Terms of Service

Last updated: October 27, 2019

Please read these Terms (“Terms”, “Terms and Conditions”) carefully before using the website http://www.niomotion.com (“Service”) operated by Greyscalegorilla Inc. (“We”, “we”). or “ours”).

Your access to the Service and its use is due to the fact that you accept and comply with these Terms. These Terms apply to all visitors, users and other persons who want to access or use the Service.

By accessing or using the Service, you agree to abide by these Terms. If you do not agree with any part of the conditions, you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or advertising materials and other information that we may send. However, you can refuse to receive any or all of these messages from us by clicking on the unsubscribe link or instructions provided in any email we send.

Purchases

If you want to purchase a product or service provided through the Service (“Purchase”), you may be asked to provide certain information related to your purchase, including, but not limited to, your credit card number, expiration date of your credit card, Your billing address and shipping information.

You represent and warrant that: (i) you have a legal right to use any credit card (s) or other payment method (s) in connection with any purchase; and (ii) the information you provide to us is true, correct and complete.

The service may use third-party services in order to facilitate payment and make purchases. By submitting your information, you grant us the right to provide this information to third parties in accordance with our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: the availability of a product or service, errors in the description or price of a product or service, an error in your order, or other reasons.

We reserve the right to refuse or cancel your order in case of suspicion of fraud, unauthorized or illegal transaction.

Availability, errors and inaccuracies

We are constantly updating offers of products and services on the Service. We may experience delays in updating the information about the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may be incomplete or current. Products or services may not be properly evaluated, incorrectly described, or unavailable in the Service, and we cannot guarantee the accuracy or completeness of any information found in the Service.

Therefore, we reserve the right to change or update information and correct errors, inaccuracies or omissions at any time without prior notice.

Contests, lotteries and promotions

Any contests, lotteries or other promotions (collectively referred to as “Promotions”) provided through the Service may be governed by rules that are not related to these Terms. If you participate in any Promotions, read the applicable rules, as well as our Privacy Policy. If the Promotion rules conflict with these Terms, the Promotion rules apply.

Accounts

When you create an account with us, you guarantee that you are over 18 years of age and that the information you provide is accurate, complete and current at any time. Inaccurate, incomplete or outdated information may lead to the immediate closure of your account in the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and / or account. You agree to accept responsibility for any actions or actions that occur under your account and / or password, regardless of whether your password is used in our service or a third-party service. You must immediately notify us that you become aware of any security breach or unauthorized use of your account.

You cannot use the name of another natural or legal person or which is not legally available for use, the name or trademark to which any rights of another natural or legal person, except you, are used without a corresponding permission. You cannot use any abusive, vulgar or obscene name as your username.

We reserve the right to refuse service, close accounts, delete or edit content, or cancel orders at our sole discretion.

Intellectual property

The Service and its original content (excluding Content provided by users), functions and features are and will remain the exclusive property of NioMotion and its licensors. The service is protected by copyright, trademark, and other laws of the United States and other countries. Our trademarks and corporate identity may not be used in connection with any product or service without the prior written consent of NioMotion.

Termination

We may terminate or suspend your account and prohibit access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason and without restrictions, including, but not limited to, violation of the Terms.

If you want to close your account, you can simply stop using the Service.

All provisions of the Terms, which by their nature must remain in force after termination, remain valid after termination, including, but not limited to, provisions on ownership, disclaimer of warranties, release from liability and limitation of liability.

Indemnification

You agree to protect, indemnify and defend NioMotion, its licensee and licensors, and their employees, contractors, agents, officers and directors from any and all claims, losses, liabilities, losses, liabilities, costs or debts, and expenses (including, but not limited to the attorney’s fees) arising from or as a result of a) your use and access to the Service by you or any person using your account and password; b) violation of these Terms, or c) Content posted on the Service.

Limitation of liability

Under no circumstances will NioMotion, as well as its directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, indirect or punitive damages, including but not limited to loss of profit, data, use , goodwill or other intangible losses resulting from (i) your access or use or inability to access or use the Service; (ii) any behavior or content of any third party on the Service; (iii) any content received from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on a guarantee, 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.

Renouncement

You use the Service at your own risk. The service is provided on an “AS IS” and “AS AVAILABLE” conditions. The service is provided without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or mode of operation.

NioMotion, its subsidiaries, affiliates, and licensors do not warrant that a) the Service will be uninterrupted, secure, or available at any particular time or place; b) any errors or defects will be corrected; c) The service does not contain viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If the review is material, we will provide a notice at least 30 days before the entry into force of the new terms. What constitutes a significant change will be determined at our discretion.

By continuing to access or use our Service after the entry into force of any changes, you agree to abide by the revised terms. If you do not agree to the new terms, you are no longer entitled to use the Service.

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