TERMS OF SERVICE AGREEMENT
Hello! Please read the following terms of service agreement carefully.
By visiting or using our websites and services, you are agreeing to the below terms, so please take the time to read them before proceeding to use this site. If you do not agree to all of our terms and conditions, we ask that you refrain from using our sites or services.
This terms of service agreement is effective as of September 1, 2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement concerning the relationship between our users and anyone who interacts with GatherLAB LLC with regard to the use of the GatherLAB website (the "Site") and its services, which we describe below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
All visitors to our site will be referred to as "users" of the Services provided for the purpose of this Term of Service.
As a user, you acknowledges and agree that Services provided and made available through our website and applications, which may include some mobile applications which may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of GatherLAB.
At any time, GatherLAB may offer additional website Services and/or products, or update, modify or revise our current content and Services. This Agreement applies to any and all additional Services and/or products and any and all updated, modified or revised Services, unless otherwise stated.
GatherLAB reserves the right to cancel and stop offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that GatherLAB will not be held liable for any such updates, modifications, revisions, suspensions or discontinuation of any of our Services and/or products.
Your continued use of the Services after we post any updates, changes, and/or modifications means you accept these updates, changes and/or modifications. Because of this, we encourage you to frequently review this TOS, along with any and all applicable terms and policies to make sure you are aware of all current terms and policies.
Should you not agree to the updated, revised or modified terms, please stop using the provided services right away.
You also understand, acknowledge and agree that the Services offered will be provided "AS IS," and as such, GatherLAB does not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
CAUTIONS FOR GLOBAL USE AND LEGAL COMPLIANCE
Due to the global nature of the internet, through the use of our site, forums and you are agreeing to comply with all local rules relating to online conduct and Content that is considered acceptable.
Through the use of our network, you are agreeing to comply with all applicable laws, statutes and regulations.
By using this site and any related services, you agree to hold GatherLAB and our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party that may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of GatherLAB Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to GatherLAB’s sites.
We reserve the right at any time we see fit to modify, alter and or discontinue, either temporarily or permanently, our service, or any portion of it, with or without prior notice. In addition, we will not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuation of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and only will be between you and any such advertiser. Moreover, you agree that GatherLAB will not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
GatherLAB and any third party may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as a result, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Additionally, you acknowledge and agree that GatherLAB will not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
With this information, you acknowledge and agree that GatherLAB's services will contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.
You also acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for anything that is expressly permitted by applicable law or as authorized by GatherLAB or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on GatherLAB Services (e.g. Content), in whole or part.
You further agree not to access or attempt to access our Services through any means other than through the interface which is provided by GatherLAB for use in accessing our Services.
DISCLAIMER OF GUARANTEE
With this Agreement, you unequivocally acknowledge and agree that:
a) You are using GatherLAB’s services at your risk alone. Our services are provided on an “as is” and/or “as available” basis by GatherLAB. Our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all guarantees of any kind, whether expressed or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
b) GatherLAB and our subsidiaries, officers, employees, agents, partners and licensors make no guarantees that (i) GatherLAB services will meet your requirements; (ii) GatherLAB services will be uninterrupted, timely, secure or error-free; (iii) That such results which may be obtained from the use of the GatherLAB Services will be accurate or reliable; (iv) Quality of any products, services, any information or other material which may be purchased or obtained by you through our services will meet your expectations.
c) Any information or material downloaded or otherwise obtained through or in relation to GatherLAB services will be accessed by your discretion and risk alone, and as a result, you alone are responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
d) No advice and/or information, whether written or oral, that may be obtained by you from GatherLAB or by way or from our services will create any guarantee that is not explicitly stated.
LIMITATION OF LIABILITY
You explicitly acknowledge, understand and agree that GatherLAB and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable to you for any punitive, indirect, incidental, special consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said:
Damages may occur, and result from: the use or inability to use our service;
The cost of procuring substitute goods and services;
Unauthorized access to or the alteration of your transmissions and/or data;
Statements or conduct of any such third party on our service;
And any other matter which may be related to our service.
In the event you have a dispute, you agree to release GatherLAB (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Disclaimer of Guarantee and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate.
GatherLAB's content is provided primarily for informational purposes, and no content that will be provided or included in our Services is intended for trading or investing purposes.
GatherLAB is not responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and is not responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
There are some jurisdictions that do not allow the exclusion of certain guarantees or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitation of Sections Disclaimer of Guarantee and Limitation of Liability may not apply to you.
THIRD PARTY BENEFICIARIES
By reading these Terms of Service, you acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there will be no third-party beneficiaries to this agreement.
GatherLAB may send you notices, including those regarding any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be developed in the future. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS establishes your agreement that have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
In reading this TOS, you acknowledge, understand and agree that all Refinery and GatherLAB trademarks, copyright, trade names, service marks, and other Refinery and GatherLAB logos and any brand features, and/or product and service names are trademarks and as such, are and will remain the property of GatherLAB. You also agree not to display and/or use in any manner Refinery and GatherLAB logo or marks without obtaining GatherLAB's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
GatherLAB will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, GatherLAB may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is true and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The GatherLAB Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
GatherLAB, Attn: Copyright Agent
1885 Mission St
San Francisco, California 94103
GatherLAB complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.
This TOS constitutes the entire agreement between you and GatherLAB and will govern the use of our Services, superseding any prior version of this TOS between you and GatherLAB with respect to our Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other GatherLAB Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and GatherLAB with regard to the TOS that our relationship will be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes arising out of or relating to the TOS or our relationship, will be filed within the courts having jurisdiction within the County of San Francisco, California or the U.S. District Court located in said state. You and GatherLAB agree to submit to the jurisdiction of the courts as mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
Should GatherLAB fail to exercise or enforce any right or provision of the TOS at any time, such failure will not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed 1 year after said claim or cause of action arose or will be permanently barred.
Please report any and all violations of this TOS to GatherLAB as follows:
1885 Mission St
San Francisco, California 94103