Terms of service

Welcome to Project Gravitas. This website located at www.GravitasNewYork.com, our mobile and/or Internet applications, our blog, and any other website(s) owned and/or operated by Project Gravitas, LLC, and any of their associated web pages (collectively “the Website”, “we,” “us,” or “our”) is provided as a resource to our users (“you,” “your”) and contains general information about Project Gravitas and its products and services to users in the United States. All users of the Project Gravitas Website are subject to the following terms and conditions of use (these “Terms of Use”). Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, as well as by the Project Gravitas Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, please stop using the Website at this time. If you do not wish to agree to these Terms of Use, please stop using the Website at this time.

Project Gravitas may modify or supplement these Terms of Use at any time without notice, by posting the amended terms to this Website. Your continued use of the Project Gravitas Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.

Although you may choose to “bookmark” a particular portion of the Website, and thereby bypass these Terms of Use, your continued use of the Website indicates your continued acceptance of the Terms of Use and your acknowledgement that you are still bound by them.

USE OF THE PROJECT GRAVITAS WEBSITE

In addition to providing users with information about Project Gravitas products and services, the Website may contain forums, bulletin board services, message boards, communities, information, images, text, and/or other interactive features designed to allow you to communicate with the Internet community or with a specific group. You agree to use the Project Gravitas Website only for lawful purposes:

1. WHAT YOU CANNOT DO WHEN YOU USE THIS WEBSITE: Specifically you agree not to do any of the following: (1) communicate to Project Gravitas or upload to or transmit on the Project Gravitas Website any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Project Gravitas Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Project Gravitas Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Project Gravitas Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including email addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Project Gravitas Website, or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Project Gravitas Website); (10) post “spam,” transmit chain letters, or engage in other similar activities; (11) post or transmit any information about any minor children, whether yours or children of others; or (12) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Project Gravitas Website, or which, as determined by Project Gravitas, may harm Project Gravitas or users of the Project Gravitas Website, or expose them to liability.
2. YOU ARE RESPONSIBLE FOR YOUR CONTENT: You understand and acknowledge that you are responsible for whatever content you submit, including but not limited to written stories, photos, videos, comments, feedback, suggestions, ideas, and questions (collectively, “User-Generated Content), and you, not Project Gravitas, have full responsibility for such User-Generated Content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting User-Generated Content to any aspect of the Website, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions, and that you have the right to post it to the Website. The subject of any photo posted to our Website must be a photo of you, or, if of another person(s), you must have permission from that person(s). Project Gravitas is under no obligation to (1) hold any User-Generated Content in confidence, (2) to pay any compensation to any user for User-Generated Content, and (3) to respond to any User-Generated Content. You grant Project Gravitas the unlimited right to use all User-Generated Content in any manner Project Gravitas chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, or modifying it, incorporating it into other material, or making a derivative work based on it.
3. WE AREN’T LIABLE FOR CONTENT PROVIDED BY OTHERS: Any content and/or opinions uploaded, expressed or submitted to a message board, forum, blog, or any other publicly available section of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Project Gravitas, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Project Gravitas. All information publicly or privately transmitted through the Website is the sole responsibility of the person from whom such information originated, and Project Gravitas will not be liable for any errors or omissions in content. Project Gravitas cannot guarantee the identity of any other users with whom you may interact in the course of using the Website or the authenticity of the data provided by other users. You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Project Gravitas (and the officers, directors, agents, and employees of Project Gravitas) from claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
4. WE RESERVE THE RIGHT TO REMOVE ANY PROBLEMATIC MATERIALS: Project Gravitas reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Website which Project Gravitas, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Project Gravitas has been notified, or has reason to believe, constitutes copyright infringement; (2) terminate any user’s access to all or part of the Website; and (3) reformat, excerpt, or translate any content submitted by you. However, Project Gravitas can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Project Gravitas assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. Project Gravitas reserves the right to take any action it deems necessary to protect the personal safety of users of the Website and the public; however, Project Gravitas has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
5. CERTAIN PARTS OF THE SITE ARE PASSWORD PROTECTED: To access the Website or certain portions of it, you may be asked to provide certain registration details or other information. For example, you must create an account in order to use certain features of the Website. It is a condition of your use of the Website that all the information you provide on the Website will be correct, current, and complete.
6. COMPLIANCE WITH THE TERMS: Your failure to comply with the provisions of these Terms of Use may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.

