TERMS AND CONDITIONS OF USE
BY USING GRACIE HOUSTON, LLC SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.
WELCOME TO GRACIEHOUSTON.COM. GRACIE HOUSTON, LLC AND/OR ITS AFFILIATES (“GH”, “GRACIE HOUSTON”, “GRACIE HOUSTON JIU-JITSU”, “GRACIE HUMAITA HOUSTON”, “US”, “WE”, OR “OUR”) PROVIDE WEBSITE FEATURES AND OTHER PRODUCTS AND SERVICES TO YOU WHEN YOU VISIT OR SHOP AT GRACIEHOUSTON.COM, OR USE GRACIE HOUSTON, LLC PRODUCTS OR SERVICES (COLLECTIVELY, “GRACIE HOUSTON, LLC SERVICES”, “SERVICE”, “SERVICES”). GRACIE HOUSTON, LLC PROVIDES THE SERVICES SUBJECT TO THE FOLLOWING CONDITIONS.
Your access to and use of the ServiceS is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the ServiceS you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
WHEN YOU USE ANY GRACIE HOUSTON, LLC SERVICE, OR SEND E-MAILS, TEXT MESSAGES, AND OTHER COMMUNICATIONS FROM YOUR DESKTOP OR MOBILE DEVICE TO US, YOU ARE COMMUNICATING WITH US ELECTRONICALLY. YOU CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE WILL COMMUNICATE WITH YOU IN A VARIETY OF WAYS, SUCH AS BY E-MAIL, TEXT, OR BY POSTING NOTICES AND MESSAGES ON THIS SITE OR THROUGH OTHER GRACIE HOUSTON, LLC SERVICES. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
You agree to defend, indemnify and hold harmless GRACIE HOUSTON, LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of GRACIE HOUSTON, LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GRACIE HOUSTON, LLC.
ALL CONTENT INCLUDED IN OR MADE AVAILABLE THROUGH ANY GRACIE HOUSTON, LLC SERVICE, SUCH AS TEXT, GRAPHICS, LOGOS, BUTTON ICONS, IMAGES, AUDIO CLIPS, DIGITAL DOWNLOADS, DATA COMPILATIONS, AND SOFTWARE IS THE PROPERTY OF GRACIE HOUSTON, LLC OR ITS CONTENT SUPPLIERS AND PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS. THE COMPILATION OF ALL CONTENT INCLUDED IN OR MADE AVAILABLE THROUGH ANY GRACIE HOUSTON, LLC SERVICE IS THE EXCLUSIVE PROPERTY OF GRACIE HOUSTON, LLC AND PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS.
YOU AGREE THAT ALL GRACIE HOUSTON, LLC TRADEMARKS, COPYRIGHT, TRADE NAME, SERVICE MARKS, GRAPHICS, LOGOS, PAGE HEADERS, BUTTON ICONS, SCRIPTS, AND SERVICE NAMES INCLUDED IN OR MADE AVAILABLE THROUGH ANY GRACIE HOUSTON, LLC SERVICE ARE TRADEMARKS OR TRADE DRESS OF GRACIE HOUSTON, LLC IN THE U.S. AND OTHER COUNTRIES, AND AS SUCH, ARE AND SHALL REMAIN THE PROPERTY OF GRACIE HOUSTON, LLC.
GRACIE HOUSTON, LLC’S TRADEMARKS AND TRADE DRESS MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE THAT IS NOT GRACIE HOUSTON, LLC’S, IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION AMONG CUSTOMERS, OR IN ANY MANNER THAT DISPARAGES OR DISCREDITS GRACIE HOUSTON, LLC. ALL OTHER TRADEMARKS NOT OWNED BY GRACIE HOUSTON, LLC THAT APPEAR IN ANY GRACIE HOUSTON, LLC SERVICE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS, WHO MAY OR MAY NOT BE AFFILIATED WITH, CONNECTED TO, OR SPONSORED BY GRACIE HOUSTON, LLC. YOU AGREE NOT TO DISPLAY AND/OR USE IN ANY MANNER GRACIE HOUSTON, LLC TRADEMARKS OR TRADE DRESS.
