Terms and Conditions, Including a Mandatory Arbitration and Class Action/Jury Trial Waivers Clause
Last Revised: November 30, 2023
The Gravy mobile application (the “App”), along with the Gravy website (“Website”), is owned and operated by Gravy Technologies, Inc. (“Gravy,” “we,” “our,” or “us”). The App and the Gravy Website provide information about our programs and services (“Services”).
THESE TERMS AND CONDITIONS, ALONG WITH THE GRAVY REWARDS TERMS AND CONDITIONS, FOUND AT GRAVY.CO/REWARDS-TERMS
NOTICE OF MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVERS CLAUSE.
These Terms contain a mandatory (binding) arbitration and class action and jury trial waiver clause (collectively referred to as the “arbitration clause”). Except for certain types of disputes described in the arbitration clause below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the App, Website, or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, see section 16 below.
We may make changes to the content available on the App and Website at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the App and Website. We will make commercially reasonable efforts to notify you of any material changes to these Terms however we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms with the exception that we will not amend the arbitration clause without giving you notice and an opportunity to opt out of such provision. By using the App and Website after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.
In addition to these Terms, your use of certain Services may be governed by additional agreements.
. Although it is not part of these Terms, we encourage you to read both policies to better understand how you can update, manage, access, and delete your information. You agree to electronic receipt of all Privacy Disclosures, as required by 16 C.F.R. part 313.
1. ACCESSING THE APP AND WEBSITE
We reserve the right to withdraw or amend the App and/or Website, and any Services or Materials (defined below) we provide on the App and Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App and Website is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the App and/or Website, or the entire App and/or Website, to users, including registered users.
You are responsible for both:
• Making all arrangements necessary for you to have access to the App and Website.
• Ensuring that all persons who access the App and Website through your internet connection are aware of these Terms and comply with them.
To access the App and Website, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App and Website that all the information you provide is correct, current, and complete, and that you have the authority to provide such information to us.
To enroll in the Services, you must create an account with a username and password. 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 the App and Website or portions of the App and Website using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
1.1 Security of the Mobile Device
You have the sole responsibility for maintaining the safety, security, and integrity of the mobile device you access the App and/or Website with. You agree not to leave the mobile device unattended while logged into the App or Website and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any person. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use the mobile device, login information or any other means to access the App, you will be held responsible for any Services they engage in or transactions they undertake and we will not be liable for any damages resulting to you.
The App and Website are free to all users and provide the basic features available through our Services. There are certain Services that do carry a fee, whether through the Gravy+ Service as described below, or otherwise. You will be advised of the amount of fees for the specific Service prior to purchasing. We reserve the right to charge for certain features or all the Services in the future, whether or not through Gravy+.
We will notify you before any features or Services begin carrying a fee, or before the then-current fee changes to the extent you are already signed-up for those features or Services, and if you wish to continue using such features or Services, you must pay all of the applicable fees. You understand and agree that you are responsible for all charges and fees that your internet or wireless service provider may charge you for your use of the Services.
If you choose, in your sole and absolute discretion, to terminate your relationship with Gravy by closing your Gravy account, there will be no fees or penalties assessed for termination. Notwithstanding the foregoing sentence, to the extent you owe Gravy money for features or Services at the time of termination, including Gravy+, you will be obligated to pay Gravy for such features or Services and your indebtedness for such features or Services shall not be construed as a fee or penalty for termination. We will honor your termination request within two business days of receipt of a request to cancel your Gravy account. To cancel your Gravy account, email us at firstname.lastname@example.org
3.1 Gravy+ General Terms and Conditions
Gravy+ is a Service offered on the App and Website that includes a variety of features for a fee, plus sales tax (if applicable). You will be advised of the fee prior to enrolling in Gravy+. You may be given the option to be charged a monthly fee or an annual fee (or in any other cadence that we may offer). You agree to be billed automatically, up-front, at the cadence you have selected. If you choose an annual subscription, your Gravy+ subscription will be automatically renewed on the one-year anniversary of your enrollment. If you choose a monthly subscription, you will be automatically renewed on the same day each month as your original enrollment day (or if no such day exists, the following day). If you would like to change your billing interval (e.g.,
change from monthly to annual), email us at email@example.com
. You may cancel your Gravy+ Service at any time on the app. You will be responsible for any charges already incurred. For example, if you chose a monthly subscription and cancelled your Gravy+ enrollment mid-month, you will not be entitled to a refund for any portion of the unused month. Similarly, if you chose an annual subscription service and cancelled mid-year, you will not be entitled to any proportionate refund. We also reserve the right to cancel your Gravy+ subscription at any time without any obligation to refund, unless otherwise required by law.
