Effective date November 13th, 2020
Scope of Permitted Uses and Revocable License
Your use of the Platform is limited solely to your personal and non-commercial use. You may only create one account, and you may only use your account to access the Platform a maximum of one time at any one time across all of your devices (i.e., you cannot use multiple devices to access your account at the same time). You may not build a business on, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Platform or its content, whether or not for profit.
The Platform, including any software or services and accompanying documentation, are licensed, not sold or otherwise transferred, to you by us. You are hereby granted a limited non-transferable, non-exclusive license to use the Platform and any associated services for your personal, non-commercial use. The Platform contains material that is derived in whole or in part from material supplied and owned by Gregorys and/or third parties (collectively, “Content”). You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the Platform. You may not rent, lease, lend, sell, redistribute or sublicense the Platform or any use of it, including any associated software, or distribute content on the Platform over a network where it could be used by multiple devices at the same time. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Platform, or its servers and infrastructure.
You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (“Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) software, (ii) any copyright, trademark, or other proprietary notices marked on the Platform or Content, (iii) any digital rights management mechanism or other content protection or access control measure associated with the Platform or Content, or (iv) any advertisement on the Platform and/or within Content. The foregoing shall apply to you regardless of the method in which Gregorys makes the Platform available to you.
Access to and Availability of the Platform
Creating an Account.
If you establish an account on our Platform, you agree to provide true, accurate, and current information in connection with that account. Any usernames and passwords are for individual use only, and may not be profane or objectionable. You are solely responsible for maintaining the security and confidentiality of your account and password. You agree not to share your password or account. You agree to immediately notify us of any suspected unauthorized use of your password or account, or any other breach of security.
Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to the Platform.
- No Interference. You may not interfere with any other user’s ability to use the Platform.
- Don’t Damage The Platform or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus, or any other computer code, that is designed or intended to disrupt, damage, or limit the functioning of the Platform, or to obtain unauthorized access to the Platform or Content or any data or other information of any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access or use to other accounts, computer systems, or networks related to or in connection with the Platform, or information therein. Gregorys, in its sole and absolute discretion, shall determine whether your action violates this provision.
- No Collection of Personal Information from Other Users. You may not collect information about other users of the Platform or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.
- Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your identity, and/or your professional or other affiliation with any other person or entity.
- No Criminal or Unlawful Conduct. You may not use the Platform, or any information contained therein, for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
- No Harassment. You may not use the Platform in any way that would threaten, harass, bully, or harm another.
Children’s Online Privacy Protection Act Notification
The Platform is not designed or intended for use by children under the age of thirteen (13), and are not permitted to be used by children under the age of eighteen (18).
Disclaimer and Limitations
Disclaimers of Warranties
GREGORYS PROVIDES THE PLATFORM ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE PLATFORM, OR YOUR ACCESS TO OR USE OF IT, WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Exclusion of Damages
GREGORYS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR OUR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 ABOVE (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT) OR (2) CONTENT POSTED TO THE PLATFORM.
Limitation of Liability
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
Indemnification and Termination
U.S. Use Only
Binding Arbitration; No Class Relief.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Gregorys agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Location of Arbitration and Governing Law. The Arbitration shall be held in New York County, New York; or (ii) at such other location as may be mutually agreed upon by you and Gregorys; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission. The Arbitrator shall (i) apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations;
No Class Relief. The Arbitration can resolve only your and/or Gregorys’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Gregorys will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
Small Claims Matters are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Gregorys in your local small claims court within the U.S. if your claim is within such court’s jurisdictional limit; provided, that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
Notice to California Users
Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software. All internet service provider, mobile service, and other services needed to access the Platform, and all charges related thereto, are your sole responsibility.
You May Contact Us
If you have any questions, comments or claims, please contact us at:
- Postal Mail: Gregorys Coffee, Re: Privacy Compliance Officer, 874 6th Avenue New York, New York US 10018
- Email Privacy: email@example.com