Legal Notice – Terms of Use

Legal Notice – Terms of Use

Last updated: November 18, 2014

Welcome to www.gcimi.com (the “Site”). The Site is owned and operated by Gray Consulting Inc. (“Gray Consulting,” “we,” “us,” or “our”). These Terms of Use outline the terms and conditions pursuant to which you may use the Site and any services made available to you through the Site (the “Services”). By accessing and using the Site or any of the Services, you are agreeing to these Terms of Use. These Terms of Use are a legal contract between you and Gray Consulting, so if you do not agree with any of the terms or conditions contained in these Terms of Use, please do not use the Site or any Services.

These Terms of Use are effective as of the “Last Updated” date above. We may change these Terms of Use at any time, and we will notify you of any important changes by posting a message on our home page. If you continue using the Site or any Services after any of these changes, you will be deemed to have accepted any such new or changed terms.

Collection and Use of Personal Information.

Your use of the Site or the Services might require you to provide us with certain personally-identifiable information. Our Privacy Policy describes our information collection and use practices and is incorporated into these Terms of Use by reference. By agreeing to these Terms of Use, you are also agreeing to our Privacy Policy, so be sure that you read our Privacy Policy carefully, too.

Intellectual Property.

The Site and the Services contains material, such as text, graphics, images, and other material provided by us or on behalf of us, and, through your use of the Site and/or the Services (the “Content”). The Content is owned by us or our licensors and is protected under both United States and foreign laws. The Content includes (but is not limited to) the trademarks, service marks, and logos that are used and displayed on the Site or the Services, which are registered and unregistered trademarks or service marks of ours or our licensors.

You are not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Content for any purpose other than your own personal use; (iii) remove any copyright or other protected notices contained in the original Content on any copy you make of the Content; (iv) sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or (v) use or post the Content on any other website or in a networked computer environment.

Unsolicited Information.

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We can give the Unsolicited Information to anyone we want, and we or anyone else may use it for any purpose whatsoever, including (but not limited to) reproduction, transmission, publication, broadcast, and further posting. Further, we or anyone else are free to use any ideas, know-how, or techniques contained in any communication or material you send to the site for any purpose, including (but not limited to) developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND THE CONTENT ARE ALL PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RELATED TO YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR THE CONTENT.

IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

External Sites.

The Site or the Services may contain links to third-party websites (“External Sites”), but we do not endorse and we are not responsible for the content of any linked External Sites. Before using any External Site, you should refer to its terms of use and privacy policies for more information.

Indemnification.

If you breach these Terms of Use or access, use, or misuse the Site, the Services, or the Content in a way that causes any claims, actions, or demands against us, or causes us to pay any related legal or accounting fees, you will defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless.

Termination.

We can terminate these Terms of Use and your access to all or any part of the Site or the Services at any time and for any reason without prior notice or liability. We can also change, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability.

Binding Arbitration.

If any dispute arises from these Terms of Use or your use of the Site, the Services, or the Content, we or you) may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, will be final and binding on both parties. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MIGHT ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in Philadelphia, Pennsylvania. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Class Action Waiver.

You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Miscellaneous.

If any portion of these Terms of Use is held to be invalid or unenforceable, that portion will be construed in accordance with the applicable law to best reflect the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled Disclaimer and Limitation of Liability and Intellectual Property will survive the termination of these Terms of Use. You can’t assign these Terms of Use. No waiver will be effective unless in writing. Neither the course of conduct between you and us nor any trade practices can modify any provision of these Terms of Use. These Terms of Use will be governed by and construed in accordance with the laws of the State of Pennsylvania. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Pennsylvania. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Our Affiliations

PHL CVB NGLCC Clincierge MPI IBA