The Gravy+ fee may be modified from time to time and we will notify you in advance of any fee changes. Your continued use of Gravy+ after notification of the fee increase will constitute your acceptance of such fee changes and your agreement to pay all of the applicable fees. Gravy does not process your Gravy+ enrollment payment nor does it collect or store credit or debit card data. All such data is collected and stored by Apple or Google, dependent upon your hardware and Gravy disclaims any and all liability for any payment processing errors, compromise of your credit or debit card information, or other payment-related matters. Notwithstanding the previous sentence, if believe you have been improperly charged a fee for the Gravy+ Service, please contact us at firstname.lastname@example.org
.3.2 Gravy+ Features
Gravy+ includes a variety of features available on the App and Website. Gravy reserves the right to add or discontinue any Gravy+ features at any time. Subject to the previous sentence, the following features are currently available in Gravy+:• 2x Rent Rewards. See Gravy Rewards Terms and Conditions.
• Credit Hub
Gravy does not separately access your credit report data from a credit reporting agency; however, Gravy will display your credit report information in Credit Hub, as provided by Array. Gravy disclaims all liability and makes no warranties, express or implied, regarding the information you receive via Array, as displayed within the Gravy App. If you have any questions, concerns, or need to report any errors, you must contact Array directly.
You understand and acknowledge that Gravy is not a licensed credit repair organization, credit counselor, credit services organization, debt management company, debt settlement company, or any other organization in the business of offering advice as to how to improve or repair your credit. Any information provided in the Gravy app as to your credit score is not to be construed as advice from Gravy. • Gravy Gifting
. By your election to participate in this feature, you will receive a unique link to a personal, external website that may be shared with your friends and family. On this external website, which can be accessed by anyone with the unique link, your friends and family (or others) may make contributions to your Account. Payments can be made via debit card or credit card or other payment mechanism that Gravy or its third-party payment processor, Stripe, may offer in the future including, but not limited to, an ACH payment. By enrolling in Gifting, you agree to Stripe’s Terms and Conditions, found here. A contributor is limited to making contributions not to exceed $10,000 (exclusive of processing fees) in a one-year period. For example, if Jack makes a $10,000 one-time contribution (totaling $10,315.55 with processing fees) to sister Jill’s Account on Oct. 31, 2021, Jack may not make another contribution to Jill’s Account until November 1, 2022.
By electing to participate in Gifting, you understand and agree that Gravy will not be responsible or liable to you or the contributor or contributor’s financial institution for any financial transactions as between the contributor and you (via your Account). You further understand and agree that any contributor will be assessed a processing fee when they make a contribution to your Account – this processing fee will not be part of the contribution made to your Account, but rather is a charge to cover credit and debit card processing and interchange fees. You understand that you bear the responsibility for any tax consequences of contributions made to your Account and any other aspects of Gifting. You should consult your attorney or tax advisor to determine if there are any implications to your participation in Gifting. Gravy does not provide tax or legal advice.
You understand that Mortgage Lender, as part of their underwriting process, may require you to provide a gift letter (or similar documentation) from parties who make contributions to your Account via your unique, external-facing website. At your request, Gravy will provide you with documentation of the contribution, but makes no warranties that this will be deemed sufficient by Mortgage Lender. As a result, you acknowledge that if the documentation provided by Gravy is not sufficient for the Mortgage Lender, you may need to obtain a gift letter (or similar documentation) directly from the contributor. You understand that Gravy does not proactively make contribution documentation available to you and you must request documentation by contacting email@example.com
. You further understand that Gravy will make such documentation available to you, upon request, but will not directly provide such information to Mortgage Lender.Gravy disclaims all liability and makes no warranties that the contributions you receive will be used by Mortgage Lender to underwrite your Loan.
Gravy disclaims all liability and makes no warranties that the contributions guarantee or improve your chances of receiving a mortgage loan.• Gravy Home Advisor
By enrolling in Gravy+, you have access to Gravy representatives who can provide 1:1 consultation on maximizing the benefits of your Gravy account. This includes information related to the Gravy rewards program, general information pertaining to real estate agents and lenders, general information pertaining to your Gravy Savings Account, and more. You can schedule 1:1 consultation via the Gravy App or Website.
