gatherologie terms + conditions of service
gatherologie™ terms & conditions of service
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT gatherologie’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION 11(4) BELOW.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
PLEASE NOTE THAT The Terms are subject to change by GATHEROLOGIE in its sole discretion at any time. When changes are made, gatherologie will make a new copy of the Terms available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of the Terms. gatherologie may require you to provide consent to the updated Terms in a specified manner before further use of the Site and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
- Listers are individuals or entities that rent out space for events, meetings, and/or weddings and/or event service providers such as photographers, florists, and caterers.
- Users are Listers, Members, and/or any individual or entity that uses the Site and/or the Services.
- Processing Fee means the fee which gatherologie charges to Users for processing the Membership Fee.
- Member is a person and/or entity that has paid for access to exclusive gatherologie promotions.
- Space means a venue and physical space is that is available to rent for meetings, events, and weddings.
- Lister Service means a vendor / wedding and/or event related service such as florist, photographer, videographer, caterer, etc.
- Authorized Use. Subject to the terms and conditions hereof, during the period these Terms are in effect we allow you to use the Services on a non-exclusive basis for your personal use or internal business purposes, and not for further resale. You shall not, and shall not permit anyone to, (a) reproduce, sell, lease, rent, publicly perform, display, disseminate, distribute, broadcast, or retransmit the Services to any third party, or provide the Services to any third party, (b)to use the Services in violation of any applicable law or regulation, (c) frame or utilize framing techniques to enclose any trademark, logo, or other Services of gatherologie, (d) use any metatags or other “hidden text” using gatherologie’s name or trademarks, (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of materials, but not caches or archives of such materials, or (f) access the Site or Services in order to build a similar or competitive website, application or service. You agree to use the Services only as permitted under these Terms. You will not and you will not permit any third party to: (a) impersonate another user or otherwise misrepresent yourself in any manner (including registering through multiple accounts or personas); (b) defame, abuse, stalk or threaten other Users; (c) post or transmit any User Content (as defined below) that is illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (d) publish falsehoods or misrepresentations; or (e) or harass or interfere with any User’s use or enjoyment of the Services. You agree to use the Services only as permitted under these Terms. You will not and you will not permit any third party to: (a) impersonate another user or otherwise misrepresent yourself in any manner (including registering through multiple accounts or personas); (b) defame, abuse, stalk or threaten other Users; (c) post or transmit any User Content (as defined below) that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (d) publish falsehoods or misrepresentations; (e) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (f) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, search or data-mine the Services. You may not, nor may you assist other parties to (a) copy, modify, adapt, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, including any User Content, (b) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, or (c) provide or distribute the Services to third parties. You may not use the Services for any commercial or other purposes that are not expressly permitted by these Terms.
- User Assumption of Risk. Every User’s use of the Lister Service is at their own risk. gatherologie is not responsible for the conduct of, or your interactions with, any other User (whether online or offline) or any associated loss, damage, injury or harm.
- Account Registration. In order to access certain features of the Site and Services you may be required to register for an account on the Site (“Account”). In registering for an Account, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (x) at least thirteen (13) years old; (y) of legal age to form a binding agreement; and (3) not a person barred from using the Services under the laws of the United States, your place of residence of any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account credentials with anyone, and you agree to immediately notify gatherologie of any unauthorized use of your password or any other breach of security.
- User Content. As used herein, “User Content” means all content, information and other materials that Users post, upload, publish, submit, transmit, include, or make available through the Services. User Content includes but is not limited to information, descriptions and images regarding Listers, any modifications or derivatives that Users make of the foregoing, as well as feedback, comments or ratings. You are fully and solely responsible for any User Content you submit or post to the Services. If you provide any User Content, you represent and warrant that such content is accurate and true, and does not (a) infringe the intellectual property, moral, privacy or publicity rights of any third party, (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry), (c) contain any worms, viruses or otherwise malicious software or other harmful or disruptive component, (d) violate any applicable law or regulation, or (e) encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive . By posting, uploading or otherwise making available any User Content you hereby grant gatherologie and its affiliates, successors and sublicensees a worldwide, non-exclusive, irrevocable, perpetual, fully paid and royalty-free, fully transferable, fully sub-licensable (through multiple tiers) license to use, publish, reproduce, perform, display, prepare derivative works of, digitally transmit and distribute such User Content in any form or medium (whether now known or hereafter developed), all in connection with the operation, improvement and promotion of the Services, including without limitation through any social media network in order to promote and market our Services. gatherologie has no obligation to accept, display, review or maintain any User Content. We reserve the right to remove, suspend access to or permanently delete any User Content, without notice, at gatherologie’s sole discretion. You understand that gatherologie is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to User Content. Although all Users must agree to our Terms, it is possible that other Users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. Nothing in these Terms grants you any right to use any gatherologie’s or any asset of any third party.
