Terms & Conditions

GO GRAY TERMS & CONDITIONS

Effective Date: February 13, 2023

Welcome to https://go-gray.com/ (“Website”). The Website is owned and operated by Developlus, Inc. (“Developlus,” “we,” “us,” or “our”) and provides the content and services available on the Website to you subject to the following terms and conditions, our Privacy Policy (https://go-gray.com/privacy-policy/) and other terms and conditions and policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”), without limitation or qualification.

AGREEMENT TO TERMS

By visiting our Website, you consent to and agree to be bound by these Terms and Conditions, and you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. These Terms and Conditions apply to all users of the Website, including any user who contributes content, information, or other materials to the Website.

You acknowledge that this agreement is supported by reasonable and valuable consideration, including but not limited to your use of the Website and receipt of data, materials, and information available through the Website. You may only use the services available on this Website if you are capable of forming a binding contract with Developlus and are not barred from using the Website under applicable law. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

PRIVACY

To know what privacy measures Developlus has taken and what information we retain from your visit to this Website, please read our Website Privacy Policy: https://go-gray.com/privacy-policy/.

YOUR OBLIGATIONS AND RESPONSIBILITIES

You agree to use the Website only for lawful, non-commercial purposes and in compliance with all international, federal, state, and local laws.

You represent and warrant that you are above the legal age of majority in your jurisdiction of residence and have not previously been suspended or removed from this Website.

In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall always act in accordance with all laws and customs and in good faith. You may not make any change or alteration to the Website or any content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Developlus.

You may not use any robot, spider, other automatic devices, or manual process to monitor or copy the Website or any content or information contained therein. You must refrain from interfering or attempting to interfere in any manner with the proper functioning of the Website. By accessing or participating in the Website, you agree that you will not provide to Developlus or the Website any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any content that may create liability for Developlus.

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content available on the Website are accurate, complete, reliable, current, or error-free. From time to time, there may be information on the Website that is in error, including with respect to product descriptions. Developlus reserves the right to correct those errors and to change or update information at any time without prior notice. Our product descriptions and content are for educational and informational purposes only.

We manufacture and sell cosmetics, so the statements on the Website have yet to be evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Reported results, if any, may not necessarily occur in all individuals. We are not offering products to diagnose, treat, cure, or prevent any condition or disease. The Website is not a substitute for medical advice from your own healthcare practitioner. Please test all products before use.

Descriptions of products contained within the Website are not product labeling. You agree to use all products in accordance with the instructions contained on the cartons and labels found on those products in the country of purchase.

Products and Services for Personal Use; NO RESALE

The products and services available on the Websites, and any samples thereof we may provide to you, are for personal and non-commercial use only. Unless you are currently registered and approved for our wholesale program, you may not sell or resell any of the products or services, or samples thereof, whether directly or indirectly, through any means. This includes the distribution and sale of Developlus products on third-party platforms or personal websites.

We reserve the right, with or without notice, to reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in a violation of our Terms and Conditions. We also reserve the right to cancel or modify orders that would cause violations of local laws and regulations if purchased or processed in, or shipped to, a particular location.

Additional policies apply to you related to orders placed through the Website (such as order processing, shipping and handling, returns, and exchanges). It is your responsibility to read and understand any additional purchasing policies. Our liability to fulfill the order ends upon delivering the good to the carrier. Risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

INTELLECTUAL PROPERTY

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Developlus in the United States and other countries and are protected by United States and international trademark laws, treaties, and conventions.

All content available on the Website and its look and feel, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Developlus and is protected by United States and international laws, treaties, and conventions, including laws governing copyrights and unfair competition.

Except as set forth in the Limited Licenses section below, as required under applicable law, or with our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, resell, copy, duplicate, post, enter into a database, upload, transmit, modify or otherwise exploit the Content, in whole or in part, for any purpose or by any means, method, or process now known or later developed. Modification of the content appearing on the Website or use of such content for any unapproved purpose is a violation of our copyright, trademark, and other proprietary rights.

LIMITED LICENSE

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. If you display, copy, distribute, print and/or download the Content on this Website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Website or any portion thereof; (ii) modify or download the Website or Content (except caching or as necessary to view the Website); (iii) make any use of the Website or Content other than personal use; (iv) create any derivative work based upon either the Website or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such Website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Anything for which permission has been granted to upload, post, or otherwise distribute must contain the notice “© Developlus. Used by express permission.”

The permission granted herein terminates automatically if you breach these Terms and Conditions without prejudice to any other remedy provided by applicable law or these Terms and Conditions. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.

