Terms of Use

Gravatate, Inc.

Last Modified: January 1, 2021

User Agreement

Welcome, and thanks for using Gravatate.com and/or other Gravatate services and apps.  When you use the Gravatate website, products, services, and apps (collectively, the “Services”), you’re agreeing to our terms, so please take a few minutes to read over this User Agreement and related terms below.  The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of www.gravatate.com, including any content, functionality and services offered on or through www.gravatate.com (“Website“), whether as a guest or a registered user. 

PLEASE NOTE THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.

Acceptance Of Terms

Gravatate, Inc., a Delaware corporation (hereinafter referred to as “we,” “us,” “our,” or “Gravatate”), makes this website, including all images, information, documents, communications, files, text, graphics, software, apps, services, tools, calendars, and related products available through the site (collectively, the “Materials”) and all services operated by Gravatate and third parties through the Website, available for your use subject to the terms and conditions set forth in this User Agreement and any changes to this User Agreement that Gravatate may publish from time to time (collectively, the “Terms of Use” or “User Agreement”).  “User Content” as used in this Agreement means all images, information, documents, communications, files, text (including user comments and reviews) and graphics that you or another Website user uploads.  By accessing or using this Website in any way, including, without limitation, use of any of the Services, downloading of any Materials, purchasing of any subscription package or merely browsing the Website, you agree to and are bound by this User Agreement.  You further agree that these Terms of Use will govern your relationship with Gravatate, whether you access our Services through the Website, through a mobile device or application or through a third party website.  Your use of our Website will be subject to the most current version of this User Agreement and the rules and guidelines posted on the Website at the time of such use.  You should periodically check this User Agreement to view the then current terms.  If you breach any of the terms of this User Agreement, your authorization to use this Website automatically terminates.

BEFORE YOU CHECK THE BOX AND CLICK ON THE “CREATE ACCOUNT” OR “LOG IN” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.  BY CLICKING ON THE “CREATE ACCOUNT” OR “LOG IN” BUTTON OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS USER AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, DO NOT CLICK THE “CREATE ACCOUNT” OR “LOG IN” BUTTON; IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT YOU WILL NOT BE PERMITTED TO USE OUR SERVICES.  WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS USER AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE USE OF THIS WEBSITE AFTER THE DATE OF SUCH CHANGES.

Becoming a Member and Obtaining an Account

Before you can begin use of this Website and/or our Services, you must register as a member through the Website and obtain an account (“Account“).  By registering as a member through the Website and signing up for certain free or in the case of paid offerings, you give us permission to save your credit card information and to use that information to charge your card every month for your selected paid offering monthly subscription (options to prepay for a certain timeframe is also available).  You must be thirteen (13) years of age or older to register as a member and use the Services.  Your membership will automatically renew for successive monthly membership periods, unless you cancel your membership or your membership is otherwise terminated under these terms and conditions.  You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer.  You are solely responsible for any activity related to your Account.  If you suspect any unauthorized use of your Account, notify us immediately.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any Services or Material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website or the entire Website.

To access the Website or some of the Services or Materials it offers, you may be asked to provide certain registration details or other information.  You agree to provide true, accurate, current and complete information about yourself as prompted by the Website (such information referred to as the “Registration Data“), and you agree to maintain and promptly update your Registration Data to keep it true, accurate, current and complete at all times.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.  You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (https://www.gravatate.com/privacy-policy/), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property; Limited License to Users 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), as well as the Materials and Services on this Website and their selection and arrangement, are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property laws or proprietary rights laws, and any unauthorized use of the Materials or Services at this Website may violate such laws and these Terms of Use.  Except as expressly provided herein we do not grant any express or implied rights to use the Materials or Services.  You agree not to copy, republish, frame, download, transmit, modify, lease, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Materials, or it’s Services or their selection and arrangement, except as expressly authorized herein.  In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.

In addition to the Materials and Services offered by Gravatate, this Website may also make available materials, information, products and services provided by third parties (collectively, the “Third Party Services”).  The Third Party Services may be governed by separate license agreements that accompany such services.  We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Services.  You agree that you will not hold Gravatate responsible or liable with respect to the Third Party Services or seek to do so.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademark Information 

The trademarks, logos, and service marks, including “Gravatate” (the “Marks”) displayed on this Website are the property of Gravatate or other third parties.  You are not permitted to use the Marks without the prior written consent of Gravatate or such third party that may own the Marks.

User Contributions

The Website may contain message boards, chat rooms, shared calendars, personal web pages or profiles, forums, bulletin boards, messaging and/or communication services, mail services and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.  All User Contributions must comply with the Terms of Use of this Website.  Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By using this Website and its Services, you represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted below to Gravatate and its affiliates and service providers, and each of their and our respective licensees, successors and assigns.  By submitting any User Contributions to this Website you warrant that you are the sole copyright owner of such uploaded content and that our presentation on the Website of such content will not infringe any intellectual property belonging to a third party.  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  Gravatate is not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

License to Gravatate for User Contributions

By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a worldwide, perpetual, royalty-free, non-exclusive license to, use, publically display and present such content, and to modify, compile, perform, reproduce, sell, license, distribute and otherwise disclose to third parties any such material for any purpose, in its original form or as any derivative of such User Contributions, without payment or royalty to you or anyone else.

Digital Millennium Copyright Act 

If you are a copyright owner or an agent thereof and believe that any User Contributions or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  You may send the notification to us at support@gravatate.com.