You understand and acknowledge that Gravy is not a licensed credit repair organization, credit counselor, credit services organization, debt management company, debt settlement company, or any other organization in the business of offering advice as to how to improve or repair your credit. Gravy makes no warranties or representations, express or implied, regarding any advice provided during consultations. You understand and acknowledge that Gravy does not provide legal, financial, or tax advice.4. PROPRIETARY RIGHTS
Unless otherwise specified in these Terms, all information and screens appearing on the App and Website are the sole property of Gravy or our subsidiaries and affiliates, and other parties. We provide content through the App and Website that is copyrighted and/or trademarked work of Gravy or our third-party licensors, suppliers, and service providers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.
Subject to these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand- alone personal computer or mobile device and to use the App and Website solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the App, Website, or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the App, Website, or Materials in any manner or for any purpose that would constitute infringement of our, our third-party licensors’, suppliers’, or service providers’, or the App’s or Website’s other users’ intellectual property rights. All rights not expressly granted herein are reserved.
If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.
5. YOUR USE OF THE APP AND WEBSITE
5.1 Gravy Savings Account
Deposit accounts are established by Evolve Bank & Trust, Member FDIC. Funds are FDIC insured, subject to applicable limitations and restrictions when funds are deposited to your account.
Gravy has contracted with certain service providers in order to provide services to you. Certain services are offered through Synapse Financial Technologies, Inc. and its affiliates Synapse Brokerage LLC and Synapse Credit LLC (collectively, “Synapse”) and certain third-party financial service providers (each of the foregoing being a “Partner Financial Institution”). Synapse is not a bank and is not affiliated with Gravy. Brokerage accounts and cash management programs are provided through Synapse Brokerage LLC (“Synapse Brokerage”), an SEC-registered broker-dealer and member of FINRA
. Additional information about Synapse Brokerage can be found on FINRA's BrokerCheck
By participating in a Synapse cash management program, you acknowledge receipt of and accept the Synapse Terms of Service
, and the applicable disclosures and agreements available in Synapse’s Disclosure Library
. The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the List of Program Banks
By creating an account with Gravy and initiating financial transactions, you agree to the Synapse Terms of Service
and which are incorporated herein by reference. By creating an account with us, you acknowledge that Synapse may share your information as necessary with their affiliates, Partner Financial Institutions and other service providers in connection with providing their respective services. It is your responsibility to make sure that the information you provide to Gravy is accurate and complete. Additionally, you are responsible for complying with Synapse Terms when using your account. It is your responsibility to read and understand Synapse Terms as it contains terms and conditions relating to your account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitration provisions. All financial transactions are performed by Synapse’s Partner Financial Institutions, a list of which can be found at synapsefi.com/legal
. Gravy will provide you with all access to all transaction notifications and account balances in addition to providing customer support relating to your account. You should refer to your account agreement for more important information.
If you open an account or purchase any other financial service from Synapse and its Partner Financial Institution(s) using Gravy (“Account”), you agree that the Account is administered by its Partner Financial Institution(s) with Synapse acting as the technical intermediary between Gravy and the Partner Financial Institution(s). If you open an Account, you may be asked to agree to other contracts in addition to these Terms. In the case of any conflict or inconsistency with these Terms and those contracts, the terms of the other contracts will take precedence over these Terms to the extent of such conflict or inconsistency. To report a complaint relating to your bank services, email firstname.lastname@example.org
You acknowledge that if you open an Account, your banking relationship is with Synapse and its Partner Financial Institution(s) directly. Gravy is not responsible and assumes no liability for any transactions or other financial products and services that are provided through the Partner Financial Institution(s) nor does Gravy assume any responsibility or liability for any acts or inaction by Synapse – your relationship with Synapse is governed exclusively by Synapse’s terms.
