Gravie, Inc. Terms of Use

IMPORTANT, PLEASE READ THESE TERMS OF USE CAREFULLY.

Welcome to www.gravie.com (the “Website”). Gravie, Inc. (“Gravie,” “we,” “our” or “us”) provides this Website to you (“you” or “your”) for your personal use conditioned on your acceptance of these Terms of Use. By accessing and using this Website you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, please leave this Website.

We reserve the right to change these Terms of Use at any time and in our sole discretion. By continuing to use this Website after such changes are posted, you agree to be bound by the changes.

Please also review our Privacy Policy, which contains important information regarding the collection, use, disclosure and protection of your information and is hereby incorporated into these Terms of Use by reference. If you wish to become a member of the service offered through this Website (the “Service”), you must also accept our Online Terms of Service, which sets forth the terms of service that govern the Service.

Areas of this Website may have different terms or other disclaimers found on pages, applications, or programs. If there is a conflict between these Terms of Use and the terms or disclaimer posted for a specific area of this Website, the terms or disclaimer posted for that specific area of this Website shall have precedence with respect to your use of that area of this Website to the extent that they conflict with or add to these Terms of Use. If there is a conflict between the Terms of Use and the Privacy Policy, the Privacy Policy shall have precedence with respect to the subject matter covered by it.

Caution

IF YOU ARE APPLYING FOR AN INSURANCE POLICY THROUGH THE GRAVIE SERVICE, DO NOT CANCEL YOUR EXISTING INSURANCE POLICY UNLESS AND UNTIL YOU HAVE RECEIVED WRITTEN CONFIRMATION FROM THE INSURER TO WHICH YOU ARE APPLYING THAT YOUR APPLICATION HAS BEEN ACCEPTED AND APPROVED.

The information provided on this Website is not intended to replace or modify the terms, conditions, limitations and exclusion contained within health benefit plans issues or administered by Gravie. In the event of a conflict between the information contained on this Website and your plan documents, you plan documents shall control.

Permitted Use of this Website

You may use this Website solely for your own personal, non-commercial use. You may download or print portions of the content of this Website, but not any significant portion of the content. You may use such downloads/print copies only for your own personal, non-commercial use, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of this Website must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Website or any portions of its content from your access to or use of it.

Restrictions on Access to and Use of this Website

We do not allow unauthorized access (hacking) into this Website. The use of deep-links, page scrapes, web crawlers, web robots, web scutters, spiders, wanderers, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with this Website is prohibited.

We reserve all rights in this Website and its content not granted to you. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit this Website or the content of this Website (in whole or in part) for any purpose. Your use of this Website does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on this Website.

Any use of this Website or its content, in whole or in part, not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

This Website is not intended to attract children under the age of 18. We do not collect personally identifiable information from any person we know is under the age of 18. Some of the content on this Website may not be appropriate for children. Parents or legal guardians are solely responsible for providing supervision of minors’ use of this Website.

Copyrights, Trademarks and Other Proprietary Rights

You understand that Gravie and its licensors retain all ownership rights in this Website (including all content). All trademarks, service marks and trade names are owned by Gravie or other respective owners.

The entire contents of this Website, including but not limited to text, design, software, photography, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).

This Website may contain or reference patents, technologies, products, or other proprietary rights of Gravie, its third party vendors and other third parties. Nothing on this Website should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Gravie, any of its third party vendors or other third parties.

User Submissions

Except as otherwise provided in our Privacy Policy and except as otherwise covered under the Online Terms of Service, any material, information, ideas, concepts, know-how, techniques, or other communication you transmit to us by any means (“User Submissions”) will be deemed non-confidential and non-proprietary. We will have no obligations with respect to User Submissions. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND GRAVIE AND ITS VENDORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, GRAVIE AND ITS VENDORS DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL OBTAINED THROUGH THE USE OF THIS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.

Exclusive Remedy

If you are dissatisfied with this Website (including without limitation these Terms of Use), your sole and exclusive remedy is to leave this Website.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAVIE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY WEBSITE LINKED FROM THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU MAY HAVE OTHER RIGHTS UNDER THE ONLINE TERMS OF SERVICE IF THEY APPLY TO YOU.

Indemnification

You agree to indemnify us, our licensors, vendors and partners and our respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, that arise from any content or data you post, transmit or link from on this Website, your misuse of this Website, including, but not limited to, your violation of these Terms of Use, or your violation of any rights of any third party.

Governing Law; Jurisdiction; Venue

Gravie controls this Website from its offices within the United States, and your data is stored in a database managed by Gravie in the United States. Gravie makes no representation that this Website is appropriate, or is available for use, outside the United States. Access to and use of this Website where the content or access or use of this Website is illegal is prohibited. Those who choose to access and use this Website from outside the United States, do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.

The laws of the State of Minnesota will govern these Terms of Use, without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to these Terms of Use or this Website. English is the only language applicable to these Terms of Use. You agree to submit to the exclusive jurisdiction of, and waive any venue objections and defenses of lack of personal jurisdiction against, the State and Federal courts located in Hennepin County, Minnesota, except that you acknowledge that any breach or threatened breach of the Sections titled “Permitted Use of this Website” or “Restrictions on Access to and Use of this Website” cannot reasonably or adequately be compensated by damages in an action at law and that a breach or threatened breach of such provisions shall cause Gravie irreparable injury and damage, and Gravie shall be entitled, in addition to any other remedies it may have, to preliminary and permanent injunctive and other equitable relief to prevent or curtail any actual or threatened breach in any court of competent jurisdiction. Process may be served on you in the manner authorized by applicable law or court rule.

Links to or from Third Party Web Websites

This Website contains links to other websites on the Internet that are owned and operated by third parties (each a “Linked Website”). We are not responsible for the content, advertising, products, services or other materials made available on or through any Linked Website or for your use of them. Linked Websites are likely to have their own terms of use, and you are responsible for reading them to ensure your own compliance. Gravie shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with a Linked Website.

We do not endorse and are not responsible for the information practices or privacy policies of Linked Websites. No websites that link to this Website may frame or otherwise incorporate the content on this Website.

Waiver and Severability

The failure of Gravie to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force and effect.

Violations

Please report any violations of these Terms of Use to Gravie by calling .