Welcome to the Website for the Grayaway brand of QB Labs (a division of Mana Products, Inc.) (“QB Labs”). QB Labs (“we”, “us” or “our”) maintains a web site at http://grayaway.com (the "Grayaway Website", or "Site"). Please read the following Terms and Conditions of Use ("Terms of Use") carefully before using the Grayaway Website. Your access to and use of the Grayaway Website is subject to and governed by these Terms of Use. If you do not agree to the terms and conditions of these Terms of Use, do not make any use of the Grayaway Website.

1. Your Acceptance of these Terms of Use and Changes To Them. By accessing or using the Site, you signify your agreement to the terms and conditions outlined in these Terms of Use. We may amend these Terms of Use at any time, and we will provide notice to you of such amended terms by posting them at this location on the Site. Your use of the Site after the posting of amended Terms of Use will constitute your agreement to such amended Terms of Use.

This Site is offered and available to users who are the age of majority in their place of residence and who reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you meet these requirements. We make no representation that materials on the Site are appropriate or available for use in locations other than the United States, and accessing them from locations where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are solely responsible for compliance with local laws.

2. New and Additional Services/Products. We may, in our sole discretion, from time to time, introduce, modify, remove or replace services or products offered or provided on this Site. By using any services or ordering any products, including new or additional services/products when they become available, you agree to be bound by the terms outlined in these Terms of Use, in addition to any other agreements applicable to those services/products.

3. Additional Terms and Conditions; Other Agreements. Additional terms and conditions may apply to specific services, products or features made available on the Site. All terms and conditions provided to you by us at the time you subscribe to a service or order a product are hereby incorporated by reference herein and shall have full force and effect as if set forth herein in full. Use of this Site to access these services or purchase these products constitutes your acknowledgment of, and agreement to, said additional terms and conditions.

4. Limited Right to Use the Site. You may use this Site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sale, public display, preparation of derivative works or other use. You may use the Site for lawful purposes only. No part of any content, form or document available at the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than as may be incidental to your personal use but not for resale or redistribution.

You may use the Site for lawful purposes only. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.

Additionally, you agree that you will not attempt to gain unauthorized access to, copy content from, or interfere in any way with the proper working of the Site or any associated hardware, software, or links provided on the Site (whether by manual or automated means).

5. Accessing the Site and Account Security. We reserve the right to withdraw or amend the Site, and any services, products, or information provided on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

We do not charge any fees to access the Site. However, you are responsible for making all arrangements necessary for you to have access to the Site, including any telephone charges or Internet access fees, which may be assessed and billed separately by your phone company or online service provider.

To access the Site or some of its features, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

6. Changes to the Site. We reserve the right to modify the Site, or your access to the Site, in whole or in part, at any time in our sole discretion. We may update the content on this Site from time to time, but we have no obligation to do so, and the Site’s content is not necessarily complete or up-to-date.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

7. Intellectual Property Rights. You hereby acknowledge and agree that as between you and us, we exclusively own all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site (collectively "Materials"), and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, except as allowed by Section 4 above, is strictly prohibited. You do not acquire any ownership rights to any of the Materials by virtue of such use. Our posting of information or materials on the Site does not constitute a waiver of any of our rights therein, all of which are reserved to us and/or our licensors.

8. Trademarks. You hereby acknowledge and agree that “ Grayaway,” “Gray Away,” and other Everpro marks on the Site are either trademarks or service marks of us and/or our licensors and shall remain the exclusive property thereof. Other product and company names mentioned on the Site are the marks and property of their respective owners.

9. Indemnity. You agree to indemnify, defend and hold harmless QB Labs, Mana Products, Inc. and each of their officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, parents, subsidiaries, affiliates, successors and assigns (collectively "Affiliated Parties") from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arise out of or relate to (a) your breach or violation of these Terms of Use, (b) your use of the Site, (c) any transactions or other activities you engage in with any third parties whose website you may access by or through this Site, (d) your infringement or violation of the intellectual property or other rights of any person, and/or (e) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay our expenses, as provided above, we shall have the right to defend ourselves, and in that case, you shall reimburse us for all of our reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty 30 days of each of our written requests therefor.

10. No Warranty. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH THE EXCEPTION OF ANY EXPRESSLY STATED COLOR MATCH GUARANTEE PROVIDED WITH REGARD TO THE GRAY AWAY ROOT CONCEALER PRODUCT. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES PROVIDED ON THIS SITE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER QB LABS NOR MANA PRODUCTS, INC. HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS FROM YOU TO US VIA THIS SITE AND MAY HAVE REFERRED TO SUCH COMMUNICATION AS "SECURED," WE CANNOT AND DO NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.

NEITHER QB LABS, MANA PRODUCTS, INC., NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER QB LABS, MANA PRODUCTS, INC., NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Disclaimer and Limits of Liability. IN NO EVENT WILL QB LABS, MANA PRODUCTS, INC., THEIR AFFILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. THIS SITE AND THE INFORMATION HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Privacy Policy. All information we collect on the Site is subject to our Privacy Policy, as it may change from time to time, which is hereby incorporated by reference herein and shall be deemed a part of these Terms of Use. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Credit Card Payments. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

14. Links to Other Websites. The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such websites. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.

15. Miscellaneous. This Site excluding linked sites is controlled by us from our offices in the State of New York, United States of America. Both parties agree that these Terms of Use shall be deemed executed and performed by both parties in Queens County, New York. These Terms of Use shall be interpreted and enforced according to the substantive laws of the State of New York, without application of its conflicts or choice of law rules. Both you and QB Labs irrevocably submit to the jurisdiction of the state and/or federal courts located in Queens County, New York for any action or proceeding regarding these Terms of Use, and waive any right to assert the doctrine of Forum non conveniens or otherwise object to the jurisdiction or venue of the courts in Queens County, New York. Any cause of action by you with respect to the Site and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Use. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

We may assign or transfer any or all of our rights or obligations under these Terms of Use to a successor at any time without further notice to you.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Questions or Concerns Regarding the Site. In the event you have a question or concerns regarding the Site or online orders submitted through this Site or similar transaction or activity, please contact us at Customer Service / Grayaway, 27-11 49th Avenue, Long Island City, NY 11101, 1-855-630-7698, customerservice@grayaway.com.

© 2014 Mana Products, Inc. All rights reserved.