MAKING A PURCHASE

You may purchase products directly through this Website. All purchases shall be subject to our Company Policies, which are incorporated by reference into these Terms of Use. Project Gravitas reserves the right to limit the number of products purchased by the same account, by the same credit card, or on orders using the same billing or shipping address, in its sole discretion.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Website (including all information, software, text, displays, images, and audio) and the design, selection, and arrangement thereof, are proprietary to Project Gravitas or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized only to use the content on the Project Gravitas Website for personal use or legitimate business purposes related to your role as a current or prospective customer of Project Gravitas. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this Website without the prior written consent of Project Gravitas, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Project Gravitas Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Project Gravitas or the applicable owner of such content. Except as expressly authorized by Project Gravitas in writing, you may not reproduce, sell, or exploit for any commercial purposes (i) any part of this Website, (ii) access to this Website, or (iii) use of this Website or of any products or services available through this Website.

You may not (and may not authorize any party to) (A) co-brand this Website, or (B) frame this Website or any web page related thereto without the express prior written permission of an authorized representative of Project Gravitas. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with Project Gravitas in causing any unauthorized co-branding, framing, or hyperlinking immediately to cease.

TERMINATION OR RESTRICTION OF ACCESS

Membership on the Website is free at this time. You cannot be a member of the Website if you are under 18 or in violation of these Terms of Use. Project Gravitas reserves the right, in its sole discretion, to terminate your access to the entire Website or any portion thereof at any time, without notice. Your right to access the Website is effective until terminated by you or by Project Gravitas, which may be done at any time. Upon termination, you shall cease to use the Website in its entirety. Project Gravitas may terminate your rights to access the Website without any refund obligation or other liability, if you fail to comply with these Terms of Use.

TRADEMARKS

The names, logos, product and service names, design marks, and slogans of Project Gravitas are the trademarks and service marks of Project Gravitas (“Project Gravitas Trademarks”). All other products or trademarks contained herein are used for identification purposes only and may be the trademarks of their respective owners. None of the Project Gravitas Trademarks may be used in any commercial manner without the prior written consent of Project Gravitas.

THIRD-PARTY LINKS; DEALINGS WITH OTHER MERCHANTS

For your information and convenience, the Project Gravitas Website contains links to other websites on the Internet. Project Gravitas is not responsible for and does not endorse the content, products, services, or privacy practices of any third-party websites, including, without limitation, sites framed within the Project Gravitas Website or third-party advertisements, and does not make any representations regarding their quality, content, or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. Further, a reference on the Project Gravitas Website to any products, services, hypertext links to third parties or other information by trademark, trade name, manufacturer, or otherwise does not necessarily constitute or imply endorsement, sponsorship, or recommendation. Project Gravitas does not make any representations regarding the quality, content, or accuracy of such information or provide any warranties as to such products, services, or trademarks.

If you choose to correspond with or engage in transactions with any other merchant found on or through this Website, you acknowledge and agree that Project Gravitas is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and that merchant. Likewise, you understand that you are responsible for your involvement with any other third parties related to this Website, including other Website users. You agree that Project Gravitas will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction with any merchant, third party related to the Website, or other Website user. However, Project Gravitas is interested in your feedback regarding any such negative interaction, so that we can protect the integrity of our Website.

SOCIAL MEDIA SITES

The Project Gravitas Website may contain links and plug-ins with third-party social media sites (e.g. Facebook, Twitter). Project Gravitas makes these links and plug-ins available for informational purposes only, subject to the guidelines and disclaimers applicable to such pages. Moreover, your use of any Project Gravitas pages on social media sites is subject to the guidelines and disclaimers from those sites and those posted by Project Gravitas, as well as these Terms of Use. Any such guidelines and/or disclaimers are hereby incorporated by reference into these Terms of Use.

DISCLAIMER; LIABILITY OF PROJECT GRAVITAS

You assume all responsibility and risk for the use of this Website and the Internet. Project Gravitas does not assume any liability for the materials, information, and opinions provided on, or available through, the Project Gravitas Website (the “Site Content”). Any of the Site Content may include technical, accuracy, and typographical errors. Project Gravitas has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Project Gravitas or its employees shall create any warranty. Reliance on such advice, information, or the Site Content is solely at your own risk. Project Gravitas disclaims any liability for injury or damages resulting from the use thereof.

Project Gravitas shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on this Website. Our product descriptions and specifications are subject to change without notice to users. We produce our merchandise in small batches and use our best efforts to represent our products as accurately as possible, but Project Gravitas is not liable if our products do not meet your specifications. Please see our Frequently Asked Questions for more information.

