YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of mediation on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Gray Jay Endeavors provides online legal information to give visitors a general understanding of the law and to provides document solutions to individuals who choose to prepare their own legal documents. Gray Jay Endeavors hosts its document downloads as a front-end service and subscription service for customers if they wish to create their own documents for use alone or with other professionals. The Site includes general information on commonly encountered legal issues. Gray Jay Endeavors Services may also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Gray Jay Endeavors is not a law firm and may not perform services performed by an attorney. Gray Jay Endeavors, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.
Gray Jay Endeavors strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Gray Jay Endeavors cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Gray Jay Endeavors provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, Gray Jay Endeavors may perform certain attorney access services and introduce our visitors to attorneys. At no time is an attorney-client relationship fostered or created with Gray Jay Endeavors through the performance of any such services.
This Site and Applications are not intended to create any attorney-client relationship, and your use of Gray Jay Endeavors does not and will not create an attorney-client relationship between you and Gray Jay Endeavors. Instead, you are and will be representing yourself in any legal matter you undertake through Gray Jay Endeavors’ services.
2. Ownership. This Site and Applications are owned and operated by Gray Jay Endeavors LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Gray Jay Endeavors or by our respective third-party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Gray Jay Endeavors, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Gray Jay Endeavors’ intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Gray Jay Endeavors does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Gray Jay Endeavors. Any rights not expressly granted herein are reserved by Gray Jay Endeavors.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Gray Jay Endeavors (each a “Third Party Site”). Gray Jay Endeavors may work with partners and affiliates whose sites are linked with Gray Jay Endeavors. Gray Jay Endeavors may also provide links to other citations or resources with whom it is not affiliated. Gray Jay Endeavors is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Gray Jay Endeavors makes no guarantees about the content or quality of the products or services provided by such sites. Gray Jay Endeavors is not responsible for webcasting or any other form of transmission received from any Third-Party Site. Gray Jay Endeavors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gray Jay Endeavors of the Third Party Site, nor does it imply that Gray Jay Endeavors sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that Gray Jay Endeavors is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
License to Use.
Gray Jay Endeavors grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited.
By ordering or downloading Forms, you agree that the Forms you purchase, or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Gray Jay Endeavors.
6. DISPUTE RESOLUTION BY MEDIATION OR ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our office at (508) 293-4011. In the unlikely event that the Gray Jay Endeavors Customer Service is unable to resolve your complaint to your satisfaction (or if Gray Jay Endeavors has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through mediation. If you notify Gray Jay Endeavors of a dispute arising under this agreement, you agree to meet in person and confer within thirty (30) days of that written notice to attempt to resolve the dispute at the offices of Gray Jay Endeavors or other agreed upon location. The purpose of this meeting and conference will be to negotiate a solution. If any dispute is not resolved through negotiation, you agree to choose a neutral mediator whose role will be to facilitate further negotiations. If you and Gray Jay Endeavors cannot agree on a neutral mediator, then you will request that the Massachusetts Bar Association or the American Arbitration Association, or similar organization, select a mediator. The first mediation session shall occur within thirty (30) days, or as soon as practically possible, after the mediator is selected. You and Gray Jay Endeavors shall share the costs of the mediation, provided that the payment of costs and any attorney’s fees may be mediated as well.
This mediation shall be in lieu of filing in a court of general jurisdiction and filing may not take place until after a good faith attempt at mediation has occurred. If a court finds that this mediation clause may not preclude filing, then after filing, mediation shall be ordered by the court as a necessary part of the settlement process. Mediation is less formal than a lawsuit in court. If mediation is unsuccessful you and Gray Jay Endeavors may agree to arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts.
A party who intends to seek mediation or arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Gray Jay Endeavors should be addressed to: Notice of Dispute, Gray Jay Endeavors, LLC, 9 Main Street, Southborough, MA 01772 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Gray Jay Endeavors and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Gray Jay Endeavors may commence a mediation or an arbitration proceeding. During a mediation or arbitration, the amount of any settlement offer made by Gray Jay Endeavors or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Gray Jay Endeavors is entitled.
Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this mediation and arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you and shall not be effective as to disputes which arose prior to the date of termination.
Rights and Responsibilities of Gray Jay Endeavors.
Gray Jay Endeavors is not the publisher or author of the User Content. Gray Jay Endeavors takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Gray Jay Endeavors takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us for help.
If Gray Jay Endeavors’ technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other members, Gray Jay Endeavors reserves the right to delete those files or to stop those processes. If the Gray Jay Endeavors technical staff suspects a user name is being used by someone who is not authorized by the proper user, Gray Jay Endeavors may temporarily disable that user’s access in order to preserve system security. In all such cases, Gray Jay Endeavors will contact the member as soon as feasible.
Gray Jay Endeavors has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GRAY JAY ENDEAVORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GRAY JAY ENDEAVORS MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. GRAY JAY ENDEAVORS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD GRAY JAY ENDEAVORS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF GRAY JAY ENDEAVORS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF GRAY JAY ENDEAVORS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
11. Unsolicited Submissions. Except as may be required in connection with your use of Gray Jay Endeavors Services, Gray Jay Endeavors does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Gray Jay Endeavors through or in association with this Site shall be considered non-confidential and Gray Jay Endeavors’ property. By providing such submissions to Gray Jay Endeavors you hereby assign to Gray Jay Endeavors, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Gray Jay Endeavors shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing or downloading Gray Jay Endeavors documents or using the Gray Jay Endeavors Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using Gray Jay Endeavors services.
14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use. The site is made available for your personal use on your own behalf.
16. Children. Minors are not eligible to use the Site or documents and we ask that they do not submit any personal information to us.
17. Non-English-Speaking Customers. Materials on the Gray Jay Endeavors site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
18. Customers Needing Extra Assistance. Gray Jay Endeavors aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Gray Jay Endeavors website, or otherwise have difficulties using the Gray Jay Endeavors website, please call us and our team will assist you.
20. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Gray Jay Endeavors, LLC. ALL RIGHTS RESERVED.
21. Trademarks. Gray Jay Endeavors, the monochrome “flying bird” logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Gray Jay Endeavors. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
22. Inquiries. BY USING GRAY JAY ENDEAVORS’ SERVICES OR ACCESSING THE GRAY JAY ENDEAVORS SITE, APPLICATIONS, OR DOCUMENTS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO GRAY JAY ENDEAVORS VIA THE GRAY JAY ENDEAVORS SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO GRAY JAY ENDEAVORS, AND THAT GRAY JAY ENDEAVORS MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
23. Right to Refuse. You acknowledge that Gray Jay Endeavors reserves the right to refuse service to anyone and to cancel or block user access at any time.
Updated: February 25, 2019