Prohibited Communications 

You are responsible for all statements you make on this Website.  We take absolutely no responsibility for statements you make on or through the Website, and you agree to indemnify us for any loss we realize as a result of any legal action taken against us because of your User Contributions or your violation of the terms of this User Agreement.  You may submit only User Contributions to the Website that is not in breach of these Terms of Use.  Uploaded User Contributions must be either (i) owned by you, (ii) submitted with the express permission of the owner or within the scope of the license to such content, or (iii) in the public domain.  You are prohibited from posting or transmitting to this Website any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.  Violation of these restrictions may result in automatic and immediate denial of or limitations on access by you to this Website. 

User Conduct 

In using the Website, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other users use or enjoyment of the Website or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Website any viruses or other harmful, disruptive, or destructive files or functions; and (iii) not to disrupt or interfere with the security or privacy of, or otherwise cause harm to, the Website, or any Services, Materials, system resources, servers, or networks connected to or accessible through the Website or any linked sites. 

Managing Content And Communications 

Gravatate reserves the right, in its sole discretion, to delete or remove User Contributions from the Website and to restrict, suspend, or terminate your subscription and access to all or part of this Website, at any time without prior notice or liability.  We reserve the right to pursue all reasonable redress including full compensation for any damages associated with malicious or other behaviors or actions resulting from unauthorized use of this Website.  Gravatate may, but is not obligated to, monitor or review any areas on the Website where users and members transmit or post User Contributions.  To the maximum extent permitted by law, we will have no liability related to User Contributions.  However, we do not undertake to review all material or User Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  We disclaim all liability with respect to the misuse, loss, modification, or unavailability of any User Contributions.  Since we do not control the User Contributions posted on the Website we cannot and do not guarantee the accuracy, integrity or quality of such User Contributions.  We take no responsibility whatsoever with respect to the accuracy or integrity of any User Contributions, including reviews and recommendations, made available on the Website.  More specifically, our users may upload reviews or comments concerning the Services or the Materials we make available on or through the Website.  Any such opinions or advice are those of the respective authors and not of Gravatate.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS GRAVATATE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GRAVATATE/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE GRAVATATE/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Local Laws, Rules & Regulations

We make no representations that content, materials or services in or from this website are appropriate or available for use in jurisdictions outside the United States.  Access to the website from jurisdictions where such access is illegal or otherwise not permitted is strictly prohibited.  If you choose to access the website from other jurisdictions, you do so on your own initiative and you are solely responsible for compliance with all applicable local laws, rules and regulations.  We are not responsible for any violation of such laws, rules or regulations.  You may not use or export the information contained on the website or materials in the website in violation of United States export laws and regulations.  You agree that the website, this Privacy Policy, the Terms of Use and the Platform Guidelines shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Gravatate maintains your user account, or, if we transfer your user account to another location, where Gravatate currently maintains your user account.  The website and its services shall be deemed a passive website and services that do not give rise to personal jurisdiction over Gravatate, either specific or general, in jurisdictions other than the states covered by the preceding sentence.  You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Gravatate maintains your user account.  You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

Disclaimers of Warranties 

The Materials and Services (including the Products provided under the Service or Purchased through the Website) are provided “AS IS“; Gravatate makes no representations or warranties of any kind with respect to the Services, Materials, the Website, or any contents therein.  We assume no liability or responsibility for any errors or omissions in providing the Materials and Services, any failures, delays, or interruptions in the Services, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by Gravatate, or any conduct by users of the Website. 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  

YOUR USE OF THE WEBSITE, ITS CONTENT, THE MATERIALS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, THE MATERIALS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER GRAVATATE NOR ANY PERSON ASSOCIATED WITH GRAVATATE™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER GRAVATATE NOR ANYONE ASSOCIATED WITH GRAVATATE™ REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

GRAVATATE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO THE SERVICE, THE MATERIALS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT.  IN ADDITION, GRAVATATE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THE WEBSITE OR THROUGH THE SERVICE IS COMPLETE OR CURRENT.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  GRAVATATE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  

Limitation of Liability

GRAVATATE AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE MATERIALS, THE WEBSITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO GRAVATATE BY YOU UNDER THESE TERMS OF USE (INCLUDING YOUR SUBSCRIPTION FEES).  EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.

IN NO EVENT WILL GRAVATATE, ITS AFFILIATES, SUPPLIERS AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, ATTORNEYS, AFFILIATES, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, shareholders, 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 this User Agreement, these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, Services, Materials, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Termination

You agree that we, in our sole discretion, may terminate your password, Account, or use of the Services or the Website for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this User Agreement.  You agree that any termination of your access to the Services or the Website may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information. 

Governing Law, Jurisdiction, Venue and Arbitration 

THIS USER AGREEMENT IS GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF DELAWARE.  BY ACCEPTING THIS USER AGREEMENT AND USING THE SERVICES, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN FAIRFAX COUNTY, VIRGINIA, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY GRAVATATE TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT GRAVATATE FROM THEFT OR FRAUD. 

Any other controversy or claim arising out of or relating to this User Agreement, the Services, the Materials, or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Fairfax County, Virginia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Delaware law.  Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Waiver and Severability

No waiver of by Gravatate of any term or condition set forth in this User Agreement and/or these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gravatate to assert a right or provision under this User Agreement and/or these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of this User Agreement and/or these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Agreement and/or these Terms of Use will continue in full force and effect. 

Entire Agreement

This User Agreement, these Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and Gravatate with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 

Your Comments and Concerns

This website is operated by Gravatate, Inc., located at 11710 Plaza America Drive, Suite 2000, Reston, Virginia 20190.  All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to Gravatate via email to: support@gravatate.com.

Thank you for visiting the Website.