Project Gravitas assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data, or other property on account of your access to, use of, or browsing in this Website, or any other linked websites on or in the Internet generally or your downloading of any materials, data, text, images, video, or audio from this Website or any linked web site or the Internet generally.

THE PROJECT GRAVITAS WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER PROJECT GRAVITAS NOR ANY PERSON ASSOCIATED WITH PROJECT GRAVITAS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS, OR AVAILABILITY OF THE SITE CONTENT OR THE PROJECT GRAVITAS WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER PROJECT GRAVITAS NOR ANYONE ASSOCIATED WITH PROJECT GRAVITAS WARRANTS OR REPRESENTS THAT THE PROJECT GRAVITAS WEBSITE, THE SITE CONTENT, OR THE PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE PROJECT GRAVITAS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE PROJECT GRAVITAS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PROJECT GRAVITAS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL PROJECT GRAVITAS OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PROJECT GRAVITAS WEBSITE, THE SITE CONTENT, ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PROJECT GRAVITAS WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY PROJECT GRAVITAS AND WHETHER OR NOT PROJECT GRAVITAS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold harmless Project Gravitas and its officers, directors, employees, agents, affiliates, third-party information providers, licensors, and others involved in the Project Gravitas Website or the delivery of products, services, or information over the Project Gravitas Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of this Agreement or your use of the Project Gravitas Website or any products, services or information obtained from this Website.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

Our use of your personal information and your responsibilities in connection with protecting your privacy are described in the Project Gravitas Privacy Policy, which is incorporated by reference into these Terms of Use.

Any passwords used for this Website are for individual use only. You will be responsible for the security of your password. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Project Gravitas reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Project Gravitas reserves the right to investigate suspected violations of these Terms of Use.

Project Gravitas reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing Project Gravitas to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS PROJECT GRAVITAS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PROJECT GRAVITAS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PROJECT GRAVITAS OR LAW ENFORCEMENT AUTHORITIES.

COPYRIGHT CONCERNS

In accordance with the Digital Millennium Copyright Act, if you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Project Gravitas copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Project Gravitas and its affiliates that your copyrighted material has been infringed:

• 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 upon;
• A description of where the material that you claim is infringing is located on the Website;
• 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.

The copyright agent for notice of claims of copyright infringement on the Project Gravitas Website can be reached as follows: 
318 W. 39th Street, Suite 308, NY, NY 10018; Hello@GravitasNewYork.com

COMMENTS AND SUBMISSIONS

Anything that you submit to Project Gravitas is non-confidential for all purposes and will not be held in confidence. Project Gravitas does not want to receive confidential or proprietary information from any user through this Website. Should you provide Project Gravitas or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Website, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of Project Gravitas and you agree that all intellectual property rights therein are transferred to Project Gravitas. Project Gravitas assumes no obligation to protect such information from disclosure. The submission of such information to Project Gravitas shall in no way prevent the purchase, manufacture or use of similar products, services, plans, and ideas by Project Gravitas for any purpose whatsoever and Project Gravitas shall be free to reproduce, use, display, broadcast, disclose, transmit, and distribute the information to others without restriction.

GOVERNING LAW; JURISDICTION

Your use of this Website shall be governed by the laws of the State of New York and the United States of America. These Terms of Use shall be governed in all respects by, and construed in accordance with, the laws of the State of New York, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Project Gravitas Website shall be in the state or federal courts located in New York, New York. You agree to submit to the jurisdiction of such courts.

Limitations of Use by Visitors from Outside the U.S.

The owner of this Website is based in the State of New York, USA. Project Gravitas makes no representation that this Website is appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws. Neither this Website, nor any underlying information or technology may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria) or to anyone on the U. S. Treasury Department’s list of Specially Designated Nations or the U. S. Commerce Department’s Table of Denial Orders. By downloading or using any element of this Website, you are agreeing to the foregoing, and you are certifying that you are not located in, under the control of, or a national or resident of any such country or any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction, which may impact your right to use this Website. This Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Project Gravitas intends to make such products and services available in such countries.

GENERAL

The provisions of these Terms of Use shall be severable. If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. Failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Project Gravitas nor any trade practices shall be deemed to modify these Terms of Use. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Project Gravitas with respect to this Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action is barred. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Project Gravitas as a result of these Terms of Use or use of this Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Project Gravitas may revise these Terms of Use at any time by updating this posting. Such revised Term of Use will apply to the use of this Website after they are posted

These Terms of Use were last updated on September 16, 2014.

CONTACT

If you have any questions about this Website or the products or services offered, please contact us at Hello@GravitasNewYork.com or phone us at (888)-866-2007.