Gather Agency Terms of Use
1. Binding Effect. Please read these Terms of Use (“Terms”) carefully before using the Gather Agency, LLC (“Company”) software or service. These Terms govern and apply to all persons who access and use (“You” “User” and/or “Users”) the Company domain, related service domains, and website (collectively, "Services"). By accessing or using the Services, You acknowledge that You have read these terms, understand them, and agree to be bound by the provisions described herein.
2. Privacy Policy. Company respects Your privacy and permits You to control the treatment of Your personal information. A complete statement of the Company’s current Privacy Policy can be found by clicking here. Company’s Privacy Policy is expressly incorporated into these Terms by this reference.
3. Consultation Registration. In order to schedule a consultation session, You will be prompted to utilize ScheduleOnce and may be asked to provide Your name, address, telephone number, and email address. By entering Your information, You agree to the terms of ScheduleOnce and You acknowledge that You may be sent a text-reminder in connection with the scheduled appointment. In the event You would like to opt-out of this text reminder, please email hello@gatheragency.comwithin twenty-four (24) hours of scheduling Your appointment.
4. Testimonials. The Service allows for Users to submit testimonials regarding the Services. Company reserves the right to modify the availability of and monitor the testimonials provided by Users.
5. General Rules for Use of Services as an Online Platform.
• You must be 18 years or older to use these Services.
• You may not impersonate another User, person, or entity, or represent yourself as affiliated with Company or Company’s staff.
• You may not use the Services for any illegal or unauthorized purpose.
• You are responsible for Your access to, use of and/or reliance on any content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any content.
• You must not post, transmit or otherwise distribute any surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages.
• You must not use any information provided by Company or otherwise to upload of viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software, or use metatag searches of the website or the Services.
This list is an example of prohibited activity and is not intended to be complete or exclusive.
a. Monitoring of Service. Company does not have an obligation to monitor access or use of the Service or to review, remove, or edit any information posted to same. However, Company has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
b. Removal of Content. Company reserves the right, at any time and without prior notice, to remove or disable access to any data or content that it considers, in its sole discretion, to be in violation of these Terms, or harmful to the Services. Deleted content may be stored by Company in order to comply with certain legal obligations and claims. Company will not be liable for any modification, suspension, or discontinuation of the Services, or the loss of any content. Company makes no representations, warranties, or guarantees in connection with the Service or any content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service.
6. Prohibited Uses of the Service. Company imposes certain restrictions on Your permissible use of the Service. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Service to any User, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Service. Any violation of system or network security may subject You to civil and/or criminal liability.
7. Additional Conditions Associated with Services. Company reserves the right to refuse Services to anyone for any reason at any time. Company may collect personal identifiable information in accordance with the Privacy Policy.
8. Indemnification. You agree to indemnify and hold Company harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) Company incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) Your use or misuse of, or access to the Service, or the use of the Service and/or (ii) Your interaction whether in person or electronically with any User or Company.
Company retains the right to employ Company’s own counsel. You remain solely responsible for Company’s defense and must obtain Company’s written consent to a settlement. You agree to notify Company of a pending suit claiming You have violated a third party’s intellectual property or other rights. Company requires that You confirm Your indemnification in case of a lawsuit; failure to do so may be considered a breach of these Terms.
9. Integration with Third Party Services. If You are using the Services combined, integrated, or used with third party products, software applications, or website (“Third Party Service” or Third Party Services”), You agree that: (i) You may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services (ii) the functionality of the Service, may be diminished when operating through a Third Party Service; and (iii) Company cannot guarantee that the Service shall always be available on or in connection with such Third Party
Services.
10. Restrictions on Relationship Between Company and Users. The Terms shall not be construed as to grant any User any title, lease, easement, lien, possession or related rights in the business of Company. The Terms creates no employee/employer relationship and no User will in any way misrepresent said relationship. The Terms do not create a bailment relationship between Company and User.
11. Proprietary Rights in Content on Services.
a. Ownership of Company Content. The Services contain content of Company and other licensors, collectively “Company Content.” You may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Company Content appearing on or through the Services.
b. Advertisements and Promotions. Some of the Services are supported by advertising revenue and may display advertisements and promotions. You hereby acknowledge and agree that Company will place such advertising and promotions on the Services. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to You.
12. Use of Company Intellectual Property. You may not use any of the intellectual property found on the Service or any Company Content without the express written permission of Company. Additionally, Company and the Service are protected by copyright and other intellectual property laws of the United States and foreign countries. Except as expressly provided in these Terms, Company (or its licensors) exclusively own all right, title and interest in the Service, including all associated intellectual property rights.
13. Use of Feedback, Comments or Suggestions. You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding the Service is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for and Company will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such feedback, comments, or suggestions as Company may see fit, entirely without obligation or restriction of any kind on account or otherwise.
14. Modification. Company reserves the right, at its sole discretion, to modify or replace any of these Terms on the Company website by sending You notice through the Service via e-mail. Company may also impose limits on certain features and/or restrict access to parts or all of the Service without notice or liability. You may not opt out of these notifications, and Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
15. Termination. Company may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content), Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your use of the Service and related Content.
16. Disclaimer. You understand and agree that the Services are provided to You "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, COMPANY EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Company make no warranty that the Service will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.
17. Limitation of Liability. COMPANY’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $1,000.00 USD. COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY OF THE SERVICE; AND (3) ANY CONTENT OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON, OR ORGANIZATION; WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
18. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You. In these cases, Company’s liability will be limited to the fullest extent permitted by applicable law.
19. Arbitration. For any dispute with Company, User agrees to first contact Company via email at hello@gatheragency.com and attempt to resolve the dispute informally. In the unlikely event that Company has not been able to resolve a dispute within thirty (30) days, User agrees to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless the Parties decide otherwise, arbitration will be conducted in San Diego, California. If a claim is for $10,000.00 USD or less, Company agrees that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each Party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either Party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE
PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS COMPANY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
USER AGREES THAT, BY ENTERING INTO THESE TERMS, USER AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20. Governing Law. These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles.
21. Waiver. Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
22. Entire Agreement. These Terms constitute the entire agreement between Company, Members and Guests regarding the Service and supersede and replace any prior agreements Company might have with Members and/or Guests regarding the Service.
23. Severability. No part of these Terms shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
24. Questions and Contact Information. Please contact us You have any questions about the Terms. Company can be contacted at:
GATHER AGENCY LLC
1234 MARION WAY W
SANTA ANA, CA 92706
hello@gatheragency.com
Effective: May 15, 2019