Effective Date: 02/04/2016
Last Reviewed on: 10/08/2021
Please review the following terms and conditions (the “Terms”) carefully. These Terms are a legally binding contract between you and GRYT Health, Inc. (“GRYT Health” or “our” or “we” or “us”) pertaining to the access and use of the services offered, and all products, information, content, media, printed materials and “online” or other electronic documentation accessible from grythealth.com or any sub-domains thereof or other websites operated by or for GRYT Health (collectively, the “Site”).
The Site is offered by GRYT Health to you free of charge on the express condition that you accept, without modification, and abide by these Terms. Your access and use of the Site is conditioned upon your continued compliance with these Terms. Please read these Terms carefully, as your use of the Site constitutes your acceptance of these Terms. GRYT Health reserves the right to change the Terms at any time by reasonable notice, including without limitation by posting revised Terms on the Site (which shall constitute reasonable notice), and such amended Terms shall be binding upon you; thus, you should consult the most recent version of these Terms each time that you view the Site.
GRYT Health is a digital oncology company that empowers people to be in charge of their own health through education, engagement, and support. We offer a community free from judgment that focuses on humanity and the value each person brings.
Our mission is to improve quality of life and increase survival for people facing cancer through the relentless focus on patient experience. We put patients first and work with healthcare organizations that do the same. We use the patient voice to enhance drug development and access; together, we are helping to move healthcare forward.
GRYT Health was started by, and is run by, cancer patients, survivors, caregivers and researchers. We are here to support one another and build each other – and the industry – up. We foster honest conversations and embrace vulnerability. We encourage the sharing of experiences and resources. We will be advocates for you – and teach you how to be an advocate for yourself – to ensure your voice is always present and you are heard.
Disclaimer About Medical Information
You acknowledge that the materials on the Site are provided “as is” for general information only and without warranties of any kind. The materials on the Site are not meant to be used for self-diagnosis or to replace the services of a medical professional. While GRYT Health endeavors to keep the materials on the Site current, healthcare information changes rapidly and thus, the materials on the Site should not be relied upon to be fully comprehensive or error free. GRYT Health does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Site or by the companies or organizations linked or referred to in the Site. The Site does not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Site as a substitute for consultations with qualified health care professionals who are familiar with your individual medical conditions and needs. GRYT Health does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. GRYT Health encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from a condition(s) described on the Site.
In certain instances GRYT Health permits third parties to provide testimonials and information in furtherance of our Mission. GRYT Health may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Site are not necessarily those of GRYT Health or endorsed by GRYT Health.
We are not liable for cancelled or unavailable research studies and opportunities, including but not limited to, surveys, interviews, focus groups, discussion boards, advisory boards, patient voice sessions, workshops, or services, which you may have been made aware of through GRYT Health, your inability to participate in a research studies and opportunities, or any consequences resulting from your participating or not participating in research studies or opportunities through GRYT Health.
Restrictions on Use of Materials
Unless otherwise indicated, GRYT Health or its licensors holds the copyright to all materials on the Site, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, GRYT Health owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Site, unless otherwise noted. Without the explicit consent of GRYT Health, no material from the Site (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Site may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of GRYT Health or any third party.
GRYT Health will allow you to view and print information, documents and web pages located on the Site for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to GRYT Health and if possible provide a reference to GRYT Health’s main site www.grythealth.com, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is GRYT Health’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by GRYT Health or its licensors.
Sponsors & Partners
GRYT Health may choose to acknowledge certain persons, companies, or organizations (partners) who have provided sponsorships or partnerships in furtherance of our Mission. Such acknowledgement may be in the form of recognition on the Site by use of such persons’, companies’, or organizations’ own names or marks and/or links to such persons’, companies’, or organizations’ own websites. However, GRYT Health does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Site by any person, company, or organization (including, without limitation, its sponsors). If you choose to click on the links to any of our sponsors’ or partners’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors or partners, you do so on your own initiative and you agree that GRYT Health is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors or partners in conjunction with the Site.
Links To Other Sites; Link Agreement
GRYT Health may provide links to other Internet sites or resources. GRYT Health likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by GRYT Health. You should be aware that links to the Site may be provided from other sites, either known or unknown to GRYT Health, and some links to the Site may be unauthorized, and accessing any other site linked to or from the Site is done at your own risk. GRYT Health has not reviewed and is not responsible for the content of any third party sites linked to or from the Site.