FEEDBACK AND SUGGESTIONS

We always accept comments and suggestions to improve our Website and products. However, we do not accept unsolicited ideas as to new product offerings, potential advertising or marketing campaigns, or other related suggestions. When submitting comments, suggestions, or unsolicited ideas, be aware that you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments, suggestions, or unsolicited ideas for any purpose. You will receive no compensation. If you submit comments, suggestions, or unsolicited ideas and see us use it in any way, you will have expressly waived a claim of infringement or any other claim against us for its use through this section. Any comments, suggestions, or unsolicited ideas shall be deemed non-confidential.

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

We may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions, sponsorships, and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity, or legality of any such advertised goods or services. The views presented are the views of the third party alone and do not reflect the views of Developlus.

INTELLECTUAL PROPERTY COMPLAINTS

Developlus, its affiliates, officers, directors, employees, agents, or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right-protected material.

Developlus, pursuant to the Digital Millennium Copyright Act (“DMCA”), designates its Brand Manager to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on our Website in a way that constitutes infringement, you may notify us by providing the following information:

An electronic or 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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
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 are authorized to act on the copyright owner’s behalf.

You can reach Developlus via post or e-mail: Attn: Go Gray Brand Manager, Developlus, Inc., 1575 Magnolia Ave, Corona, CA 92879, or by e-mail at: info@go-gray.com .

REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” DEVELOPLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE WEBSITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of this Website or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.

DISPUTES; BINDING ARBITRATION

With respect to any dispute regarding this Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of California, without regard to principles of conflicts of law and as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of California.

YOU CONSENT TO ENTER INTO BINDING ARBITRATION AS THE SOLE REMEDY TO ANY DISPUTE, MEANING YOU ARE WAIVING YOUR RIGHT TO SUE AND YOUR RIGHT TO A JURY TRIAL WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THE WEBSITE SHALL BE SUBMITTED TO CONFIDENTIAL, BINDING ARBITRATION IN RIVERSIDE COUNTY, CALIFORNIA, AND YOU SUBMIT TO THE JURISDICTION AND PROCEEDINGS THEREOF, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OUR AFFILIATES, PARTNERS OR LICENSORS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES.

Binding arbitration under this agreement shall be conducted under the rules of the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The arbitrator’s written award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

Each party is responsible for its own fees of representation and defense and will split (50-50) the cost for any filing, administrative, and arbitrator fees as required. However, you will be responsible for all costs of filing and administrative and arbitrator fees if the arbitrator determines your complaint or relief sought is frivolous.

TERMINATION

We may, at our discretion, terminate services at any time and without any notice to you. Upon termination or cancellation of service, all provisions of this agreement will remain in effect.

CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA E-MAIL

You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically, including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by using the contact information provided below and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. We cannot provide the benefits of this Website to any user that cannot consent to the receipt of Notices electronically. We will rely on the e-mail provided by you when sending out these Notices. It is your responsibility to maintain a current e-mail address. Your failure to maintain an active e-mail and keep it current with our Website will not constitute a lack of notice.

LINKS TO AND FROM OTHER WEB PAGES AND WEBSITES

You may gain access to other websites via links on this Website; however, these Terms and Conditions apply to the Go Gray Website and do not apply to other parties websites. Similarly, you may have come to this Website via a link from another website. The Terms and Conditions of other websites do not apply to this Website. Only these Terms and Conditions apply to this Website. Developlus assumes no responsibility for any terms of use or material outside this Website accessed via any link.

Links to third-party websites or information are not intended and should not be interpreted by users as, constituting or implying Developlus endorsement, sponsorship or recommendation of the third-party information, products or services found there.

OWNERSHIP OF THIRD-PARTY CONTENT

We may display Content supplied by visitors and other third parties on this Website, including in connection with co-promotions, sponsorships, and other similar partnership arrangements. Developlus contains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity, or legality of any such advertised goods or services. The views presented are the views of the third party alone and do not reflect the views of Developlus.

DEVELOPLUS, ITS AFFILIATES, EMPLOYEES, AGENTS, AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS, OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

We shall not, under any circumstances, be liable for any loss, damage, or harm caused by your or anyone else’s reliance on Content available on this Website that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this Website.

GENERAL

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. It is your responsibility to check these Terms and Conditions for changes prior to each use of the Website. Your continued use of the Website following an update to the Terms and Conditions constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other forms of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Otherwise, that provision shall be stricken, and the rest of the Terms and Conditions will remain in full effect.

These Terms and Conditions should be interpreted broadly and under the laws of the State of California.

You may not assign or transfer any rights under these Terms and Conditions without the consent of Developlus. Assignment or transfer of any and all rights without the consent of Developlus will be null.

If you have any questions regarding these Terms and Conditions, please get in touch with us at info@go-gray.com. For any intellectual property complaints, intellectual property licensing requests, or demands for arbitration, contact us by e-mail at info@go-gray.com. For customer service inquiries, please e-mail us at info@go-gray.com or call 951-738-8595 Monday-Friday 8:00 AM – 4:00 PM PST, excluding federal holidays within the United States

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