ONE OR MORE PATENTS OWNED BY GRACIE HOUSTON, LLC MAY APPLY TO THE GRACIE HOUSTON, LLC SERVICES AND TO THE FEATURES AND SERVICES ACCESSIBLE VIA THE GRACIE HOUSTON, LLC SERVICES, AND PORTIONS OF THE GRACIE HOUSTON, LLC SERVICES MAY OPERATE UNDER LICENSE OF ONE OR MORE PATENTS.
LICENSE AND ACCESS
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
IF YOU USE ANY GRACIE HOUSTON, LLC SERVICE, YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD AND FOR RESTRICTING ACCESS TO YOUR COMPUTER, AND YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR PASSWORD. GRACIE HOUSTON, LLC DOES SELL PRODUCTS FOR CHILDREN, BUT IT SELLS THEM TO ADULTS, WHO CAN PURCHASE WITH A CREDIT CARD OR OTHER PERMITTED PAYMENT METHOD. IF YOU ARE UNDER 18, YOU MAY USE THE GRACIE HOUSTON, LLC SERVICES ONLY WITH INVOLVEMENT OF A PARENT OR GUARDIAN. GRACIE HOUSTON, LLC RESERVES THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS IN ITS SOLE DISCRETION.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
WHERE A RELEVANT GRACIE HOUSTON, LLC SERVICE SO ALLOWS, VISITORS MAY POST REVIEWS, COMMENTS, PHOTOS, VIDEOS, AND OTHER CONTENT; SEND COMMUNICATIONS; AND SUBMIT SUGGESTIONS, IDEAS, COMMENTS, QUESTIONS, OR OTHER INFORMATION, SO LONG AS THE CONTENT IS NOT ILLEGAL, OBSCENE, THREATENING, DEFAMATORY, INVASIVE OF PRIVACY, INFRINGING OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING PUBLICITY RIGHTS), OR OTHERWISE INJURIOUS TO THIRD PARTIES OR OBJECTIONABLE, AND DOES NOT CONSIST OF OR CONTAIN SOFTWARE VIRUSES, POLITICAL CAMPAIGNING, COMMERCIAL SOLICITATION, CHAIN LETTERS, MASS MAILINGS, OR ANY FORM OF “SPAM” OR UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES. YOU MAY NOT USE A FALSE E-MAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE MISLEAD AS TO THE ORIGIN OF CONTENT. GRACIE HOUSTON, LLC RESERVES THE RIGHT (BUT NOT THE OBLIGATION) TO REMOVE OR EDIT SUCH CONTENT, BUT DOES NOT REGULARLY REVIEW POSTED CONTENT.
IF YOU DO POST CONTENT OR SUBMIT MATERIAL, AND UNLESS WE INDICATE OTHERWISE, YOU GRANT GRACIE HOUSTON, LLC A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUBLICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, PERFORM, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY SUCH CONTENT THROUGHOUT THE WORLD IN ANY MEDIA. YOU GRANT GRACIE HOUSTON, LLC AND SUBLICENSEES THE RIGHT TO USE THE NAME THAT YOU SUBMIT IN CONNECTION WITH SUCH CONTENT, IF THEY CHOOSE. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO THE CONTENT THAT YOU POST; THAT THE CONTENT IS ACCURATE; THAT USE OF THE CONTENT YOU SUPPLY DOES NOT VIOLATE THIS POLICY AND WILL NOT CAUSE INJURY TO ANY PERSON OR ENTITY; AND THAT YOU WILL INDEMNIFY GRACIE HOUSTON, LLC FOR ALL CLAIMS RESULTING FROM CONTENT YOU SUPPLY. GRACIE HOUSTON, LLC HAS THE RIGHT BUT NOT THE OBLIGATION TO MONITOR AND EDIT OR REMOVE ANY ACTIVITY OR CONTENT. GRACIE HOUSTON, LLC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY.
Our Service allows you to post, link, store, AND SHARE and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
GRACIE HOUSTON, LLC. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of GRACIE HOUSTON, LLC. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
GRACIE HOUSTON, LLC RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE NOTIFY US IMMEDIATELY.