You acknowledge that if you terminate your relationship with Gravy by closing your Gravy account, as described in the “Fees” section above, your Account will also be closed. You may also, separately, at any time, subject to this section and any terms and conditions with Synapse and the Partner Financial Institution(s) close your Account without closing your Gravy Account. There will be no fees or penalties imposed by Gravy for closing your Account regardless of how your Account is closed. To the extent you owe Gravy money for features or Services at the time your Account is closed, you will be obligated to pay Gravy for such features or Services and your indebtedness for such features or Services shall not be construed as a fee or penalty for termination or closure of your Account. We will close your Account within two business days of receipt of a request to cancel your Gravy account and/or cancel your Account. To close your Account, email us at email@example.com
Gravy is required by Synapse to specify the types of electronic fund transfers you may make via an Account and any limitations on the frequency and dollar amount of transfers from an Account. Automated Clearinghouse (ACH) transactions are the exclusive mechanism that may be used to access the funds in an Account. Currently, there is no frequency limitation set by Gravy – that is, there is no limit on the number of transfers to or from your Account; however, frequency limitations may be placed on your Account by Synapse and/or the Partner Financial Institution(s). Please refer to your contracts with Synapse and Partner Financial Institution(s) for any additional frequency limitations placed on your Account. Although there are no limitations on the number of transfers you can make, Gravy does limit the dollar amount of transfers you can make to and from your Account. The following dollar amount limitations apply to transactions to and from your Account: you are limited to a maximum of $10,000 per day (subject at all times to Gravy’s daily platform limit), $25,000 per month, and $75,000 per year. Gravy retains the right to modify these limits at any time and will update these Terms and Conditions, accordingly; you will be provided with notice if and as required by law. Additional dollar amount limitations may be placed on your Account by Synapse and/or the Partner Financial Institution(s). Please refer to your contracts with Synapse and the Partner Financial Institution(s) for any additional dollar amount limitations placed on your Account. If Gravy itself implements any changes to your Account that would require advance notice to you in accordance with applicable law, it will provide such advance notice to you consistent with applicable law, notwithstanding any other notification provision herein this Terms and Conditions. Gravy bears no responsibility to provide any notice to you for changes made to the Account by Synapse or the Partner Financial Institution(s). You agree to hold Gravy harmless for any notice, or lack thereof, pertaining to changes to the Account made by Synapse or the Partner Financial Institution(s).
Gravy reserves the right to advise Synapse, as agent of the Partner Financial Institution(s), to cancel or suspend any transaction if Gravy reasonably suspects, in its sole and absolute discretion, that a transaction to or from your Account is fraudulent, unlawful, or inconsistent with applicable law. You agree to indemnify and hold Gravy harmless of any damages that result from Gravy’s determination under this paragraph.
5.2 APR and Mortgage Cost Estimator
To the extent these features are made available on the App and Website, either via Gravy or a third-party service provider, these are tools based on a certain set of inputs provided by you and are for illustrative purposes only. Alternatively, Gravy, either itself or through a third-party service provider, may showcase example APR and Mortgage Cost estimates based on a set of criteria of its own choosing and such examples are for illustrative purposes only. In either case, Gravy makes no representation as to their accuracy. For an actual APR and mortgage cost estimate, you must speak directly to a mortgage lender within Gravy’s Lender Network (“Mortgage Lender”). Rates and costs may vary between Mortgage Lenders and may vary from the APR and Mortgage Cost Estimator tools made available to you.
5.3 Real Estate Agents
For a limited time, Gravy users that formally retain, and subsequently purchase a home with, a Real Estate Agent may be eligible to receive a cash-back Homebuyer Bonus upon successfully closing the transaction, subject to certain restrictions (“Homebuyer Bonus”). The Homebuyer Bonus will be paid to you by Real Estate Agent and the actual Homebuyer Bonus amount is based on the home value and can range from $225 to $5,400. The Homebuyer Bonus is independent of, and in addition to, Gravy Rewards redeemable with Mortgage Lender (which may also be known as “Closing Cash”) as described in the Gravy Rewards Terms and Conditions – together, however, the Homebuyer Bonus and the Gravy Rewards redeemable with Mortgage Lender (aka “Closing Cash”) may be referred to as “cash-back”.
