Website Terms of Use

Welcome to the Website for the Grayaway brand, offered by Everpro, a division of Mana Products, Inc. ("Everpro," "we", "us" or "our"). Everpro 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, please do not use the Grayaway Website.

IMPORTANT NOTICE: These Terms of Use contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Site. These are found in the Disclaimer of Warranties, Limitation of Liability and Indemnity and Arbitration Sections below. Please read these terms carefully and make sure that you understand them before continuing with your use of the Site. If you do not agree to such terms, please do not use the Site.

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. However, any changes to the dispute resolution provisions set forth in the Arbitration and Governing Law sections below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted 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. Additional Terms and Conditions; Other Agreements. Additional terms and conditions may apply to specific portions, services, or features that may be made available on the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. If there is a conflict between such additional terms and conditions and these Terms of Use, the additional terms and conditions shall control with respect to your use of that portion or the specific service or feature.

3. 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. 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).

4. 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.

If you choose, or are provided with, login credentials such as a user name or password, you agree to treat such information as confidential and not disclose it to anyone else or allow another person to access the site through your login credentials. You agree to notify us immediately of any unauthorized access to or use of your login credentials or any other breach of security. We have the right to disable any login credentials, including if, in our opinion, you have violated any provision of these Terms of Use.

5. 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. We may, in our sole discretion, from time to time, introduce, modify, remove or replace services or products offered or provided on this Site.

6. 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.

7. Links to Other Websites. The Site may contain links to other websites, such as those of third party retailers. Your use of such sites is governed by the terms of use and privacy policies, if any, posted on such sites. We are not responsible for the content, accuracy or opinions expressed in third party 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.

8. 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 3 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.

9. 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.

10. Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Site. However, it is possible that information contained or made available on the Site may be incorrect, incomplete, or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Site will be uninterrupted or error free or that the Site will be free from loss, corruption, attack, interference, hacking or other security intrusion.

If you notice any errors or omissions in the information contained on the Site or other concerns, please report them to us for investigation.

YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MATERIALS AND INFORMATION PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, IS GIVEN WITH RESPECT TO THE SITE, THE CONTENTS THEREOF, OR ANY HYPERLINKS PROVIDED TO OTHER INTERNET RESOURCES.

NEITHER EVERPRO, 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 OR ITS CONTENT.

11. Limitation of Liability. To the fullest extent permitted by law, Mana Products, Inc., its parents, subsidiaries, affiliates, divisions (including but not limited to Everpro), officers, directors, employees and agents (the "Mana Parties") shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Site or any information provided on the Site, including but not limited to, damages caused by your reliance on the accuracy or timeliness of information provided on the Site or your provision of information to the Site, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the Mana Parties’ negligence, gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.

12. Indemnity. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Mana Parties from and against all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your breach of any provision of these Terms of Use, your violation of the rights of a third party and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.

13. Arbitration.

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Site, you agree that if a dispute arises between you and the Mana Parties relating in any way to the Site or your use thereof, including common law or statutory claims, BOTH YOU AND THE MANA PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE MANA PARTIES MUST BE ARBITRATED IN NEW YORK. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE MANA PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Mana Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.

14. Governing Law; 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.

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.

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

Effective Date: March 2017