- The Lister Responsibilities. The Lister, not gatherologie, is solely responsible for, and gatherologie shall not have any liability with respect to, the Space and Lister Services, including obtaining any and all permits and/or approvals necessary to rent out a Space or provide Lister Services, to host events, or otherwise use the Services, paying all applicable taxes, levies, or fees with respect to providing use of a Space or Lister Service, and obtaining and maintaining insurance policy or policies sufficient to cover the use of each Space or Lister Service, as set forth in further detail below. gatherologie reserves the right at any time to refuse to list a Space or Lister Service, cancel the listing of a Space or Lister Service, or to remove a Space or Lister Service listing for any reason whatsoever. Users agree that there shall be no recourse against gatherologie for exercising its right to refuse a listing, or for removing the listing of a Space or Lister Service.
- The Lister and gatherologie Cooperation. The Lister shall use its best efforts to cooperate with gatherologie in making the Services available. The Lister hereby grants gatherologie permission to physically enter a listed Space at a mutually agreed upon time and date, and agrees to allow gatherologie to take photographic and/or video of your Space or Lister Service in connection to upload such pictures on the Services or any social network, at gatherologie’s sole discretion. Lister hereby waives any and all claims related to such images and video, including claims related to rights of publicity and privacy. The Lister is responsible for providing the Space or Lister Service in the condition described in the advertisement, pictures, and announcements posted on the Services. gatherologie reserves the right to refuse to list any property or service, at its sole discretion, on the Services. As a Lister, you represent and warrant that all pictures, images and descriptions of your Spaces and Lister Services are accurate, current and complete, and are a fair representation or description of such Space and/or Lister Services. If you, as a Lister, provide any photographs of your Space of your Lister Service, you hereby grant gatherologie a non-exclusive, perpetual, worldwide, royalty-free, fully paid-up, fully transferable and sublicense license to reproduce, publicly display, publicly perform, distribute, use and otherwise exploit such photographs to provide, market, support and improve the Services. If gatherologie displays such photographs in its marketing materials, gatherologie agrees to provide credit to the Lister that uploaded such photographs to the Services. You represent, warrant and covenant that you have all necessary rights and permissions to grant gatheorlogie the rights granted hereunder, without requiring gatherologie to pay any amounts to any third party, and that you have appropriately credited such photographs.
- The Member Responsibilities. If you are a Member, you acknowledge and agree that gatherologie does not control the content of the Spaces or Lister Service listed. gatherologie is not responsible for and disclaims any and all liability related to any and all listings of Spaces or Listed Service.
- Promotions. From time to time, we may offer exclusive promotions in which our Listers will offer discounts to our Members via our Service (each, a “Promotion”). The terms of this Section describe the terms under which Promotions may be run.
- For Listers. If you are a Lister, the terms of this Section 9(1) apply to you. Listers may apply to participate in a Promotion, by applying here [https://www.gatherologie.com/how-it-works-overview/]. gatherologie may approve or reject any Lister’s application to participate in a Promotion for any reason whatsoever. If your applicable is approved, you will be deemed an “Approved Lister” and, gatherologie will develop a complimentary profile page for the you to be displayed to Members of the Services (a “Profile Page”). As an Approved Lister, you agree: (i) to offer Members the following: at least a $200 discount (or such amount set forth in your account) off any Space(s) you offer via the Services, and at least a $50 discount (or such amount set forth in your account) off any Lister Service(s) you offer via the Services; (ii) to advertise, offer, market, promote and honor such discounts only via the Services, and NOT via any other medium or format, including through your business website or any third party website; (iii) will refer all Members and potential Members seeking a discount off your Space(s) and/or Lister Service(s) to the Services, and will notify such Members off all relevant terms of the Promotion at the time of the referral, including that such discount may only be redeemed via the Services; (iv) to honor the discounts of the Promotion at the time of the Member’s redemption: (v) verify that any person redeeming a Promotion’s discount is a Member via their Member ID/code; (vi) not to offer any discounts via the Services other than as set forth herein; (vii) to provide accurate and current information about your Space(s) and Lister Service(s) on your Profile Page, including accurate and current pricing information and availability, and you will promptly update such information to keep it accurate and current; (viii) will provide us with an email address where we can contact you regarding your Profile Page; (ix) not to discontinue any Promotion until you give us at least thirty (30) days prior written notice of your intent to terminate your Promotion; and (x) will honor all Promotions redeemed by Members prior to the date of termination of any Promotion you offer. You agree to indemnify and hold gatherologie harmless from any damages, judgments, liabilities, losses, penalties, costs and expenses arising from any third party action, claim or suit related to or arising any from your breach of this Section.
