Terms of Use

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Terms of Use

Thank you for visiting the Revolution Gray website currently located at https://revolutiongray.com(the “Site”), a project of RevolutionGray, LLC.  By using and/or visiting the Site, you agree to both these Terms of Use and RevolutionGray’s Privacy Policy.  You understand that RevolutionGray has the right to update these policies from time to time upon posting revised policies on the Site.  By continuing to use the Site, you agree to the policies as amended.  If you do not agree to any of these terms, please do not use the Site.

Electronic Communications

Visiting the Site or sending emails to RevolutionGray constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites

The Site may contain links to other websites (“Linked Sites”). RevolutionGray has no control over, and assumes no responsibility for, the content, privacy policies or practices of any Linked Site. RevolutionGray is providing links to Linked Sites only as a convenience, and the inclusion of any link does not imply endorsement by RevolutionGrayof any Linked Site or any association with its operators. By using the Site, you expressly relieve RevolutionGray from any and all liability arising from the use of any Linked Site.

Permitted Use of the Site

RevolutionGray grants you permission to use the Site only as set forth in these Terms of Use.  You may use the Site solely for your personal, noncommercial use.  You must obtain prior written permission from RevolutionGray to use any part of the Site for any other purpose.

Restrictions on Use

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to RevolutionGray’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  Notwithstanding the foregoing, RevolutionGray grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials.  RevolutionGray reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit any users of the Site for any commercial purposes.

Intellectual Property

All content on the Site, including text, graphics, images, videos, music, sounds and the like, as well as the compilation thereof, and all software used on the Site, and the trademarks, service marks and logos contained therein, is owned by or licensed to RevolutionGray and is subject to copyright and other intellectual property rights.  All content on the Site is provided to you AS IS for your information and personal use and may not be used for any purpose other than as authorized herein, without the prior written consent of the respective owners.  If you download or print a copy for your personal, noncommercial use, you must retain and abide byall copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You agree that you do not acquire any ownership rights in any of the Content on the Site.  You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict the use of copying of any content or enforce limitations on the use of the Site.

Use of Interactive Elements of the Site

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group.  You agree to use such areas of the Site only to post, send and receive messages and material that are appropriate and related to the particular discussion. By way of example, and not as a limitation, you agree that when using the Site,you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, materialor information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless specifically authorized by RevolutionGray to do so; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Site; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations. RevolutionGrayhas no obligation to monitor your use of the Site. However, RevolutionGrayreserves the right to review materials posted to the Site by users and to remove any materials in its sole discretion. RevolutionGrayreserves the right to terminate your access to any or all of the Site at any time without notice for any reason whatsoever. RevolutionGrayreserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in RevolutionGray’s sole discretion.RevolutionGray does not control or endorse the content, messages or information posted by users to the Site and, therefore, RevolutionGray specifically disclaims any liability with regard to the user posted content on the Site.

You retain ownership of the materials you post to the Site (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting a Submission, you are granting RevolutionGray permission to use your Submission in connection with the operation of its business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission in any and all media throughout the world; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. RevolutionGray is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in RevolutionGray’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including the right to grant the permissions to RevolutionGray included herein.

Takedown Provisions

If you believe that materials that have been posted on the Site have copied your work in a way that constitutes copyright infringement, please provide RevolutionGray’s Copyright Agent (identified below) the following information:

1.      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2.      A description of the copyrighted work that you claim has been infringed.
3.      A description of where (by URL and physical description) the material that you claim is infringing is located on the Website.
4.      Your address, telephone number, and email address.
5.      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.
6.      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.

RevolutionGray’s Copyright Agent is:  Terri Holley

Upon our receipt of a takedown notice materially complying with all of these requirements, we will remove, or cause to be removed, the identified materials.  The individual that had posted such materials will then have an opportunity to demand reposting.  You will receive notice of such if the individual properly requests reposting.  RevolutionGray will not accept third party materials from repeat offenders.

International Users

The Siteis controlled, operated and administered by RevolutionGray from our offices within the USA. If you access the Sitefrom a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site or any content on the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulation.

Indemnification

You agree to indemnify, defend and hold harmless RevolutionGray, its officers, directors, employees, and agents, from and against any and all losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (i) your use of or inability to use the Site; (ii) any claim that your Submissions violates any third party right or any law; (iii) your violation of any term of these Terms of Use; or (iv) your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  RevolutionGray reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RevolutionGray in asserting any available defenses.

WarrantyDisclaimer

YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK.  REVOLUTIONGRAYAND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR ANY LINKED SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND LINKED SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  REVOLUTIONGRAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALLWARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND LINKED SITES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  REVOLUTIONGRAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  REVOLUTIONGRAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REVOLUTIONGRAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVOLUTIONGRAYOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAYCONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Ability to Accept Terms and Conditions of Use

You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms and Conditions of Use.  In any case, you affirm that you are at least 13 years of age, as the Site is not intended for children under 13.

General                                                                                     

RevolutionGray reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. These Terms of Use shall be governed by the laws of the State of Maryland without regard to its conflict of law rules and you hereby consent tothe exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and RevolutionGrayas a result of these Terms of Use or use of the Site. RevolutionGray’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogationof RevolutionGray’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by RevolutionGray with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and theremainder of the Terms of Useshall continue in effect. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between the user and RevolutionGraywith respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RevolutionGray with respect to the Site.   No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and RevolutionGray’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of any such right or provision.

Changes to Terms of Use

RevolutionGray reserves the right, in its sole discretion, to change these Terms of Use at any time.  The most current version of the Terms of Use will supersede all previous versions. RevolutionGray encourages you to periodically review the Terms of Use to stay informed of our updates.  The date of the most recent update will be listed below.

Contact Us

RevolutionGray welcomes your questions or comments regarding these Terms of Use or the Site.  Please email us at contact@revolutiongray.com.

 

Effective as of August 5, 2013