Terms of use
Grey Luxury Projects LLC
Notice Regarding Dispute Resolution: These Terms of Use (“Terms”) contain provisions that govern how claims you and we may have against each other are resolved (please see the Arbitration Section below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section. Unless you opt-out of Arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. GENERAL
THESE GENERAL TERMS AND CONDITIONS OF USE ("TERMS") ARE ENTERED INTO BY AND BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (“YOU”), AND GREY LUXURY PROJECTS, LLC (“GREY LUXURY PROJECTS.COM”, “WWW.GNYGNE.COM”, WWW.GREYNEWYORKGREYNEWENGLAND.COM, AND/OR “WE”) SO PLEASE READ THEM CAREFULLY.
BY CLICKING THE “I AGREE” BUTTON OR ACCESSING OR USING ANY PART OF THE NETWORK AND/OR THIS WEBSITE (“GREY LUXURY PROJECTS WEBSITE” OR “SITE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. AS WELL AS ANY MODIFICATIONS ISSUED BY GREY LUXURY PROJECTS TO THESE TERMS FROM TIME TO TIME, AND ALL APPLICABLE LAWS AND REGULATIONS AND THEIR AMENDMENTS.
BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE AND/OR THE NETWORK.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES ASSENT TO ANY PROVISIONS OF THESE TERMS THAT MAY BE POSTED ON THE NETWORK.
WE PROVIDE INFORMATION CONCERNING VARIOUS PRODUCTS AND SERVICES AND WE PROVIDE THE OPPORTUNITY TO OBTAIN ADDITIONAL INFORMATION CONCERNING THOSE PRODUCTS AND SERVICES OR TO PURCHASE THEM. THESE TERMS AND THE INFORMATION PROVIDED BY GREY LUXURY PROJECTS IN NO WAY OVERRIDES THE TERMS AND CONDITIONS OF YOUR PURCHASE OF ANY PRODUCT OR SERVICE EXCEPT AS SPECIFICALLY PROVIDED. TO THE EXTENT ANY AREA WITHIN THE GREY LUXURY PROJECTS SITE CONTAINS SPECIFIC TERMS AND CONDITIONS CONCERNING ITS USE ("SPECIFIC TERMS"), THOSE SPECIFIC TERMS ARE IN ADDITION TO THESE TERMS. TO THE EXTENT THERE IS A DIRECT CONFLICT BETWEEN THESE TERMS AND THE SPECIFIC TERMS, THE SPECIFIC TERMS SHALL PREVAIL.
2. GREY LUXURY PROJECTS WEBSITE OR SITE
THE WEBSITE IS AN INDEPENDENT SOURCE OF INFORMATION ABOUT GREY LUXURY PROJECTS‘ PRODUCTS. THE WEBISTE MAY CONSIST OF A NUMBER OF OTHER WEBSITES ACCESSIBLE FROM THE HOME PAGE OF GREY LUXURY PROJECTS.
3. USING THE SITE AND THE SERVICES TO PURCHASE PRODUCTS
EXCEPT AS EXPRESSLY PROVIDED IN THIS TERMS, THE USE OF THIS SITE IS LIMITED TO INDIVIDUALS WHO CAN REGISTER AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. MINORS MAY USE THIS SITE ONLY WITH EXPRESS AND ADVANCED PARENTAL CONSENT. TO BECOME A GREY LUXURY PROJECTS CUSTOMER YOU MUST CREATE AN ACCOUNT THROUGH THE ONLINE REGISTRATION PROCESS. IN CREATING AN ACCOUNT, YOU MUST PROVIDE WITH ACCURATE AND COMPLETE REGISTRATION INFORMATION, AS PROMPTED IN THE REGISTRATION FORM. YOU MUST PROMPTLY NOFITY GREY LUXURY PROJECTS IF ANY OF THIS INFORMATION CHANGES. WHEN YOU OPEN AN ACCOUNT, YOU WILL BE ASKED TO CHOOSE A PASSWORD. YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL. YOU WILL BE RESPONSIBLE FOR ALL USE OF YOUR PASSWORD AND ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY USE BY ANY UNAUTHORIZED PERSON OR ENTITY. YOU MUST NOTIFY GREY LUXURY PROJECTS IF YU BELIEVE YOUR PASSWORD OR ACCOUNT HAS BEEN OBTAINED ORR MAY BE ACCESSED ORR USED BY ANY UNAUTHORIZED PERSON OR ENTITY. FOR SECURITY PURPOSES, WE RECOMMEND THAT YOU CHANGE YOUR PASSWORD OFTEN. UNDER NO CIRCUMSTANCES SHOULD YOU RESPOND TO A REQUEST FOR YOUR PASSWORD, PARTICULARLY FROM AN INDIVIDUAL CLAIMING TO BE AN EMPLOYEE OF GREY. GREY’S EMPLOYEES WILL NEVER ASK FOR YOUR PASSWORD. YOU MUST NOTIFY GREY LUXURY PROJECTS IF YOU RECEIVE SUCH A REQUEST.
AFTER YOU COMPLETE THE ONLINE REGISTRATION PROCESS, WE WILL SEND YOU AN EMAIL WITH INSTRUCTIONS FOR COMPLETING THE LOGIN ALONG WITH A WEB ADDRESS WHERE THE NEW CUSTOMER LOGIN FORM CAN BE FOUND AND USED.
4. CHANGES IN TERMS
GREY LUXURY PROJECTS SHALL HAVE THE RIGHT AT ANY TIME AND WITHOUT PRIOR NOTICE, AT ITS SOLE DISCRETION, TO REVISE THESE TERMS OR TO IMPOSE NEW TERMS AND CONDITIONS WITH RESPECT TO ACCESS TO OR USE OF THE GREY LUXURY PROJECTS SITE. SUCH REVISIONS AND ADDITIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE THEREOF, WHICH MAY BE GIVEN BY ANY MEANS, INCLUDING BUT NOT LIMITED TO POSTING THE REVISED OR ADDITIONAL TERMS AND CONDITIONS ON THE GREY LUXURY PROJECTS WEBSITE. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS PERIODICALLY FOR ANY MODIFICATION THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOU AGREE THAT YOU SHALL BE DEEMED TO BE APPRISED OF AND BOUND BY ANY MODIFICATION BY GREY LUXURY PROJECTS TO THESE TERMS. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. NO MODIFICATION TO THESE TERMS BY ANY PARTY OTHER THAN GREY LUXURY PROJECTS SHALL BE VALID OR ENFORCEABLE AGAINST GREY LUXURY PROJECTS UNLESS EXPRESSLY AGREED TO BY GREY LUXURY PROJECTSIN A WRITING SIGNED BY A DULY AUTHORIZED OFFICER OF GREY LUXURY PROJECTS.
5. USER CONDUCT
IN YOUR USE OF THE SITE YOU CANNOT (I) INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, RIGHT OF PUBLICITY OR OTHER RIGHT OF GREY LUXURY PROJECTS OR BELONGING TO OUR AFFILIATED PARTIES; (II) DISRUPT OR INTERFERE WITH THE SECURITY OR USE OF THIS SITE OR ANY OTHER AFFILIATED SITE; (III) INTERFERE WITH OR DAMAGE THE SITE INCLUDING WITHOUT LIMITATION, THROUGH THE USE OF VIRUSES, CANCEL BOTS, TROJAN HORSES, HARMFUL CODE, FLOOD PINGS, DENIAL OF SERVICE ATTACKS, PACKET OF IP SPOOFING, FORGED ROUTING OR ELECTRONIC MAIL ADDRESS INFORMATION OR SIMILAR METHODS ORR TECHNOLOGY; (IV) ATTEMPT TO USE ANOTHER USER’S ACCOUNT, IMPERSONATE ANOTHER PERSON OR ENTITY, MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY OR REATE A FALSE IDENTITY; (V) ENGAGE, DIRECTLY OR INDIRECTLY, IN TRANSMISSION OF “SPAM”, CHAIN LETTERS, JUNK MAIL OR ANY OTHER FORM OF UNSOLICITED SOLICITATION; (VI) COLLECTIN ANY WAY INFORMATION ABOUT OTHER USERS WITHOUT THEIR EXPRESS CONSENT; (VII) USE ANY META TAGS OR ANY OTHER “HIDDEN TEXT” UTILIZING GREY’S NAME, TRADEMARKS, OR PRODUCTS’ NAMES; (VIII) ADVERTISE, OFFER TO SELL, OR SELL ANY GOODS BELONING TO GREY; (IX) ENGAGE IN ANY ACTIVITY THAT INTERFERES WITH GREY’S ACTIVITY AND OUR ABILITY TO USE OR ENJOY OUR SITE; OR (X)ASSIST ANY THIRD PARTY IN ENGAGING IN ANY ACTIVITY PROHIBITED BY THESE TERMS.
IF YOU BECOME AWARE OF ANY CONDUCT THAT VIOLATES THESE TERMS, WE ENCOURAGE YOU TO CONTACT US AT info@greyluxuryprojects.com
6. PRIVACY POLICY AND RETURN POLICY
YOU AGREE TO COMPLY WITH THE TERMS OF OUR PRIVACY POLICY AND OUR RETURN POLICY THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS.
7. REPRESENTATION AND WARRANTIES
YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO PROVIDE THRUTHFUL INFORMATION WHEN REQUESTED AND HAVE FULL POWER AND AUTHORITY TO ENETER INTO AND PERFORM ITS OBLIGATIONS UNDER THESE TERMS. YOU ALSO AGREE TO COMPLY WITH ALL APPLICABLE LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF THE GREY LUXURY PROJECTS WEBSITE AND YOUR PURCHASE OF ITEMS FROM GREY LUXURY PROJECTS(IF APPLICABLE) ON THE GREY LUXURY PROJECTS WEBSITE.
8. INTELLECTUAL PROPERTY RIGHTS - CONTENT
ALL DESIGN AND CONTENT FEATURED ON THE GREY LUXURY PROJECTS WEBSITE, INCLUDING BUT NOT LIMITED TO THE TEXT, IMAGES, PHOTOGRAPHS, GRAPHICS, LOGOS, ILLUSTRATIONS, DESCRIPTIONS, DATA, AND OTHER MATERIAL, AS WELL AS THE SELECTION, ASSEMBLY AND ARRANGEMENT THEREOF, ARE REFERRED TO COLLECTIVELY AS THE "CONTENT," AND ARE COPYRIGHTS, TRADEMARKS, TRADE DRESS, AND/OR INTELLECTUAL PROPERTY THAT ARE OWNED, CONTROLLED, OR LICENSED BY GREY LUXURY PROJECTS. COPYRIGHT © 2016, GREY LUXURY PROJECTS. ALL RIGHTS RESERVED.
THIS WEBSITE IN ITS ENTIRETY IS PROTECTED BY COPYRIGHT AND APPLICABLE TRADEDRESS. . THE CONTENT MAY CONTAIN ERRORS, OMISSIONS, OR TYPOGRAPHICAL ERRORS OR MAY BE OUT OF DATE. GREY LUXURY PROJECTS MAY CHANGE, DELETE, OR UPDATE ANY CONTENT AT ANY TIME AND WITHOUT PRIOR NOTICE. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT BINDING ON GREY LUXURY PROJECTS IN ANY WAY EXCEPT TO THE EXTENT IT IS SPECIFICALLY INDICATED TO BE SO. YOU MAY VIEW AND USE THE CONTENT ONLY FOR YOUR PERSONAL, NONCOMMERCIAL USE, AND FOR SHOPPING AND ORDERING ON THE GREY LUXURY PROJECTS WEBSITE, AND FOR NO OTHER PURPOSE, AND YOU SHALL RETAIN INTACT ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. EXCEPT AS PROVIDED IN THE FOREGOING, GREY LUXURY PROJECTS DOES NOT GRANT TO YOU OR ANY PERSON ANY RIGHT TO USE, REPRODUCE, COPY, MODIFY, TRANSMIT, DISPLAY, PUBLISH, SELL, LICENSE, CREATE DERIVATIVE WORKS, PUBLICLY PERFORM, OR DISTRIBUTE BY ANY MEANS, METHOD, OR PROCESS WHATSOEVER, NOW KNOWN OR HEREAFTER DEVELOPED, ANY OF THE CONTENT ON OR TRANSMITTED THROUGH THE GREY LUXURY PROJECTSWEBSITE, INCLUDING WITHOUT LIMITATION BY TRANSFERRING, DOWNLOADING OR OTHERWISE COPYING ANY CONTENT ONTO ANY DISK DRIVE OR OTHER STORAGE MEDIUM. ANY USE OF THE CONTENT, EXCEPT AS SPECIFICALLY PERMITTED IN THESE TERMS, OR AS OTHERWISE EXPRESSLY PERMITTED IN THE CONTENT OR IN WRITING SIGNED BY GREY LUXURY PROJECTS, IS STRICTLY PROHIBITED.
9. LINKED THIRD PARTY SITES
LINKS TO OTHER INTERNET WEBSITES OPERATED BY THIRD PARTIES, INCLUDING GREY LUXURY PROJECTS VENDORS, DO NOT CONSTITUTE SPONSORSHIP, ENDORSEMENT, OR APPROVAL BY GREY LUXURY PROJECTS OF THE CONTENT, POLICIES, OR PRACTICES OF SUCH LINKED SITES. LINKED SITES ARE NOT OPERATED, CONTROLLED, OR MAINTAINED BY GREY LUXURY PROJECTS, AND GREY LUXURY PROJECTS IS NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT, SECURITY, POLICIES, OR PRACTICES OF LINKED SITES, INCLUDING, WITHOUT LIMITATION, PRIVACY POLICIES AND PRACTICES. LINKS TO OTHER SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.
10. PRICES; ORDERS (APPLICABLE IF PRODUCTS ARE SOLD ON GREY LUXURY PROJECTS .COM AND ITS AFFILIATED WEBSITES)
ALL PRICES DISPLAYED ON THE GREY LUXURY PROJECTSWEBSITE ARE QUOTED IN U.S. DOLLARS UNLESS A CHANGE IN CURRENCY IS SELECTED. GREY LUXURY PROJECTS MAY RESTRICT DELIVERY TO ADDRESSES WITHIN THE UNITED STATES AND CANADA. GREY LUXURY PROJECTS WILL ADD SHIPPING AND HANDLING FEES AND APPLICABLE SALES/USE TAX AS NECESSARY. GREY LUXURY PROJECTS RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE SPECIFICATIONS AND PRICES ON PRODUCTS AND SERVICES OFFERED ON THE GREY LUXURY PROJECTS WEBSITE WITHOUT INCURRING ANY OBLIGATION TO YOU. PRODUCTS DISPLAYED ON THE GREY LUXURY PROJECTS WEBSITE ARE AVAILABLE WHILE SUPPLIES LAST. THE RECEIPT BY YOU OF AN ORDER CONFIRMATION DOES NOT CONSTITUTE GREY LUXURY PROJECT'S ACCEPTANCE OF AN ORDER. PRIOR TO GREY LUXURY PROJECTS’S ACCEPTANCE OF AN ORDER, VERIFICATION OF INFORMATION MAY BE REQUIRED. GREY LUXURY PROJECTS RESERVES THE RIGHT AT ANY TIME AFTER RECEIPT OF YOUR ORDER TO ACCEPT OR DECLINE YOUR ORDER, OR ANY PORTION THEREOF, EVEN AFTER YOUR RECEIPT OF AN ORDER CONFIRMATION FROM GREY LUXURY PROJECTS, FOR ANY REASON. GREY LUXURY PROJECTS RESERVES THE RIGHT TO LIMIT THE ORDER QUANTITY ON ANY ITEM AND TO REFUSE SERVICE TO ANY CUSTOMER WITHOUT PRIOR NOTIFICATION. IN THE EVENT THAT A PRODUCT OR SERVICE IS LISTED AT AN INCORRECT PRICE DUE TO SUPPLIER PRICING INFORMATION OR TYPOGRAPHICAL ERROR, GREY LUXURY PROJECTS SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ORDERS PLACED FOR THE PRODUCT LISTED AT THE INCORRECT PRICE, REGARDLESS OF WHETHER THE ORDER HAS BEEN CONFIRMED AND YOUR CREDIT CARD CHARGED. IF YOUR CREDIT CARD HAS ALREADY BEEN CHARGED FOR THE PURCHASE AND YOUR ORDER IS CANCELED, GREY LUXURY PROJECTS SHALL PROMPTLY ISSUE A REFUND TO YOUR CREDIT CARD ACCOUNT IN THE AMOUNT OF THE INCORRECT PRICE.
8
11. SUBMISSIONS OF MATERIALS
GREY LUXURY PROJECTS IS PLEASED TO HEAR FROM ITS CUSTOMERS AND WELCOMES YOUR COMMENTS REGARDING GREY LUXURY PROJECTS ’S SERVICES AND PRODUCTS. HOWEVER, GREY LUXURY PROJECTS DOES NOT ALLOW SUBMISSION OR CONSIDERATION OF CREATIVE IDEAS, SUGGESTIONS, OR MATERIALS (“CREATIVE IDEAS”) OTHER THAN THOSE THAT HAVE BEEN SPECIFICALLY REQUESTED.
IF YOU AT ANY TIME SUBMIT TO US THROUGH ANY MEDIA CREATIVE IDEAS AT GREY LUXURY PROJECTS ’S REQUEST, OR WITHOUT ANY SOLICITATION DESPITE OUR REQUEST TO NOT DO SO, UNLESS GREY LUXURY PROJECTS INDICATES OTHERWISE, YOU GRANT GREY LUXURY PROJECTS AND ITS AFFILIATES A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE AND FULLY SUBLICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE AND DISPLAY ANY SUCH CREATIVE IDEA THROUGHOUT THE WORLD IN ANY MEDIA. YOU ALSO GRANT GREY LUXURY PROJECTS AND ITS AFFILIATES THE RIGHT TO USE THE NAME YOU SUBMIT IN CONNECTION WITH ANY SUCH CREATIVE IDEA, IF IT SO CHOOSES. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL ALL CREATIVE IDEAS YOU SUBMIT TO GREY LUXURY PROJECTS AND YOU WILL INDEMNIFY GREY LUXURY PROJECTS AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF ANY CREATIVE IDEA YOU SUBMIT.
