GatherSmart – Terms and Conditions of Use
Last Modified: May 27, 2020
THE SITE AND ITS FUNCTIONS
GatherSmart has created a non-governmental, non-partisan Site that assists consumers and businesses in locating pertinent information for reengaging in public life.
END USER LICENSE
GatherSmart grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to download and use the Site for personal use only in accordance with these Terms (“User License”). GatherSmart does not grant you any other rights whatsoever in relation to the Site or the material contained therein. All other rights are expressly reserved by GatherSmart. Any use of the Site in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Site or GatherSmart Content (as defined in the Content Section herein) is strictly prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Site. You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). If you breach any of these restrictions, you may be subject to prosecution and damages.
RIGHT TO CHANGE THE SITE
We reserve the right to modify or suspend the Site, or any service, content, feature, information, link, or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof.
ACCESS TO AND USE OF THE SITE
By submitting your email address on our Site, you agree to subscribe to newsletters, marketing or promotional materials and receive notices or other information we may elect to send if you opt in to elect to receive such communications. However, you may at any point in time opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. You agree that you will keep your contact information up to date. If such contact information is not up to date, you may miss out on important notices. Unless you opt out you agree that we can provide notices through the Site and/or via the email address you used when you submitted it to our Site.
You may not submit to us the name or email address of another person or entity or that is not lawfully available for you to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not submit to us any name, email address, or other content that is offensive, vulgar, or obscene.
WHAT YOU AGREE TO DO AND NOT DO
You agree to access or use the Site solely for legal purposes as allowed by these Terms. By accessing or otherwise in any way using the Site and the Site’s functionality you amongst other things, represent and warrant as applicable that:
- you have all necessary legal capacity or parental consent, right, power, and authority to enter into and be bound by these Terms;
- you will not hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site;
- you will not damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
- you will not violate any applicable laws, rules or regulations in your jurisdiction (including, but not limited to, trademark and copyright laws); and
- you will not access or attempt to access any password-protected, secure, or non-public areas of the Site without our express permission.
Further, you may not in any way use the Site or if the Site functionality allows, post or submit to us or to the Site anything which in any respect:
- is in breach of any law, statute, regulation, code, governmental order, or bylaw of any applicable jurisdiction;
- is fraudulent, criminal, or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe any rights of us or any third party;
- is contrary to any specific rule or requirement that we stipulate on the Site or in these Terms; or
- involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
CONTENT AND ACCURACY OF THE SITE
Unless otherwise noted, the Site, and all materials on the Site, including but not limited to, text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (“GatherSmart Content”), are owned, controlled or licensed by GatherSmart. The GatherSmart brand name and logo are trademarks of GatherSmart. The Site and the GatherSmart Content are intended solely for personal, non-commercial use. You may download or copy the GatherSmart Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded GatherSmart Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the GatherSmart Content or the Site.
Any third-party content, products, information, or services posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, INFORMATION, PRODUCTS, OR SERVICES.
All features, specifications, information, links, and other information if and as described on our Site are subject to change at any time, without notice. There may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to including, but not limited to, links or information contained on third party websites. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice, but are not obligated to and cannot ensure the correction of any errors, inaccuracies or omissions or the status of any information on the Site or third party websites linked to.
CONTENT YOU PROVIDE
The Site offers the ability to submit and may offer the ability to share content generated by you or other users (“User Content”). You are responsible for the User Content that you post or submit on or through the Site, including its legality, reliability, and appropriateness and you should have no expectation of privacy or confidentiality in any User Content you submit or post. We take no responsibility and assume no liability for User Content you or any third-party posts on or submits through the Site.
You represent and agree that any User Content you post or submit will abide by the terms and conditions herein. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted or submitted by you or any third party.
By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant, GatherSmart (and its affiliates (entities controlled by, controlling, or under common control with us), partners, agents, licensees, successors and assigns) a perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any notice, consent, approval, attribution, or compensation to you. If you do not want us to use your User Content, please do not post or submit it to the Site. You may encounter GatherSmart Content or User Content that is in some way offensive, inaccurate, illegal, incomplete, or otherwise objectionable. Your only remedy is to stop viewing such GatherSmart Content or User Content. You may also submit a report to us at email@example.com. We maintain the right, but not the obligation, to monitor and edit all User Content posted on or submitted to the Site. We are not obligated to review or publish any User Content and may remove it in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INFORMATION OR ANY THIRD PARTY WEBSITE(S) OR INFORMATION, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN OR LINKED TO.
GatherSmart does not warrant that: a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using any information provided by the Site will meet your requirements.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
In no event shall GatherSmart or ITS AFFILIATES, OR EACH OF ITS AND ITS AFFILIATES’ FOUNDERS, directors, employees, partners, agents, CONTRACTORS, suppliers, OR REPRESENTATIVES, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE. NOTWITHSTANDING SUCH LIMITATION, UNDER NO CIRCUMSTANCES SHALL GATHERsmart’s MAXIMUM AGGREGATE LIABILITY TO YOU BE MORE THAN one HUNDRED DOLLARS ($100.00).
