Terms and Conditions
Last Revised: November 12, 2022
These Terms of Use (“Terms”) are a binding agreement between you and Gravity Design & Manufacture, LLC (“Gravity Vans,” “we,” “us,” or “our”) and govern your use of our mobile application (“App”) and website at www.gravityvans.com (collectively, the “Website”). The Website is provided for your personal entertainment, information, and education. Your use of the Website is subject to the Terms. Your use of the Website constitutes your acceptance of these Terms and your agreement to be bound by them. If you do not agree to these Terms or if you do not agree with our Privacy Policy posted on the Website, please do not use the Website or any services offered by the Website.
Please review the Terms page often. We reserve the right to change these Terms at any time without notice. Please check back from time to time to ensure you are aware of any updates or changes to these Terms.
Children Under the Age of Sixteen
Our Website is not intended for or directed towards children. We do not knowingly collect information from or about children sixteen (16) years of age or younger. If you believe a child has provided us with personal information, please contact us at info@gravityvans.com so that we can take appropriate action.
United States Only
Unless otherwise specified, the materials on the Website are presented solely for the purpose of promoting products or programs available in the United States, its territories, possessions, and protectorates. We make no representation that materials on the Website are appropriate or available for use in other locations. If you access the Website from locations other than the United States, you are responsible for compliance with any applicable local laws.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation;
For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate Gravity Vans, a Gravity Vans employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
To transmit any sexually explicit material; and
To engage in any other conduct, including discrimination or harassment, that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Gravity Vans or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and
Otherwise attempt to interfere with the proper working of the Website.
Termination
If Gravity Vans believes, in its sole discretion, that you have violated these Terms or the Privacy Policy, Gravity Vans reserves the right to immediately terminate your access to the Website, in addition to any other remedies available at law.
Intellectual Property Rights
All names, logos, service marks, and trademarks appearing in the Website, including the trademarks, service marks, brand identities, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property ("Content"), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, Gravity Design & Manufacture, LLC. This includes the entire Content of the Website, copyrighted and protected as a collective work.
The use or misuse of these trademarks or any other content on the Website, except as provided in these Terms of Use or in the Website content, is strictly prohibited. You may print copies of the information on the Website for your personal use, store the files on your computer for personal use, or reference this server from your own documents. However, you may not distribute text or graphics to others without our express written consent. In addition, you may not, without our permission, copy and distribute this information on any other server, or modify or reuse text or graphics on this system or another system. We reserve all other rights.
Your use of the Website is limited to personal and noncommercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, repost, or otherwise display the Website Content for public or commercial purposes without our written permission for such use of Content.
Copyright
All content including images, text documents, audio, video, and interactive media published on the Website is for noncommercial, educational, journalistic and/or personal use only. Any commercial use or republication is strictly prohibited. Copying, redistribution, or exploitation for personal or corporate gain is not permitted.
Claims of Copyright Infringement
In the event we receive a copyright infringement notice, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"), the written notice ("DMCA Notice") must include substantially the following:
Your physical or electronic signature;
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address;
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the written notice is accurate; and
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Gravity Design & Manufacture, LLC
Attn: Legal Department
6645 Jay Rd
Boulder, CO 80301
720-432-7676
info@gravityvans.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature;
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service of process from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright or if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Without limiting the foregoing, everything on the Website is provided to you on an "AS IS" and “AS AVAILABLE” basis WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NONINFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE(S) OR THE SERVERS MAKING THE SITE(S) AVAILABLE ARE VIRUS FREE. We do not warrant that the functions contained in these materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. TO THE FULLEST EXTENT PROVIDED BY LAW, GRAVITY VANS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your use of the Website is at your risk. Gravity Vans will not be liable for any damages including direct, indirect, incidental, consequential, or punitive damages, arising out of your access to or use of the Website and however caused, whether in contract or tort. If you become dissatisfied in any way with the Website or its Terms or Privacy Policy, your sole and exclusive remedy is to stop using the Website and its services. (Some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Gravity Vans. shall not exceed one hundred dollars ($100).)
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”):
the terms are an agreement between you and us, not with the App Distributor;
the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
We, not the App Distributor, are responsible for addressing your or any third-party claims relating to the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit our liability beyond what is permitted by applicable law;
We are responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
In the event of any third-party claim that the App infringes that third-party's intellectual property rights, we, not the App Distributor, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
You must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and
You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Indemnification
You agree to defend, indemnify, and hold harmless Gravity Vans, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Submission (as defined below), any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Links
This Website may contain links allowing you to leave the Website for other third-party sites that are not under our control. We are not endorsing any such linked sites. We are not responsible for the contents or transmission of any third-party site, or for ensuring that the third-party site is error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each third-party site you visit. When you follow a link and leave the Website, you do so at your own risk.
Submitted Ideas
You agree all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations in the Website (“each a User Submission”) shall be non-confidential and you grant us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your User Submission and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. You understand and acknowledge that we have both internal resources and other external resources, which may have developed or may in the future, develop ideas identical to or similar to the User Submission and that we are only willing to consider the User Submission on these Terms. In any event, any User Submission is not submitted in confidence and we assume no obligation, expressed or implied by considering it. Each User Submission is also subject to such other terms and conditions as we may specify for particular submissions. By submitting material to us, you represent and warrant that you have full authority to grant the rights set forth above and that your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant that you have attained the legal age of majority in your jurisdiction. The submission of any User Submission in no way creates any obligation or duty on the part of us to post or use such User Submission or, if we do so, to give you credit. We may contact you via phone, email, or mail regarding your User Submission.
Gravity Design & Manufacture, LLC. Online Privacy Policy
We take your privacy and your privacy concerns very seriously. That is why we have adopted our Privacy Policy explaining our online information collection practices and the choices you can make about the way information is collected and used. Please read and understand our Privacy Policy.
Choice of Law and Enforcement
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado without regard for conflict of laws provisions.
Contact Information
For more information or questions, please contact us at:
info@gravityvans.com
720-432-7676