If the Homebuyer Bonus is earned by formally retaining and subsequently purchasing a home with a Realogy Real Estate Agent, the Homebuyer Bonus is subject to the following additional terms, provided by Realogy:
The cash-back Homebuyer Bonus is offered in most states. In some states, a gift card or commission reduction at closing may be provided in lieu of the cash back bonus. The program is not available for employer sponsored relocations or transactions in Iowa or outside the United States. The cash back bonus is not available in Alaska, Louisiana and Oklahoma. In Kansas and Tennessee, a MasterCard MAX gift card will be issued. In Mississippi, New Jersey, and Oregon, a commission reduction may be available at closing. The cash-back Homebuyer Bonus is only available with the purchase of your home through the use of a program-introduced real estate agent. The actual amount you receive is based on the purchase price of your home. The program award is not available in certain transactions with restricted agent commissions (including many new construction, For Sale by Owner, or For Sale by iBuyer transactions). Your assigned Real Estate Agent can help you identify any transactions where the award would not be available. All real estate commissions are negotiable. Other terms and conditions may apply. This is not a solicitation if you are already represented by a real estate broker. Please check with a program coordinator for details. Program terms and conditions are subject to change at any time without notice. Additional terms, conditions, and restrictions apply.
Gravy makes no representation regarding your eligibility for and payment of the Homebuyer Bonus with a Realogy Real Estate Agent and disclaims any and all liability for such Homebuyer Bonus.
The Homebuyer Bonus may be discontinued at any time in Gravy’s sole and absolute discretion. Gravy disclaims any and all liability for Realogy’s discontinuation of the Homebuyer Bonus when earned by formally retaining and subsequently purchasing a home with a Realogy Real Estate Agent.
Gravy makes no representation that Real Estate Agent will be capable of finding you a home and Gravy makes no express or implied warranties and disclaims any and all liability as it relates to any home found by Real Estate Agent.
By agreeing to these terms, you acknowledge that Gravy, a licensed real estate broker, may receive a referral fee from Real Estate Agent, a licensed real estate broker, upon the closing of your home, to the extent permitted by law.
5.4 Gravy Blog and Resource Center
You agree that we may contact you at any time via email, telephone (including SMS text messages), or via the App or Website, as applicable, to service your Gravy account. For emails, you can manage your notification preferences by referring to the instructions at the bottom of the email. For text messages, you can opt out of SMS messages by replying STOP.
By forwarding any content or communications to us through the App, Website, or by other electronic means, you thereby grant us a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.
7. PERMITTED USES
By accessing or using the App and Website, you agree that:
• Your use of the App and Website is subject to and governed by these Terms;
• You will only access or use the App and Website and transact business with us if you are at least 18 years old;
• You will use the App and Website solely for its Services offered in the normal course of business;
• You will always act in accordance with the law, custom, and in good faith;
• You will comply with and be bound by these Terms as they appear on the App and Website each
time you access and use the App and Website;
• Each use of the App and Website by you indicates and confirms your agreement to be bound by these Terms; and
• These Terms are a legally binding agreement between you and us that will be enforceable against you.
You further agree to not use the App or Website in any way that:
• Changes or alters the App or Website, or content or Services that may appear on the App or Website;
• Impairs in any way the integrity or operation of the App or Website;
• Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
• Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
• Transmits any harmful or disabling computer codes or viruses;
• Harvests email addresses;
• Transmits unsolicited email to the App, Website, or to anyone whose email address includes the Gravy domain name;
• Interferes with our network services;
• Attempts to gain unauthorized access to our network services;
• Suggests an express or implied affiliation or relationship with us without our express written permission;
• Impairs or limits our ability to operate the App or Website, or any other person’s ability to access
and use the App or Website;
• Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
• Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
• Dilutes or depreciates our or any of our affiliates’ name and reputation;
• Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
• Unlawfully transmits or uploads any confidential, proprietary or trade secret information.
This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use the App and/or Website (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the App and/or Website or to any other user of the App, Website, and/or Materials. We may report to law enforcement or governmental authorities any actions that may be illegal, and may cooperate with any government investigations or examinations directly or indirectly related to any potentially illegal activity engaged in via the App or Website.
8. RELIANCE ON INFORMATION POSTED
The majority of the information presented on or through the App or Website is made available solely for general information purposes. Unless obligated by law, we do not warrant the accuracy, completeness, or usefulness of this general information. Any reliance you place on such general information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App or Website, or by anyone who may be informed of any of its contents, unless we are otherwise liable under applicable law.
The App or Website may include content provided by third parties, including materials provided by third- party licensors, syndicators, aggregators, service providers, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Gravy. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, unless we are otherwise liable under applicable law.
