright[at]gravityfed.com
22. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and GravityFed and governs your
use of the Service, superseding any prior agreements between you and GravityFed. You
also may be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOS and the
relationship between you and Yahoo shall be governed by the laws of the State of Utah
without regard to its conflict of law provisions. You and GravityFed agree to submit to
the personal and exclusive jurisdiction of the courts located within the county of Salt
Lake City, Utah. The failure of GravityFed to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please email any violations of the TOS to: tos[at]gravityfed.com