For Members. If you are a Member, the terms of this Section 9(2) apply to you. In order to participate in any Promotion, you must be a paying Member of the Service, and Members may only redeem Promotions while their paid membership is active (i.e. if your paid membership has expired, you cannot participate in a Promotion). Paying Members seeking to redeem a Promotion with a particular Lister must show proof of membership, via e-membership-card or printed membership provided by gatherologie in order to redeem a Promotion. Members agree to not misuse Promotions in any way.
- Fees and Purchase Terms.
- Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide gatherologie with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing gatherologie with your credit card number or PayPal account and associated payment information, you agree that gatherologie is authorized to immediately invoice your Account for all fees and charges due and payable to gatherologie hereunder and that no additional notice or consent is required. You agree to immediately notify gatherologie of any change in your billing address or the credit card used for payment hereunder. gatherologie reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
- Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your monthly or annual package (each, a “Service Commencement Date”). Except as set forth in the Terms, all fees for the Services, including our Processing Fees, are non-refundable. No contract will exist between you and gatherologie for the Services until gatherologie accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
- Taxes. gatherologie’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to gatherologie, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify gatherologie for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that gatherologie is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Free Trials and Other Promotions. Any free trial or other promotion that provides registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact gatherologie to have the charges reversed.
- Advertising Revenue. gatherologie reserves the right to display third-party ads before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that gatherologie has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by gatherologie as a result of such advertising.
- Third Party Payment Processors. gatherologie does not currently collect any credit card information. Payments made by you will be handled by our third-party payment processor PayPal, or through alternative payment service providers (the “Payment Service Providers”), and you hereby consent and authorize gatherologie to share any information and payment instructions you provide with the Payment Service Providers to the minimum extent required to complete your transactions. gatherologie shall not be responsible or liable for the acts of the Payment Service Providers. By confirming that you wish to proceed with your payment of your Space or Service booking, you authorize the Payment Service Providers to request funds from your credit or debit card provider. gatherologie disclaims any liability for any damages or expenses which you may suffer or incur as a result of the Payment Service Providers’ activities.
- Insurance. Listers must, prior to providing access to any Space or performing any Lister Services, obtain and maintain insurance sufficient to cover any loss that may arise out of the use of that particular Space or Lister Service by other Users who reserve or obtain such Space or Lister Service, as well as their guests, invitees, vendors, clients, customers or licensees, including policies covering property damage, casualty, personal injury, fire, and general liability (“Sufficient Insurance”). gatherologie disclaims any and all liability for any Lister’sfailure to be covered by Sufficient Insurance.
- Non-Circumvention. In order for gatherologie to keep bringing you our Services, it is imperative that our Users understand and agree that we depend on our Users complying with the spirit of these Terms. In particular, we require that all of our Members and Listers make any payments due between them, through our platform. As such, you acknowledge and agree that you will pay all fees due or owed to any Lister in connection with any Space or Lister Service booked or otherwise arranged through our Services, through our Site, and that you will not pay any other User directly any fees associated with such Space or Lister Service, or otherwise circumvent the payment process hereunder.
- Ownership. gatherologie and its licensors shall at all times solely own and maintain all right, title and interest in (a) the Services, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Services; and (b) all trade names, trademarks, and logos of gatherologie and the photos that gatherologie takes of your Spaces. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of gatherologie or any third party. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing or any Services shall mean only the right to use the Services pursuant to these Terms.