9. THIRD-PARTY LINKS
10. FEDERAL AND STATE LAWS
The App and Website are operated from the United States and is intended for U.S. residents only. The App and Website are not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the App or Website or when using any content provided by us, you must obey all applicable U.S. federal, state and local laws.
11. MINIMUM AGE
We do not allow persons under the age of eighteen (18) to use the App or Website. By using the App or Website, you represent and warrant that you are eighteen (18) years of age or over.
12. DISCLAIMER OF WARRANTIES
Your use of the App and Website are at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on the App or Website. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.
TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APP OR WEBSITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR WEBSITE, CONTENT, OR OTHER POSTED MATERIALS ON THE APP OR WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE APP AND WEBSITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE APP OR WEBSITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. IN FURTHERANCE OF THE FOREGOING, YOUR GRAVY REWARDS MAY BE TERMINATED AT ANY TIME DUE TO THE TERMINATION OF THE APP OR WEBSITE, IN RESPONSE TO YOUR TERMINATION OF USE OF THE APP OR WEBSITE, FOR ANY REASON, OR OTHERWISE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.
13. LIMITATION OF LIABILITY
WE CANNOT GUARANTEE THE APP OR WEBSITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE APP AND WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE APP AND WEBSITE ARE UNAVOIDABLE AND WE DISCLAIM ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES WHICH MAY RESULT FROM SUCH PROBLEMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE LIABILITY OF GRAVY AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR WEBSITE, THE MATERIALS, THE CONTENT OR SERVICES OBTAINED THROUGH THE APP OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF 1) THE AMOUNT RECEIVED BY GRAVY FROM YOU FOR THE SERVICES PURCHASED IN THE 12 MONTHS PRIOR TO THE DATE OF THE INCIDENT OR 2) FIFTY DOLLARS ($50).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE APP OR WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts or omissions in connection with your use of the App and Website.
15. INJUNCTIVE RELIEF
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. By using the App or Website, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Gravy. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or Federal courts located in Missouri. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
16. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVERS.
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.
In the event that we are not able to resolve a dispute, and with the exception of our right to seek injunctive relief as described above and, similarly, your right to seek individual injunctive relief in court, you hereby agree that either you or we may elect to arbitrate any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the App, Website, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis, to the extent allowed by law. However, both parties retain the right to seek relief in a small claims court (or an equivalent court) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the Claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION CLAUSE, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS- WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE- PARTY ARBITRATION.
You and we agree that your use of the Services involves interstate commerce, and that this arbitration clause shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration clause; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a Claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not or cannot serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer- purpose transaction.
If any provision in this arbitration clause is found to be unenforceable, it shall be stricken from the clause and the remaining provisions shall remain fully enforceable. If a Claim seeks public injunctive relief and, after exhaustion of all appeals, a court determines that a provision in the clause restricts such Claim and, therefore, is invalid with respect to that Claim, the Claim seeking public injunctive relief will be determined in court. However, any Claim seeking money damages shall be arbitrated at the election of either party (unless such Claim is an exclusion as set forth in this clause). The parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to any Claim seeking money damages has been entered in court.
Except with respect to the foregoing paragraph relating to public injunctive relief, if the class action limitation is invalid, then this arbitration clause is invalid in its entirety.
This arbitration clause will survive the termination of your use of the App, Website, the Services, and any other actions with us.
You may reject this arbitration clause within thirty (30) days of accepting the Terms by emailing us at firstname.lastname@example.org and including in the subject line “Rejection of Arbitration Provision.”
17. MISCELLANEOUS PROVISIONS
If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated. This paragraph does not apply to the arbitration clause.
Governing Law and Venue.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms including but not limited to if you opt out of the mandatory arbitration provision shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of St. Louis, Missouri, except where the jurisdiction and venue are mandated by applicable Assignment. We may freely assign our obligations and rights under these Terms, including all Personal Information in our possession which we have collected during your use of the App and Website.Headings.
Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.Typographical Errors.
Information on the App and Website may contain technical inaccuracies or typographical errors. We attempt to make the App’s and Website’s postings as accurate as possible, but we do not warrant the content of the App and Website is accurate, complete, reliable, current, or error-free.18. QUESTIONS
If you have any questions or comments about these Terms or the App or Website, please contact us by email at email@example.com
. You also may write to us at:
Gravy Technologies, Inc.
119 S Main Street
St. Charles, MO 63301