Please review our Terms and Conditions as well as our Privacy Policy before continuing with this website.
Privacy Policy
Your use of the Graston Technique web site is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.
Returns / Cancellation Policy
If you need to cancel your registration for any reason, you can obtain a full refund of your training fees within 72 hours of your purchase. No refunds are given after 72 hours of purchase.
After 72 hours, your training fees can be transferred to a virtual training class or a future in-person training class of your choosing that falls within 12 months of the original cancellation date.
You may also apply your training fees towards other Graston Technique products within 12 months of original cancellation date.
Any training fees that are not used within 12 months of the original cancellation date are subject to forfeiture.
Self-paced programs that have been started and any products sold by Graston Technique that have been opened or used will not be refunded.
Licensing Terms and Conditions
Graston Technique therapy is a proprietary procedure and technique to treat soft tissue dysfunction through instrument-assisted soft tissue mobilization. All intellectual property related to Graston Technique therapy is owned and licensed by Graston Technique, LLC (“GT-LLC”), an Indiana corporation, located at 7801 E. 88th St., Indianapolis, IN 46256. Graston Technique therapy is available to and intended solely for qualified students, and participants who are licensed in the professions of acupuncture, athletic training, chiropractic, dentistry, medicine, massage therapy, naprapathy, occupational therapy, osteopathy, physical therapy, podiatry and veterinary.
Clinicians must agree to use and maintain all GT-LLC intellectual property, including, but not limited to, logos and other registered and copyrighted material, under a nonexclusive and nontransferable license where they practice while in compliance with this Disclaimer and Agreement.
Graston Technique therapy is not to be used except by licensed clinicians upon successful completion of Essential and with the use of Graston Technique brand instruments. Participants may not alter or amend the Graston Technique brand instruments or the techniques and methods in application to patients. Graston Technique training materials, which are copyrighted and owned by GT-LLC, or any portion thereof cannot be altered, amended, reproduced, distributed, sold or otherwise disseminated without the expressed, written permission of GT-LLC.
Graston and Graston Technique are trademarks of GT-LLC. The use of non-Graston Technique brand instruments cannot, in any form, be referred to as “Graston”, “Graston Technique”, or otherwise associated in any way with GT-LLC. Students are eligible upon graduation and licensure to advertise their services as Graston or Graston Technique services, but that permission is contingent upon (1) you including a legible notice in all advertisements that include any GT-LLC trademark that the trademark “is a trademark of Graston Technique, LLC,” (2) all goodwill from such trademark use inuring to the benefit of GT-LLC, (3) your agreement to remove or change any use of a GT-LLC trademark immediately upon notice from GT-LLC, and (4) your agreement that this permission is non-exclusive and revocable at any time at the sole discretion of GT-LLC.
Participant Disclaimer
Proper training of Graston Technique therapy is presented to potential users of the technique in a multiple module format, currently consisting of two courses. The 12-hour Essential Training course is designed to instruct potential users on the principles of treatment and diagnosis using the Graston Technique therapy protocol, which includes Graston Technique brand instruments and the proprietary technique. The 14-hour Advanced Training course offers advanced knowledge of Graston Technique therapy examination procedures for assessing musculoskeletal dysfunction while introducing the principles of regional interdependence and functional testing.
Participants in this training will be given and advised of the indications and contraindications for the application of Graston Technique therapy. It is the participant’s responsibility to demonstrate good clinical judgment at all times in the application of Graston Technique therapy.
Participants in this training and by its required completion must agree to indemnify, defend and hold harmless GT-LLC, its successors and assigns, employees, agents, officers, directors, trainers and shareholders from any claims or damages resulting from my unauthorized or improper use of Graston Technique therapy. The unauthorized use of Graston Technique therapy includes, but is not limited to, the use of Graston Technique therapy on third parties prior to completing Essential, the use of Graston Technique therapy in any unauthorized modified form, teaching Graston Technique therapy to others and advertising the use of Graston Technique therapy independent of the established GT-LLC usage guidelines for intellectual property.