- No Endorsement. gatherologie does not endorse any Members or Listers. Users understand and agree that the images on the Services are intended only to indicate a photographic representation of the Space or Service at the time the photograph was taken, and are not an endorsement of the Space or Service by gatherologie. Users are required by these Terms to provide accurate information, but gatherologie makes no representations about, and does not confirm any details provided by the Users, including but not limited to information about the Space. By using the Services, Users further agree that any legal remedy or liability that you seek to obtain for actions or omissions by another User or other third party will be limited to a claim against the other User, and not against gatherologie.
- Indemnification. You shall fully indemnify, defend, and hold harmless gatherologie against any and all claims, demands, damages, judgments, liabilities, losses, penalties, costs or expenses (including attorneys’ fees and court costs) which gatherologie may suffer or incur in connection with any claim, demand, action, lawsuit or other proceeding whatsoever, arising directly or indirectly out of (a) any breach of these Terms by you; (b) your use of the Services, including any message or User Content you transmit through the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; or (e) the use, condition or rental of a Space or Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Space or Service .Procedure for Making Claims of Copyright Infringement. It is gatherologie’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to gatherologie by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Site or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site and/or Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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 (6) 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. Contact information for gatherologie’s Copyright Agent for notice of claims of copyright infringement is as follows:firstname.lastname@example.org.
- Disclaimers. You acknowledge and agree that gatherologie does not own or control, or attempt to verify the accuracy, suitability, safety or appropriateness of any of the Spaces or Lister Services. Accordingly, gatherologie is not and shall not be liable for any Spaces or Lister Services, or the acts or omissions of any Users. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND BY GATHEROLOGIE. GATHEROLOGIE EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GATHEROLOGIE FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING (I) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES (IV) THAT ANY INFORMATION REGARDING SPACES OR SERVICES, INCLUDING DESCRIPTIONS OF SPACES AND SERVICES AND ANY PRICING INFORMATION, OR THE LOCATION OF ANY SPACES OR SERVICES, AS MAY BE PROVIDED BY USERS OR A THIRD PARTY IS ACCURATE OR COMPLETE, (V) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE USE OF THE SERVICES, THE UPLOADING OF USER CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES’ WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR LISTING OR BOOKING OF ANY SPACE OR SERVICE VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GATHEROLOGIE WHETHER IN PERSON OR ONLINE. NEITHER GATHEROLOGIE NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SPACES OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GATHEROLOGIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL GATHEROLOGIE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE OR SERVICE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES AND IN CONNECTION WITH ANY SPACE OR SERVICE OR INTERACTIONS WITH ANY OTHER USER, EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
- General The term of this agreement will commence on the date you accept these Terms and will continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate this agreement with advance written notice of 7 days, provided, however, that gatherologie may terminate these Terms and all rights granted hereunder without notice if it has a reasonable belief that you are using the Services in violation of these Terms or any applicable law, rule or regulation. Your payment obligations along with Sections 15 through 20 will survive the termination or expiration of these Terms for any reason.
- Independent Contractors. The parties are independent contractors, and nothing contained herein is construed to create a relationship of employer and employee, principal and agent, partnership or the like between gatherologie and the Users.
- Entire Agreement. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other previous agreements between the parties regarding the subject matter hereof. gatherologie may assign its rights or obligations pursuant to these Terms. Users shall not assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect.
- Electronic Communications. The communications between you and gatherologie use electronic means, whether you visit Site or send gatherologie e-mails, or whether gatherologie posts notices on Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from gatherologie in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that gatherologie provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Release. You hereby release gatherologie and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Site or Services, including but not limited to, any interactions with or conduct of other Users or Lister Spaces and/or Lister Services of any kind arising in connection with or as a result of the Terms or your use of Site or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
- Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with gatherologie and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by gatherologie 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, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and gatherologie, 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 (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to gatherologie should be sent to: [872 Higuera Street, San Luis Obispo, CA 93401] . After the Notice is received, you and gatherologie may attempt to resolve the claim or dispute informally. If you and gatherologie 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, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS 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, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. 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 hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and gatherologie, 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 JAMS 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, including the calculation of any damages awarded. 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 gatherologie.
- 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 costly 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 gatherologie in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND gatherologie 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. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, then notwithstanding anything to the contrary in this Arbitration Agreement or Terms, neither you nor gatherologie is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 20(5)(13).
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, 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 gatherologie.
- Small Claims Court. Notwithstanding the foregoing, either you or gatherologie may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding 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.
- Courts. 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 San Mateo County, California, for such purpose.
- Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms