Terms of Use

Gravy Analytics, Inc. ("Gravy," "we," "us," or "our") operates gravyanalytics.com (the "Site"), which may be accessed by computer, mobile device, tablet and other Internet accessible devices, as well as a number of related services, including the Gravy mobile application (all such services, "Services" and the Gravy mobile application, the "App"). The following terms and conditions (the "Terms of Use") form a binding agreement between you and us, where "you" or "your" refers to the person accessing or using the Services.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES. Your use of the App or any other Gravy software licensed through a third party distributor such as the Apple iTunes Store, Android Market or BlackBerry App World is also governed by the applicable current end user license agreement which is made available through the third party distributor with the understanding that if there is a conflict between any provision in these Terms of Use and the end user license agreement, the conflicting provision in these Terms of Use will prevail.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, the App, and/or, in our sole discretion, by email.

1. PRIVACY. We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please review our Privacy Policy that is part of these Terms of Use and describes how we treat your personal information when you access and use the Services.

2. USERS. You represent and warrant to Gravy that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into these Terms of Use and to use the Services in accordance with these Terms of Use. If you are a Visitor, you may browse the Services, subject to these Terms of Use, without registering. If you are a developer or a business, and wish to use Our Technology (as defined below) to create your own App or for any commercial purpose, you are subject to the Developer Terms of Use.

3. REGISTRATION. In order to access specific features of our App, you will need to register with us. If you register for our App, you will need to do so using your Facebook or Google login credentials. When you register with our App, we access your Facebook or Google profile identifier to create a unique user profile for you and register you as a pseudonymized App user, using a hashed and encrypted token. The App does not store, nor transmit any content from your Google or Facebook public profile.

Gravy has no control over how any third-party social networking site uses or discloses the information it collects about you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies.

We may collect the following information from you through your use of the App:

Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services, including without limitation terminating your registration. You agree to be responsible for any act or omission of any users that access the App utilizing your registration that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event and under no circumstances will Gravy be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Gravy under this provision, (ii) any compromise of the confidentiality of your registration, and (iii) any unauthorized access to your registration. You may not use anyone else's registration at any time, without the permission of the registered user. Please notify us immediately if you become aware that your App is being used without authorization. You agree not to register more than once, register on behalf of an individual other than yourself without such individual’s authorization, or register on behalf of any group or entity.

4. GRAVY CONTENT. The materials, information and content made available or displayed in the App, and any derivative works thereof, whether made by us or you (collectively, "Content") are proprietary to us or our licensors and should be considered our confidential information. Subject to these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable license to view, use, download and print the Content solely for your own personal, informational, non-commercial and internal review and solely in accordance with these Terms of Service. You may not: (i) use the Content or any part thereof to develop any sites, products or technologies, including those similar to the Services or any other Gravy products or services; (ii) reproduce, republish, modify or alter the Content; (iii) distribute or sell, rent, lease, license or otherwise make the Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in the Content. Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Content, and you must abide by the foregoing notices and restrictions. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the Content we provide. As between you and us, we retain all right, title and interest in and to the Content, and all related intellectual property rights. We reserve all rights not granted in these Terms of Use. You will immediately notify us in the event of any loss or unauthorized disclosure of any Content. Upon our written request, or termination of these Terms of Use, you must promptly delete or destroy all documents and other tangible materials representing any Content and all copies thereof.

5. MOBILE DEVICE AND SERVICES. By accessing and using the App, you acknowledge and agree that you may receive certain communications from the Gravy Services, including Push Notifications or other electronic communications means, collectively "Mobile Communications"). Please note that by accessing and using the App, you may incur fees from the provider or carrier of the mobile services that you use ("Carrier") and you are solely responsible for the payment of such fees, including for text messages and data. The App provides users who grant Calendar Permissions, the ability to save an event to their Calendar. With Permissions Granted, the user may add an event to the Calendar. The user may also remove any event they have previously added from the calendar. The App ONLY allows the user to add or remove Events that originate in the App. The App does not access to any other calendar features or events. By granting Calendar Permissions to the App, you hereby authorize us and the App to take such actions and access your calendar. If you download or use the App, you agree that from time to time, the App may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the App.

6. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services ("Our Technology") are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Services constitute trademarks, tradenames, service marks or logos ("Marks") of Gravy or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

7. GENERAL RULES OF USER CONDUCT. It is our goal to make access to the Services a good experience for all of our users. You agree not to, and represent and warrant that you will not, use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, your use of the Services, or access to the Services for any purposes other than for which the Services, as applicable, are being provided to you, or do any of the following:

      1. Conduct or promote any illegal activities while using the Services;

      2. Use the Services in furtherance of any of the following activities: installation of spyware, adware and/or other malicious programs or code; distribution of counterfeit goods and/or items subject to U.S. embargo; unsolicited mass distributions of e-mail ("spam"); actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve ("web spam"); solicitations in the form of multilevel marketing proposals, direct marketing and/or telemarketing activities; prostitution; solicitation of or the distribution of body parts and/or bodily fluids; distribution of stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; sale of fireworks, explosives and/or other hazardous materials; gambling; professional services regulated by state licensing regimes; and/or sale of non-transferable items such as airline tickets, event tickets, weapons and/or weapons accessories;

      3. Modify or remove any legal, copyright, trademark, watermark or other proprietary rights notice contained in or on the Content;

      4. Upload, distribute or print anything that may be harmful to minors;

      5. Attempt to reverse engineer or jeopardize the correct functioning of the Services or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;

      6. Attempt to gain access to secured portions of the Services to which you do not possess access rights;

      7. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

      8. Use the Services to generate unsolicited email advertisements or spam;

      9. Use the Services to stalk, harass or harm another individual;

      10. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts);

      11. Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

      12. Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Services, or the Content contained on any such web page or screen for commercial use without our prior express written permission;

      13. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

      14. Mirror or frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages.

8. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively "Feedback"), you agree we may use the Feedback to modify the Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback through the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

9. MODIFICATIONS TO THE SERVICES.. We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services, as applicable. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. TERMINATION OF YOUR REGISTRATION WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.

10. SECURITY. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Gravy reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

11. THIRD PARTY CONTENT. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. You agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites.

12. THIRD PARTY WEBSITES. You understand that by using the Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit from or through the Services. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.

13. DISCLAIMER OF WARRANTIES. THE SERVICES AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY GRAVY "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GRAVY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES AND/ OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services, or that defects in the Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from accessing the Services and/or downloading any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Gravy Site, Gravy Services or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

14. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO TEN DOLLARS (U.S. $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Gravy shall not be liable for circumstances beyond its control including but not limited to weather, road conditions and breakdowns. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

15. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Gravy, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

16. RELEASE. You hereby release Gravy, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Services, and (ii) any third party content, websites or service available on or through the Services. You specifically hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.

17. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:

      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

      2. A description of the copyrighted work that you claim has been infringed;

      3. A description of where the material that you claim is infringing is located on the Services;

      4. Your address, telephone number, and email address;

      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

      6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our copyright agent for notice of claims of copyright infringement on the Services can be reached by mail at: Copyright Agent, Gravy Analytics, Inc., 45610 Woodland Road, Suite 100, Sterling, VA 20166 or by email at contact@gravyanalytics.com.

18. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you communications electronically. This Section 21 informs you of your rights when receiving communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing the Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

19. USERS OUTSIDE THE U.S. The following provisions apply to users and non-users who access, use or otherwise interact with the Services outside the United States: (i) you consent to having your personal data transferred to and processed in the United States, (ii) you will not use the Services if you are prohibited from receiving products, services, or software originating from the United States.

20. GENERAL TERMS. You are responsible for compliance with all applicable laws. These Terms of Use and the relationship between you and Gravy will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any court located in Fairfax County, Virginia. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

21. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. All controversies, disputes, demands, counts, claims, or causes of action between you and Gravy arising out of, under, or related to these Terms of Use or our privacy practices (including any action we take or authorize with respect to information about or provided by you) shall be settled exclusively through binding arbitration.

      1. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures") and shall take place in Fairfax County, Virginia.

      2. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

      3. You and Gravy must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and Gravy, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR GRAVY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Gravy will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) Gravy also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Gravy shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/Gravy customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.

      4. Notwithstanding the foregoing, either you or Gravy may bring an individual action in small claims court; provided that any such action shall be brought in Fairfax County, Virginia. In addition, if you are a user outside of the United States, the dispute resolution provision in our Privacy Policy (if any), and not this arbitration provision, shall apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Fairfax County, Virginia. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

      5. With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Gravy shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Gravy shall be exclusively brought in the state or federal courts specified in subsection "(d)" above.

      6. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

22. SURVIVAL. Sections 2, 3, 5, 6, 9, and 13 through 22, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content, Our Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.

23. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to info@gravyanalytics.com or as otherwise expressly provided. Please report any violations of these Terms of Use to info@gravyanalytics.com.com. If you have any questions or concerns about the Services, or anything else we may help you with, please send an e-mail to info@gravyanalytics.com.

LAST UPDATED. June 1, 2018.