Participants must agree to use Graston Technique therapy only in accordance with the training received in Essential and/or Advanced and/or any subsequent GT-LLC trainings as formally amended or required from time to time by GT-LLC.
The purchase of Graston Technique brand instruments is not required to benefit from the Graston Technique therapy training. Upon the successful completion of Essential training and the use of Graston Technique brand instruments in one’s current clinical practice, the qualified clinician is referred to as a Graston Technique therapy Provider.
Upon the successful completion of Essential training, the use of Graston Technique brand instruments in one’s current clinical practice and payment of the annual support fee (first year at no charge), the qualified clinician is referred to as a Graston Technique therapy Preferred Provider and is listed in the “Locate a Provider” referral program on GrastonTechnique.com, if applicable. Students will receive access to the Preferred Provider marketing and clinical materials but will not be listed in the “Locate a Provider” referral program until graduation and licensure.
Upon the successful completion of Advanced training and the use of Graston Technique brand instruments in one’s current clinical practice, the qualified clinician is referred to as Graston Technique therapy Certified.
I understand the COVID-19-related risk involved in attending an in-person training and agree that GT-LLC is not responsible for any illness contracted as a result of attending and/or participating in this training.
As a condition for participating, clinicians/students are required to read and agree to the terms and conditions of this disclaimer and agreement before attending the training.
Terms of Agreement Regarding GT Deferred Payment Program
The following terms are incorporated by reference and made a part of the Agreement between Graston Technique, LLC and the party identified on the face of this Agreement as the purchaser.
Controlling Terms. These Terms And Conditions Control, And Any Different Or Additional Terms And Conditions Contained In Any Other Writing Of The Purchaser Are Hereby Rejected By Graston And Shall Not In Any Way Be Incorporated Into The Agreement Between The Parties, Unless Specifically Agreed To In Writing By Graston.
Acceptance of Agreement: This Agreement is subject to acceptance by an authorized representative of GT at its offices in Indianapolis, Indiana, and shall be deemed to be a contract made in the State of Indiana.
Acceptance of Purchased Goods: The Purchaser has inspected the tangible Purchased Items. By execution of this Agreement, the Purchaser confirms that such Purchased Items comply with the Purchaser’s requests and accepts each tangible Purchased Item.
Professional Use: Purchaser will use the Purchased Items solely for business purposes and will do so in a competent and professional manner. Purchaser will comply with all applicable laws, industry best practices, and the standards of any accrediting organization which has accredited Purchaser and use the Purchased Items in a manner consistent with the training provided by GT.
Prepayment: The Purchaser may prepay the deferred amount at any time without penalty or premium.
Late Fees and Costs of Collection: Purchaser agrees to pay a late fee on any late payments at the rate of 5% of the late amount to defray the extra costs of handling late payments. Purchaser will pay GT all of its costs of collection, including reasonable attorney’s fees and disbursements, all without relief from valuation and appraisement laws, and its credit report and processing fees.
Warranty: GT warrants that all Purchased Items or materials will conform to the specifications for each respective Purchased Item at the time of sale to the Purchaser (“Specifications”) and that each respective Purchased Item will be of quality material and workmanship, free from defect and fit for the purpose specified by GT. Without limiting any other rights GT may have, in the event that any of the Purchased Items fail to conform to their respective specifications, GT may, at its option, either: (i) repair or replace at GT’s expense any Purchased Items or items which fail to meet the applicable Specifications; or (ii) refund the price that may have been paid by Purchaser for any such Purchased Items.
PURCHASER WAIVES, AND GRASTON DISCLAIMS, ANY AND ALL OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE PURCHASED ITEMS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third Party Claims: Purchaser shall give GT prompt written notice of any claims of any person arising out of Purchaser’s use of the Purchased Items. GT has the right, but not the obligation, to control the defense of such claims, which right if exercised does not constitute an assumption by GT of the risk of such claims and shall not alter the obligations of Purchaser with respect to such claim.
