Gravity and Momentum reserves the right to update or modify these Terms and Conditions at any time. We encourage you to review these Terms and Conditions whenever you purchase products from Gravity and Momentum or otherwise use the site. By accessing or using the Site, you agree to be bound by the Terms and Conditions posted on the Site at the time of your access.
As between Gravity and Momentum and you, we are the sole owner of all content on the Site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Site (“Gravity and Momentum Proprietary Material”). The compilation (meaning the collection, arrangement and assembly) of all Gravity and Momentum Proprietary Material on the Site is the exclusive property of Gravity and Momentum. The contents of the Site are copyrighted under United States copyright laws.
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Proper Use of the Site
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Gravity and Momentum or to purchase Gravity and Momentum products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Gravity and Momentum is strictly prohibited.
Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Gravity and Momentum, Gravity and Momentum has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Gravity and Momentum. Gravity and Momentum has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Gravity and Momentum sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Gravity and Momentum seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Gravity and Momentum is providing the site and the content on an “as-is” basis and makes no representation or warranties of any kind, express or implied, with respect to the operation of the site, the information, content, materials or products, included on the Site. To the fullest extent permitted by law, Gravity and Momentum disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Gravity and Momentum does not represent or warranty that the information accessible vie the Site is accurate, complete or current. Gravity and Momentum will not be liable for any damages of any kind arising out of or in connection with use of the site. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Limitation of Liability
Except as provided in the Disclaimer Section above, your sole and exclusive remedy for any other dispute with us relating to the use of the Site is to discontinue your use of the Site. In no event shall our liability, or the liability of our agents, affiliates and representatives for any and all claims relating to the use of the Site exceed the total amount of fees that you paid us during a one-year period for the specific service at issue or the cost of the product at issue. Your sole and exclusive remedy for any dispute regarding any product purchased on the Site is a refund of the price paid or replacement of the product.
You agree to defend, indemnify and hold harmless Gravity and Momentum (and its officers, directors, agents, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms and Conditions; (c) a breach of these Terms and Conditions; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property, or privacy right); or (e) any claim that any content that you submitted to the Site caused damage to a third party. This indemnification obligation will survive termination of these Terms and Conditions and your use of the Site.
No Reseller Activity
The products and services available on the Site, including any samples Gravity and Momentum may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Gravity and Momentum without express consent from Gravity and Momentum. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions.
Failure of Gravity and Momentum to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Gravity and Momentum’s ability to enforce any other provision in these Terms and Conditions.
If any of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, the validity and enforceability of any remaining provisions shall not be affected.