GRACIE HOUSTON, LLC ATTEMPTS TO BE AS ACCURATE AS POSSIBLE. HOWEVER, GRACIE HOUSTON, LLC DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF ANY GRACIE HOUSTON, LLC SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IF A PRODUCT OFFERED BY GRACIE HOUSTON, LLC ITSELF IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
WITH RESPECT TO ITEMS SOLD BY GRACIE HOUSTON, LLC, WE CANNOT CONFIRM THE PRICE OF AN ITEM UNTIL YOU ORDER. DESPITE OUR BEST EFFORTS, A SMALL NUMBER OF THE ITEMS IN OUR CATALOG MAY BE MISPRICED. IF THE CORRECT PRICE OF AN ITEM SOLD BY GRACIE HOUSTON, LLC IS HIGHER THAN OUR STATED PRICE, WE WILL, AT OUR DISCRETION, EITHER CONTACT YOU FOR INSTRUCTIONS BEFORE SHIPPING OR CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. OTHER MERCHANTS OFFERING PRODUCTS OR SERVICES ON OUR SITE OR JOINTLY WITH GRACIE HOUSTON, LLC MAY FOLLOW DIFFERENT POLICIES IN THE EVENT OF A MISPRICED ITEM.
WE GENERALLY DO NOT CHARGE YOUR CREDIT CARD UNTIL AFTER YOUR ORDER HAS ENTERED THE SHIPPING PROCESS OR, FOR DIGITAL PRODUCTS, UNTIL WE MAKE THE DIGITAL PRODUCT AVAILABLE TO YOU.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or GRACIE HOUSTON, LLC. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting GRACIE HOUSTON, LLC. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide GRACIE HOUSTON, LLC. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GRACIE HOUSTON, LLC. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, GRACIE HOUSTON, LLC. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, AND THE expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
GRACIE HOUSTON, LLC. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by GRACIE HOUSTON, LLC. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, GRACIE HOUSTON, LLC. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer
GRACIE HOUSTON, LLC in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
GRACIE HOUSTON, LLC. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
RETURN & EXCHANGE POLICY
YOU MAY NOT RETURN YOUR MERCHANDISE UNLESS THE PRODUCT IS DEFECTIVE. GRACIE HOUSTON, LLC DOES NOT GUARANTEE THE EXCHANGE OR CREDIT FOR A DEFECTIVE ITEM. IF THE SHIRT IS DAMAGED WITH A STAIN, RIP, OR TEAR AND THE ITEM IS RETURNED WITHIN 30 DAYS OF RECEIPT GRACIE HOUSTON, LLC WILL CONSIDER AN EXCHANGE OR REFUND. IN THE CASE OF A BELIEVE & ACHIEVE REFUND, CUSTOMER WILL NOT RECEIVE THE AMOUNT THAT WAS DONATED FROM THEIR PURCHASE. REPACK THE ITEM(S) IN THE BAG YOUR ORDER WAS SHIPPED IN, AND RETURN THE PACKAGE TO GRACIE HOUSTON, LLC, 13304 FM 1960 ROAD WEST, HOUSTON, TX, 77065. GRACIE HOUSTON, LLC WILL REIMBURSE SHIPPING CHARGES ONLY ON ITEMS DECLARED DEFECTIVE (UP TO $9.00) DUE TO THE FACT THAT GRACIE HOUSTON, LLC SHIRTS ARE EXTREMELY LIMITED EDITION AND PRINTED TO ORDER, WE DO NOT KEEP A STOCK OF ANY PAST SHIRTS. THEREFORE, EXCHANGES WILL NOT BE GRANTED IF YOU ORDER THE WRONG SIZE. MAKE SURE YOU THOROUGHLY RESEARCH, CHECK, DOUBLE CHECK, AND ASK PLENTY OF QUESTIONS TO MAKE SURE THAT YOU ARE ORDERING THE CORRECT FIT.
IF RETURNING OR EXCHANGING AN ITEM, ALL ITEMS MUST BE UNUSED AND INCLUDE THE ORIGINAL PACKAGING. CLOTHING MUST BE CLEAN AND UNWASHED WITH ALL TAGS. IF YOU PLAN TO RETURN YOUR CLOTHING PLEASE KEEP IT CLEAN. RETURNED ITEMS SMELLING OF SMOKE, CONTAINING PET AND/OR HUMAN HAIR, OR BEING DEEMED BY GRACIE HOUSTON, LLC AS PREVIOUSLY WORN OR TAMPERED WITH WILL NOT BE ACCEPTED. ONCE CLOTHING HAS BEEN WORN AND/OR WASHED IT CANNOT BE RETURNED OR EXCHANGED.