GatherSmart is non-governmental and non-partisan. GatherSmart is not affiliated with any specific agency or other entity. The links and other information on the Site are not intended to prevent, diagnose, treat, cure, or eliminate Covid-19 or any other infectious disease or other societal risk or issue. The links and other information on the Site are intended to be a repository for information to be evaluated by a specific business or individual consumer. The material on this Site does not constitute an endorsement by GatherSmart or advice and you should not rely on any material on this Site to make (or refrain from making) any decision or take (or refrain from taking) any action. It is up to our visitors to the Site to make their own decisions, or to consult with applicable governmental agencies or non-governmental agencies or other professionals when evaluating and adhering to the information on our Site or linked to from the Site. The material and information on the Site or linked to is not intended to cover all possible directions, precautions, or orders offered by governmental or non-governmental agencies or entities. The links and other information may be out of date or contain inaccurate or contradictory information at the time posted and/or accessed by you. It is the obligation of a business or individual consumer to ensure their actions are in accordance with the latest applicable governmental or non-governmental orders, advice, or otherwise. Without intending to revise or limit the foregoing, the obligation rests solely and exclusively with the business(es) and individual consumers accessing the Site to confirm and abide by the applicable orders currently in effect in each state or local area and advice affecting e.g. a location prior to visiting or activity before engaging in it.
You shall defend, indemnify, and hold harmless GatherSmart, its affiliates, and each of its and its affiliates’ founders, directors, employees, partners, agents, contractors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site, including, but not limited to, use of any information contained on the Site or websites linked to; (ii) violation of these Terms; or (iii) infringement by you, or any third party submitting User Content on your behalf, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In addition to any other available remedies, if you breach any of the terms or conditions listed within these Terms, GatherSmart may immediately terminate these Terms and pursue legal action and/or equitable injunctions in order to compensate GatherSmart for all injuries caused by such breach. You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these Terms.
You hereby agree that if the terms of these Terms are not specifically enforced, GatherSmart will be irreparably damaged, and therefore you agree that GatherSmart shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies. You hereby expressly waive all rights to injunctive relief.
We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright 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 Site;
• 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;
• 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.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Nolan Heimann LLP
16133 Ventura Blvd., Ste. 820
Encino, CA 91436
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide written notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
These Terms and the User License are effective until terminated by GatherSmart, with or without written notice. Your rights under the User License will terminate automatically without notice from GatherSmart if you fail to comply with any terms or conditions of the User License. Upon termination of the User License, you shall cease all use of the Site. Upon termination you may no longer access the Site. All terms herein intended to survive termination (including, without limitation, limitations of liability and dispute resolution), shall so survive. Without in any way limiting any other language elsewhere in these Terms, GatherSmart shall in no way be liable to you for any termination as described in this Section.
GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of California. Any disputes or differences between the parties arising out of these Terms which the parties are unable to resolve themselves shall be submitted to and resolved by arbitration as provided hereinbelow. Notwithstanding the arbitration obligations, GatherSmart shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction located in Los Angeles, California and you consent to personal jurisdiction of any court of competent jurisdiction in Los Angeles, California. Access to or use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved. You may not assign your rights under these Terms to any party; we may assign our rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. All rights not expressly granted herein are hereby reserved to GatherSmart.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please read this carefully. It affects your rights.
Except for a claim by GatherSmart of infringement or misappropriation of its patent, copyright, trademark, or trade secret and/or GatherSmart ’s ability to seek injunctive or other equitable relief, any and all disputes between you and GatherSmart arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site. You agree that by entering into these Terms, you and GatherSmart are each waiving the right to trial by jury or to participate in a class action. You and GatherSmart agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and GatherSmart must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Los Angeles, California. Any arbitration proceedings held hereunder shall be confidential.
ATTORNEY’S FEES AND COSTS
Should it become necessary for any party to these Terms to bring a claim in arbitration and/or litigation to enforce any provision herein, or for damages on account of any breach of these Terms, the prevailing party shall be entitled to recover from the other party or parties all costs and expenses incurred in the arbitration and/or litigation, which includes but is not limited to the recovery of reasonable attorney’s fees and court costs.
Feel free to email GatherSmart at firstname.lastname@example.org. However, any communication may be lost, intercepted or altered. GatherSmart is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through the Site or via e-mail that:
- GatherSmart has no obligation concerning such information;
- The information is non-confidential;
- GatherSmart may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation (for purposes of clarification, all submissions, suggestions, corrections, additions, modifications, etc. you submit are owned outright, solely, and exclusively by GatherSmart without any consent, approval, notice, or compensation to you); and
- The information is truthful and disclosure of the information does not violate the legal rights of others.
If you have concerns relating to the Site or these Terms, please contact GatherSmart at email@example.com.