Assignment: Neither this Agreement, nor any of the rights or interests by GT or Purchaser hereunder, may be assigned, transferred, or conveyed by operation of law or otherwise without the prior written consent of the other party, except to a parent or controlled affiliate thereof, in which event the party so assigning shall remain obligated and liable to the other party for the full and complete performance of this Agreement by the parent or controlled affiliate to which this Agreement is assigned. Notwithstanding the foregoing, GT may assign its interest in this Agreement to a lender as collateral, without notice to the Purchaser, and the Purchaser consents to such assignment and waives any notice of such assignment or the terms of such financing and of any right to receive any copies of any documents with respect thereto.
Notices: All notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery, by facsimile with confirmation of receipt, by overnight carrier with confirmation of delivery, or upon the expiration of the third day after the date of deposit in the United States mail as registered or certified mail, return receipt requested, postage prepaid, addressed to the parties listed on the Agreement or their then current address if notice of such change of address has been given pursuant to this Section.
Intellectual Property Ownership: GT shall have sole ownership of all right, title, and interest in and to patents, trademarks, copyrights, trade secrets, inventions, and all other intellectual property, whether or not patentable, with respect to the Purchased Items. In the event Purchaser creates or invents any improvements to the Purchased Items, Purchaser agrees to irrevocably assign the same to GT and to cooperate at GT’s expense in perfecting ownership thereof in GT.
Definitions: As used herein, (i) “GT” means “Graston Technique, LLC,” (ii)“Purchaser” means the party identified on the face of this Agreement as the purchaser; (iii) “Agreement” means this agreement to purchase the Purchased Items, including all documents, exhibits and attachments referenced herein; and (iv) “Purchased Items” means the classes, instruments and other items identified on the face of this Agreement.
Waiver of Set-Off: Purchaser waives any rights of set-off it may have against GT.
Severability: If any provision or term of this Agreement becomes or is deemed invalid or unenforceable under any statute, regulation, ordinance, executive order, or other rule of law, such provision or term shall be deemed reformed or deleted, but only to the extent necessary to comply with any statute, regulation, ordinance, executive order, or other rule of law, and all other provisions and terms of this Agreement shall remain in full force and effect.
Relationship of Parties: Purchaser and GT are independent contracting parties, and nothing in this Agreement shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
Fees: Each party is responsible for their own legal and accounting fees unless otherwise expressly provided for herein.
Governing Law: This Agreement is to be construed and governed in accordance with the laws of the State of Indiana, excluding its choice of law statutes.
Jurisdiction and Venue: Purchaser consents to the jurisdiction of Indiana courts. Any action arising out of or relating to this Agreement or the Purchased Items shall be brought in any court having jurisdiction over Indianapolis, Indiana. Purchaser agrees that Indiana is not an inconvenient forum for any action arising from or relating to this Agreement.
Entire Agreement: This Agreement, together with the documents specifically referenced in this Agreement and properly executed pursuant to the terms of this Agreement, or which specifically references this Agreement, constitutes the entire agreement between the parties with respect to the matters contained herein and supersedes all prior oral or written representations or agreements.
Remedies: The rights and remedies reserved to GT in this Agreement shall be cumulative and additional to all other or further remedies provided in law or equity.
Website Terms of Use
The Graston Technique website located at https://grastontechnique.com is a copyrighted work belonging to Graston Technique, LLC. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
Access to the Site
Subject to these Terms: Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions: The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof. Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance: You agree that Company will have no obligation to provide you with any support in connection with the Site. Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads: The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users: Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons: Like any other website, Graston Technique uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Disclaimers
The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination: Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement: All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 7801 E 88TH ST INDIANAPOLIS, IN 46256. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules: Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration: If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits: If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator: If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions: All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality: All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive: Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court: Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief: Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration: Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications: The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms: These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy: Please review our Privacy Policy
Copyright/Trademark Information: Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
Address: 7801 E 88TH ST INDIANAPOLIS, IN 46256 Email: support@grastontechnique.com