Certain refund requests for Subscriptions may be considered by GRACIE HOUSTON, LLC. on a case-by-case basis and granted in sole discretion of GRACIE HOUSTON, LLC.
GRACIE HOUSTON, LLC SOFTWARE TERMS
OTHER BUSINESSES AND LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by GRACIE HOUSTON, LLC.
GRACIE HOUSTON, LLC. have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that GRACIE HOUSTON, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE GRACIE HOUSTON, LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GRACIE HOUSTON, LLC SERVICES ARE PROVIDED BY GRACIE HOUSTON, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GRACIE HOUSTON, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GRACIE HOUSTON, LLC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GRACIE HOUSTON, LLC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GRACIE HOUSTON, LLC SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRACIE HOUSTON, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRACIE HOUSTON, LLC DOES NOT WARRANT THAT THE GRACIE HOUSTON, LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GRACIE HOUSTON, LLC SERVICES, GRACIE HOUSTON, LLC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GRACIE HOUSTON, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GRACIE HOUSTON, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GRACIE HOUSTON, LLC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GRACIE HOUSTON, LLC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
In no event shall Gracie Global, LLC nor FUGU Corp., nor their directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
GRACIE HOUSTON, LLC. their subsidiaries, affiliates, and their licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirementS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
SITE POLICIES, CHANGES, MODIFICATION, AND SEVERABILITY
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
OUR CONTACT INFORMATION
GRACIE HOUSTON, LLC
13304 FM 1960 ROAD WEST, HOUSTON, TX, 77065
PHONE: (833) 447-2243
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE SUBMIT YOUR COMPLAINT IN WRITING IMMEDIATELY. WE ENDEAVOR TO RESPOND QUICKLY TO THE CONCERNS OF RIGHTS OWNERS ABOUT ANY ALLEGED INFRINGEMENT.
IF YOU PREFER TO SUBMIT A REPORT IN WRITING, PLEASE PROVIDE US WITH THIS INFORMATION:
- A PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE COPYRIGHT INTEREST;
- A DESCRIPTION OF THE COPYRIGHTED WORK THAT YOU CLAIM HAS BEEN INFRINGED UPON;
- A DESCRIPTION OF WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED ON THE SITE;
- YOUR ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS;
- 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;
- 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.
GRACIE HOUSTON, LLC’S COPYRIGHT AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT ON ITS SITE CAN BE REACHED AS FOLLOWS:
GRACIE HOUSTON, LLC
ATTN: COPYRIGHT AGENT
13304 FM 1960 ROAD WEST, HOUSTON, TX, 77065
PLEASE NOTE THAT THIS PROCEDURE IS EXCLUSIVELY FOR NOTIFYING GRACIE HOUSTON, LLC THAT YOUR COPYRIGHTED MATERIAL HAS BEEN INFRINGED.
- NO REVERSE ENGINEERING.YOU MAY NOT, AND YOU WILL NOT ENCOURAGE, ASSIST OR AUTHORIZE ANY OTHER PERSON TO COPY, MODIFY, REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE, OR OTHERWISE TAMPER WITH, THE GRACIE HOUSTON, LLC SOFTWARE, WHETHER IN WHOLE OR IN PART, OR CREATE ANY DERIVATIVE WORKS FROM OR OF THE GRACIE HOUSTON, LLC SOFTWARE.
- UPDATES.IN ORDER TO KEEP THE GRACIE HOUSTON, LLC SOFTWARE UP-TO-DATE, WE MAY OFFER AUTOMATIC OR MANUAL UPDATES AT ANY TIME AND WITHOUT NOTICE TO YOU.
- EXPORT REGULATIONS.YOU MUST COMPLY WITH ALL EXPORT AND RE-EXPORT RESTRICTIONS AND REGULATIONS OF THE DEPARTMENT OF COMMERCE AND OTHER UNITED STATES AGENCIES AND AUTHORITIES THAT MAY APPLY TO THE GRACIE HOUSTON, LLC SOFTWARE.