12. TERMINATION
GREY LUXURY PROJECTS RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THIS AGREEMENT AND/OR YOUR ACCESS TO AND USE OF THE GREY LUXURY PROJECTS SITE OR ANY PORTION THEREOF, AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT CAUSE AND FOR YOUR BREACH OF THE TERMS OF THESE AGREEMENT. GREY LUXURY PROJECTS SHALL HAVE NO LIABILITY FOR TERMINATION OF THIS AGREEMENT. UPON TERMINATION OF THIS AGREEMENT, YOUR RIGHT TO USE THE GREY LUXURY PROJECTS WEBSITE SHALL IMMEDIATELY CEASE.
13. DISCLAIMER
GREY LUXURY PROJECTS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE GREY LUXURY PROJECTS WEBSITE OR ANY AFFILIATED LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. GREY LUXURY PROJECTS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE GREY LUXURY PROJECTS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT GREY LUXURY PROJECTS OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE GREY LUXURY PROJECTS WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GREY LUXURY PROJECTS, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE GREY LUXURY PROJECTSWEBSITE, EVEN IF GREY LUXURY PROJECTSIS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GREY LUXURY PROJECTS ’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
12. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GREY LUXURY PROJECTS, ITS SUBSIDIARIES, AFFILIATED PARTIES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, AND SHAREHOLDERS (THE INDEMNIFIED PARTIES”), GREY LUXURY PROJECTS 'S VENDORS, AND EACH OF THEIR AFFILIATES AND RELATED ENTITIES FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND COURT COSTS), ARISING OUT OF OR RELATING TO (I) YOUR VIOLATION OF THESE TERMS, (II) ANY ALLEGATION THAT ANY INFORMATION ON MATERIAL (INCLUDING ANY CREATIVE IDEAS) SUBMITTED BY YOU VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR (III) ANY ACTIVITY RELATED TO YOUR ACCOUNT.
13. Exclusive Mediation, Arbitration and Dispute Resolution Agreement
Please read this following clause carefully. It may significantly affect your legal rights; including your right too files a lawsuit in court.
13.1 Initial dispute resolution. We are available by phone at+1 860 619 0273 or email at info@greyluxuryprojects.com to address any concern you may have regarding your use of the site. Most concern may be quickly resolved in this manner. The parties shall use their best effort to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
13.2 Agreement to Exclusive Mediation. In the event that after thirty (30) days commencing with the submission of the first claim the Initial dispute resolution method did not settle the dispute, the parties shall refer the dispute to proceedings under the International Chamber of Commerce Mediation Rules. The parties shall have forty-five (45) days settle the dispute pursuant to the said Rules following the filing of a request for mediation or within such other period as the parties may agree in writing.
13.3 Agreement to exclusive binding Arbitration. All or remaining disputes between the parties not settled via Initial dispute resolution and Exclusive Mediation shall be finally settled under the Rules of Arbitration of the American Arbitration Association (AAA). Either party may initial exclusive Arbitration for all still enduring or residual claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of this Site shall be finally settle by binding arbitration under the Rules of Arbitration of the American Arbitration Association (AAA), excluding any rules of procedures governing or permitting class actions. The arbitrators, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited toany claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or equity. The arbitrator’s award shall be binding on the parties any may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act shall govern the interpretation and enforcement of this agreement.
THE ICC RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT +1-800-778-7879 OR +1-212-484-4181. TO THE EXTENT THE FILING FEE FFOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO THE AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILNG AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOESN NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COST OF ARBITRATION COULD EXCEED THE COST OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
13.4 Class Action and Class arbitration waiver. The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this clause shall be null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.5 Exception – Small claims court claims. Notwithstanding the parties’ agreement to resolve all disputes through mediation and arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
13.6 30 day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your opt-out to the following address: Grey Luxury Projects, PO BOX 158, Washington Depot CT 06794 or by email at info@greyluxuryprojects.com
The notice must be sent within thirty (30) days of registering to use the Site; otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, they also will not bind us.
13.7 Exclusive Venue of Litigation. To the extent that the arbitration provision set forth in Section13.3 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal court of the United State District Court of the Southern District of New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York, New York for any litigation other than slam court actions.
14. GOVERNING LAW
THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, U.S.A.. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, U.S.A., AND WAIVE ANY JURISDICTIONAL, VENUE OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.
LAST UPDATED DECEMBER 8, 2016.