Acceptance of the Terms of Use

These terms of use are entered into by and between You and Grit ATX LLC, a Texas limited liability company (“GRIT ATX,” “we,” or “us” or “our”) a business located in Austin, Texas, which offers studio based, in-person spin and strength-building mat classes, and such class offerings, studio facilities, and services or equipment as may changed from time to time in our sole discretion (the “Services”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our studio and Services as well as www.grit-atx.com, including any content, functionality and services offered on or through www.grit-atx.com (the “Website”), whether as a guest or a registered user.
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Please read the Terms of Use carefully before you start to use our Services or the Website. By using our Services or the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at grit-atx.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Services or the Website.

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Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of our Services or the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Services or this Website so you are aware of any changes, as they are binding on you.
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Accessing the Website and Account Security
We reserve the right to withdraw, refuse service, terminate accounts, remove or edit content, or amend our Services or this Website, and any service or material we provide in studio or on the Website, or cancel orders in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services or the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
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To access our Services or the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Services or the Website that all the information you provide on the Website is correct, current and complete. You consent to all actions we take with respect to your information consistent with our Privacy Policy.
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If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
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You are not authorized without the prior written permission of GRIT ATX to use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
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We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
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Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by GRIT ATX, its2licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as for your personal, non-commercial use.

You must not access or use for any commercial purposes any part of our Services or the Website or any services or materials available through the Website.
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No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by GRIT ATX. Any use of our Services or the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
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Digital Millennium Copyright Act (the “DCMA”)
We respect the intellectual property of others, and We ask You to do the same. If you believe your work has been copied in a way that constitutes copyright infringement under the DCMA, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Website; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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Our Copyright Agent for Notice of claims of copyright infringement can be reached by email at hey@grit-atx.com Attn: Copyright or in writing at 2400 E. Cesar Chavez, Suite 204, Austin TEXAS 78702 Attn: Copyright.
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Compliance with Law
You may use our Services or the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Services or the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Such violations include, but are not limited to impersonating or attempting to impersonate GRIT ATX, a GRIT ATX employee, another user, or any other person or entity; using our Services or the Website in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any lawful, illegal, fraudulent, or harmful purpose or activity; or engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services or the Website, or which, as determined by us, may harm or offend GRIT ATX or users of our Services or the Website or expose them to liability.
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Reliance on Information Posted
The information presented on or through our Services or the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by GRIT ATX, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GRIT ATX. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
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Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
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Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using our Services or the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
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Online Purchases and Other Terms and Conditions
All purchases made in-person at our studio or through our Website or other transactions for the sale of goods, services, or information formed through the Website, or as a result of visits made by you are governed by these Terms of Use as well as the terms and conditions of Arketa, our third-party merchant services vendor, which are hereby incorporated into these Terms of Use. For more information on the terms of use and privacy practices of Arketa please visit their web page: https://www.arketa.co/legal/terms.
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All participation in our class/event offerings are subject to our Release of Liability and Assumption of Risk Terms, found here , which are hereby incorporated into these Terms of Use.
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Additional terms and conditions may also apply to specific portions, services or features of our Services or the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
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Membership Terms
Reserving a Class and Class Pack Policy
In order to make a class reservation, you must first purchase a Class Pack online or in-person at the GRIT ATX studio. You can reserve a class up to two weeks in advance (Monday through the second following Monday) but not later than 30 minutes prior to class time. These reservation deadlines apply regardless of available Website functionality. You may reserve a class online through the Website or by calling the GRIT ATX studio directly. Please note that our Cancellation policy applies to any class reservation you make, even if the reservation is made 30 minutes prior to class time.
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We currently use Stripe as our third party payment system for online purchases, which accepts American Express, MasterCard, Visa, and Discover cards (although we reserve the right to change what digital payments we accept from time-to-time, at our sole discretion). Your credit/debit card will be charged when you purchase a Class Pack. We will not process Class Pack purchases that use an incorrect, expired or over-the-limit card. Each Class Pack has an expiration date provided at the time of purchase. Any classes that are unused when a Class Pack expires will not be refunded. Class Pack prices are subject to change at our sole discretion, but any increase will not apply to a Class Pack that has already been purchased. If you fail to pay any charges when due, our Services or privileges may be suspended or terminated. You are responsible and liable for fees, including attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
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Cancellation
You may cancel your class reservation for any class at any time up to three (3) hours prior to the start of the applicable class. If your cancellation is made and received within this timeframe, GRIT ATX will credit your Class Pack for that class. Failure to cancel your class reservation within this time-period will result in a complete forfeit of any applicable or potential credit to your Class Pack, and GRIT ATX will charge and deduct the class from your Class Pack, even if you do not attend the class. You can cancel your class reservation by either logging into your account and, under the bookings tab clicking the ellipses and then clicking “cancel”, or you may email the GRIT ATX studio to cancel your class reservation at hey@grit-atx.com.
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Refunds
Please note that all sales are final. No refunds are promised, warrantied, or guaranteed at any time, and may only be provided for any purchase in the sole and absolute discretion of GRIT ATX.
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Liability for Personal Property
We shall not be liable to you for any personal property that is damaged, lost or stolen while on or around the GRIT ATX studio or premises including, but not limited to, a vehicle or its contents or any property left in a classroom or locker. You shall be liable to us for any damage to our studio facilities and any equipment, furniture or fixture located thereon caused by you.
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Changes to Classes and Studio Facilities
We reserve the right to add or eliminate our Services available to you, including, but not limited to, class options and studio facilities. The hours of operation will be set by us and may be changed at any time in our sole discretion. We are not required to continue any of our Services, including particular programs, classes, studio facilities, services or equipment and may discontinue, change or modify the same in our sole discretion. We reserve the right to add, eliminate, or alter any of our Services, including programs, classes, services or equipment when deemed necessary or desirable in our sole discretion.
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Rules and Regulations
You acknowledge the existence of and the need for rules and regulations governing your participation in and use of our Services. You agree to comply with any rules and regulations that are communicated to you in any reasonable manner, including by posting on our Website or by posting at the GRIT ATX studio. We reserve the right to modify, amend or supplement any such rules and regulations from time to time in our sole discretion and your continued participation in GRIT ATX Services shall be considered your acceptance of such rules and regulations.
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Termination
We may terminate or suspend your account and bar access to our Services or the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Use. If you wish to terminate your account, you may simply discontinue using the Website or services for any class packs you have already purchased; or for reoccurring class pack purchases, subscriptions, or memberships (as may be offered from time to time), you may log into your account, go to the “Purchases” tab, find the applicable reoccurring purchase, subscription, or membership, click the ellipses, then press “Cancel” and confirm that you want to cancel the reoccurring purchases, subscriptions or memberships.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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Texts and Calls
We may offer you the ability to receive texts and calls in connection with our Services. If you opt-in to receive texts and calls, you agree that GRIT ATX may send you reoccurring texts and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving texts or calls to your phone number at any time by (i) for texts, texting "STOP" in response to any text you receive from us or contacting us at hey@grit-atx.com and specifying you want to opt-out of texts to your phone number; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as at hey@grit-atx.com and specifying you want to opt-out of calls to your phone number. For texts, you can also text "HELP" at any time for more information. We may send you a text confirming any opt-out by you and any such opt-out is limited to the phone number used and will not affect subsequent or separate subscriptions. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Additional terms may apply as set out in the terms of your opt-in.
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Feedback
We would love to hear from you. You may provide feedback to GRIT ATX, at any time, concerning our Services or the Website, including any comments, suggestions, proposals or ideas for improving or otherwise modifying our products and services (“Feedback”). Please be aware that we will have the right to use any Feedback you provide without any obligation to you and you hereby agree that you are not entitled to any compensation or reimbursement of any kind from GRIT ATX under any circumstances. By providing us any Feedback, you hereby assigning the ownership in all Feedback to GRIT ATX. In the event ownership in the Feedback cannot be granted to GRIT ATX, you grant GRIT ATX at no charge a perpetual, irrevocable, royalty-free, worldwide, transferable right and license, with the right to sublicense, to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
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Geographic Restrictions
The owner of the Website is based in the State of Texas and the United States. We provide our Services and this Website for use only by persons located in the State of Texas and the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the State of Texas or the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the State of Texas or the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification
You agree to indemnify and hold GRIT ATX, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, volunteers, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use of the Website, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from our Services or this Website.
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Disclaimer of Warranties
YOUR USE OF OUR SERVICES, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. OUR SERVICES, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GRIT ATX NOR ANY PERSON ASSOCIATED WITH GRIT ATX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SERVICES OR THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GRIT ATX NOR ANYONE ASSOCIATED WITH GRIT ATX REPRESENTS OR WARRANTS THAT OUR SERVICES OR THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES, THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GRIT ATX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GRIT ATX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE ABOVE LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GRIT ATX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS, CONTENT PROVIDERS, OR CONTRACTORS FOR ANY CLAIMS OR ACTIONS ARISING UNDER OR RELATED TO OUR SERVICES OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO GRIT ATX FOR THE USE OF OUR SERVICES OR THE WEBSITE WITHIN THE LAST YEAR PRIOR TO GRIT ATX BEING NOTIFIED OF THE CLAIM OR ACTION.
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Dispute Resolution
You agree that all disputes between you and GRIT ATX (whether or not such dispute involves a third party) with regard to your relationship with GRIT ATX, including without limitation disputes related to these Terms of Use, your use of our Services or this Website, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and GRIT ATX hereby expressly waive trial by jury.
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Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR SERVICES OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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Severability
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in full force and effect.
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Beneficiaries; Waiver
Except as contemplated herein, our Terms of Use do not give any third-party beneficiary rights. If we fail to enforce any of our Terms of Use, it will not be considered a waiver. Any waiver of these Terms of Use by GRIT ATX must be in writing and signed by an authorized representative of GRIT ATX. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms of Use are not intended to limit such consumer legal rights that may not be waived by contract.
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Governing Law and Jurisdiction
All matters relating to our Services or the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
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Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, our Services or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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Your Comments and Concerns
This website is operated by Grit ATX LLC, 2400 E. Cesar Chavez, Suite 204, Austin TEXAS 78702.
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All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hey@grit-atx.com.