You agree that you will hold harmless GRYT Health, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Site or other sites to which they are linked. If your use of materials from the Site results in the need for servicing, repair of equipment or data, you will assume any costs thereof.
Limitation of Liability
In no event and under no circumstances shall GRYT Health or the contributors of information to the Site or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Site, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Site, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose.
Disclaimer of Warranties
THE SITE (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Site will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Site is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Site either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Site solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITE IS MANAGED IN THE STATE OF NEW YORK, UNITED STATES OF AMERICA. GRYT HEALTH MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. GRYT HEALTH MAKES NO REPRESENTATION THAT THE SITE, SERVICES OR INFORMATION FOUND THROUGH THE SITE OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITE FROM TERRITORIES WHERE THE CONTENT OF THE SITE IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITE AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Disclaimer Regarding Translated Content
In addition to the general disclaimer of warranties provided under these Terms, GRYT Health does not warrant the accuracy, reliability, or timeliness of any information provided on its Site in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk. GRYT Health is not responsible for any damage or issues that may possibly result from using the Translated Content. If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.
Services. In furtherance of our Mission, GRYT Health may offer from time to time certain services or features on the Site (including without limitation, message boards, blogs, chatrooms, public forums, and profile pages) (collectively, the “Services”). The following terms under these Terms pertain to your ability to use the Services made available by GRYT Health on the Site. GRYT Health will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by these Terms, only for as long as your use of the Services are helping GRYT Health to fulfill our Mission.
Account Set Up. Browsing of the Site public pages is currently provided free of charge to any person. However, access to the Services and certain features of the Site will require an account to be first established and activated for you. You may sign up for an account by accessing the Site and following the direction for setting up an account. When you register for an account, you will be asked to create a unique username (and/or a forum name), a password and a valid email address for your account. You will be asked whether you have read these Terms and agree to abide by its terms. You may be asked specific questions if you are seeking to use certain features of the Site, and your answers to those questions will determine whether or not you are eligible to register for those features. If you answer “I agree” and you answer all of the questions posed for each feature and otherwise are eligible, your account may be activated. If you answer “I Do Not Agree” or otherwise do not answer all of the questions or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online. GRYT Health reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediately after you register and you must confirm your email address and acceptance of these Terms by clicking on the confirmation link in the notification email. Once your account is activated and you have confirmed, you will be permitted to log in, view, load, post and use the Services and the specific features of each GRYT Health public forum or service for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms, understand your rights and obligations, and agree to be bound by these Terms. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify GRYT Health if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Site for which you have been granted permission to use by GRYT Health.
Account Requirements. In consideration of your use of the Site and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Services or any portion thereof.
Parental Consent. As part of the account activation process, you must certify that you are 13 years of age or older. If you are under the age of 13, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such an event, the parent or legal guardian must certify that he or she is at least 13 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives their minor child permission to access all of the Site and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Site and the Services and/or information contained on the Site is appropriate for the minor child and whether the minor child should participate in any feature of the Site or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian.
Message Boards & Other Public Forums. As part of your account, you may participate in certain message boards, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. You further agree that GRYT Health may use the posted content in any manner that it deems necessary or appropriate. GRYT Health reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others. GRYT Health cannot and does not guarantee that it will post every content submitted or that such content will not be offensive, defamatory, or objectionable. Although GRYT Health reserves the right to remove without notice any posting for any reason, GRYT Health has no obligation to delete content that you personally may find objectionable or offensive. GRYT Health does not control in real time the information posted via the Services and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms, GRYT Health does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any GRYT Health public forum.
Posted or Shared Content. You may post or share messages, text, photos, testimonials or other content (including, without limitation, information that you provide about survivorship status) on the Site via the public forums, your profile or any page on the Site that specifically provides that the content may be used in a public manner. Any such content submitted to GRYT Health will be treated as non-confidential and non-proprietary, and you authorize GRYT Health and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display, publish or otherwise use all or any part of such information in furtherance of its operations and our Mission throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you. By posting or sharing such content, you represent to GRYT Health that you own or have the right to use and permit GRYT Health to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your profile, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post or share any information relating to or photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize GRYT Health and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of GRYT Health’s operations and our Mission throughout the world, and any such permission cannot be revoked for any reason. GRYT Health reserves the right to refuse to post or share content, remove content, or disable your account due to: (i) the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hang gliding, cliff diving); (ii) the potentially negative impact on GRYT Health’s outstanding public image due to a proposed fundraising activity or posted or shared content; or (iii) any other reasonable factor as determined by GRYT Health in its sole discretion. If GRYT Health elects to disable your account, GRYT Health will notify you of its disapproval via email at the address provided with your registration.
Availability of Service. GRYT Health reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on GRYT Health’s servers on your behalf. Without limiting the foregoing, you agree that GRYT Health shall have no responsibility or liability for the deletion or failure to deliver or store your profile or any other public forum, or any information, pictures, content or email provided by or stored by you on your profile or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of GRYT Health. You acknowledge that GRYT Health reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that GRYT Health shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU WILL INDEMNIFY AND HOLD GRYT HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY GRYT HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO GRYT HEALTH’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON GRYT HEALTH’S OWN NEGLIGENCE. IN NO EVENT SHALL GRYT HEALTH’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Acceptable Use Policy for Services & Site
You will not, and will not allow or authorize others to, use the Services or the Site to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on GRYT Health or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Site or any servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or attempt to breach the security of or disrupt Internet communications on the Site (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of GRYT Health’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Site; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Site; or (xiv) are contrary to GRYT Health’s public image, goodwill, reputation or mission or otherwise not in furtherance of our Mission.
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of GRYT Health or its licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of GRYT Health or its licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Site (or any part or portion thereof).
IMPROPER USE OF THE SITE WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
These Terms are effective from the date that you first access the Site or on the date that you activate your account for the Services, whichever is earlier, and continue in effect until terminated in accordance with these Terms.
GRYT Health may terminate your access to the Site or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Site; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the GRYT Health event or program in which you are participating; and/or (xi) any other reason reasonably considered by GRYT Health to be in its best interest.
Your access to the Site or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms. You agree that any termination of your account and/or your access to the Site or the Services may be effected without prior notice and you acknowledge and agree that GRYT Health may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. GRYT Health shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.
You may deactivate your account at any time. In order for us to deactivate your account, you must provide us with written notice or you may look under “App Settings” and follow the instructions to deactivate your account on your mobile. You may also visit https://web.grytapp.com/settings to deactivate your account. You acknowledge that our entire liability and your exclusive remedy under these Terms for any dispute with us shall be your right to terminate your account in accordance with this section.
You further agree that GRYT Health shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Site.
Upon termination, GRYT Health will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to GRYT Health with respect to the Services terminated or the Site; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Site or the Services.
Deactivation of the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part or portion thereof. Nothing in these Terms shall be construed to obligate GRYT Health to maintain and support the Site, or any part or portion thereof, during the term of these Terms.
Notice of Claims of Intellectual Property Violations
The content of the Site may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. GRYT Health does not permit the use of content on the Site that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Site infringes your copyright or trademark rights or your rights of publicity, please provide GRYT Health’s general counsel with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Site, a representative list of such works, marks or publicity rights.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GRYT Health to locate the material.
- Information reasonably sufficient to permit GRYT Health to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GRYT Health’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:
GRYT Health, Inc.
919 Winton Road South
Rochester, NY 14618
Please provide all of the information requested above. No specific form is required to provide GRYT Health with notifications of possible infringement. However, it will take GRYT Health longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
GRYT Health does not knowingly solicit data from children or knowingly market to children. GRYT Health is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that GRYT Health receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, GRYT Health will delete that information from the Site as quickly as is reasonably practical.
You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.
Governing Law; Venue; Statute of Limitations
These Terms are governed by the laws of the State of New York, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Monroe County, New York. You agree that the statute of limitations for any claim against GRYT Health shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
In the event of any dispute arising out of these Terms, you and GRYT Health each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and GRYT Health agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or GRYT Health may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Rochester, New York, U.S.A. Costs of mediation shall be borne equally by both you and GRYT Health. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and GRYT Health agree to extend the time by mutual agreement or unless the mediator declares you and GRYT Health to be at an impasse. Notwithstanding the above, in the event that GRYT Health believes that immediate injunctive relief is required to protect its rights, GRYT Health may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms.
Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.
These Terms have been written in the English language and the English language shall control. These Terms, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms in any language other than English.
These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Site) constitutes the entire agreement between you and GRYT Health with respect to the Site and the Services.
If you have any questions regarding these Terms, you may write to GRYT Health:
GRYT Health, Inc.
919 Winton Road South
Rochester, NY 14618