gatherologie™ terms & conditions of service

Thank you for visiting www.gatherologie.com (the “Site”). These terms of service (“Terms”) listed below constitute the entire agreement between you and gatherologie inc. (“gatherologie”or “us”“our”“we”). These Terms govern your access and use of the Site and any related mobile application or software whether existing now or in the future that provides an online platform to be used as a connector between The Planners and The Listers (as such terms are defined below) to connect and to reserve Spaces and Services directly with each other (collectively the “Services”). By using the Services, you signify your assent to both these Terms and our Privacy Policy, which is available at Privacy Policy. Changes may be made to these Terms from time to time. Your continued use of the Site and/or the Services will be deemed acceptance to any such amended or updated terms. If you do not agree to any of these Terms, please do not click “ACCEPT” and do not use the Site and/or Services. By clicking “ACCEPT”: you represent and warrant that (1) you have read, understood and agreed to these Terms and the Privacy Policy; (2) you are at least 18 years old; (3) that you have all necessary permits, permissions, and insurance coverages to make use of the Services and (4) if you are acting on behalf of a legal entity, you confirm that you accept these Terms as an individual and on behalf of such entity and have the authority to enter into this Terms on its behalf.

gatherologie reserves the right to change, modify or update the Terms, and the Services at any time without prior notice, including updates that modify or remove previously- available functionality. Your continued use of the Services will be deemed acceptance of all such amended or updated terms.

  1. Definitions

The Lister: Individuals or entities that rent out space they own for a limited duration and/or event service providers such as photographers, florists, and caterers.

The Planner: any end-user of the Services, who uses the Services to locate event spaces and services.

gatherologie: gatherologie and its subsidiaries, members, parent, shareholders, affiliates, officers, directors, employees, independent contractors and agents

Listing Fee: means the fee that The Lister charges The Planner for the use of the Space or Service (the amount of the Listing Fee is set forth in the Space and Service Use Agreement as such term is defined in the Terms)

Commission: means the fee which gatherologie collects from The Lister upon each confirmed booking, currently set at 5% of the Listing Fee, unless otherwise agreed in writing between gatherologie and The Lister.

Processing Fee: means the fee which gatherologie charges to The Lister for processing the Listing Fee and which is calculated as a percentage of the applicable Listing Fee (currently 3% on top of the Listing). Such Processing Fee is not refundable.

User or You: The Lister, or The Planner or any individual or entity looking to use the Site and/or the Services.

  1. Recitals
    1. 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. You agree to use the Services solely for your own use. You shall not permit anyone, including yourself or a third party, to reproduce, sell, lease, rent, publicly perform, display, disseminate, distribute, broadcast, or retransmit the Services to any third party, or provide Services to any third party, except for allowing other Users to negotiate prices with respect to goods and services that you provide and to purchase or license such goods or services. You shall not permit anyone, including yourself or a third party, to use the Services in violation of any applicable law or regulation.
    2. 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
    3. User Assumption of Risk. Every User’s use of the Services 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.
    4. Account Registration. 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
    5. User Content. User Content means all content 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 Spaces, 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, (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 or uploading any User Content you hereby grant gatherologie and its affiliates, successors and sublicensees a worldwide, non-exclusive, non-revocable, perpetual, fully paid and royalty-free, transferable, sub-licensable license to use, publish, reproduce, perform, display , prepare derivative work of and distribute such User Content in any form, all in connection with the operation 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.
    6. The Lister Responsibilities. The Lister, not gatherologie, is solely responsible for obtaining any and all permits and/or approvals necessary to rent out a Space or provide Event Services, to host events, or otherwise use the Services. The Lister, not gatherologie, is solely responsible for paying all applicable taxes, levies, or fees with respect to providing use of a Space or Service. The Lister, not gatherologie, is responsible for obtaining and maintaining insurance policy or policies sufficient to cover the use of each Space or Service, as set forth in further detail below. gatherologie reserves the right at any time to refuse to list a Space or Service, cancel the listing of a Space or Service, or to remove a Space or 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 Service.
    7. The Lister and gatherologie Cooperation. The Lister shall do its best efforts to cooperate with gatherologie in making the Services available. The Lister hereby grants gatherologie permission to physically enter a listed Space or Service at a mutually agreed upon time and date, and agrees to allow gatherologie to take photographic and/or video images of your Space or Service in connection to upload such pictures on the Services or any social network, at gatherologie’s sole discretion. The Lister agrees to provide the The Planner access to the Space at the agreed upon time and for the agreed upon period of time. The Lister is responsible for providing the Space or 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.
    8. The Planner Responsibilities. The Planner is solely responsible for ensuring that the Space and Services are safe and suitable for the use it intends to make of it. gatherologie does not control the content of the Spaces or Services listed. gatherologie is not responsible for and disclaims any and all liability related to any and all listings of Spaces or Services. The Planner’s reservation of a Space or Service is made at its own risk. The Planner is responsible for leaving a rented Space in the same condition as it was found The Planner is responsible for its own acts and omissions and for the acts and omissions of any individuals whom it invites to the Space, or otherwise provides access to the Space, including but not limited to guests, invitees, vendors and other service professionals. In the event The Lister claims that the property was not relinquished in the same condition as it was found, and provides evidence of damage, including but not limited to photographs, The Planner shall pay the cost of replacing any damaged items with equivalent items. The Planner also may be responsible for obtaining and maintaining insurance policy or policies sufficient to cover the use of each Space and Service, as set forth in further detail below. The Planner must in addition take adequate measures to confirm the identification and age of those wishing to drink during the event taking place in the Space. It is illegal to serve alcohol to or purchase alcoholic beverages for a minor.
    9. Booking Confirmation, Space Use Agreement, Usage Fee, Commission. After a Space or Service booking has been confirmed by The Lister or The Planner, The Planner will then be charged a Deposit which is currently set at 10% of Listing Fee, unless otherwise stated by the Lister, by gatherologie. gatherologie shall retain a Commission on such Listing Fee and shall forward to The Lister the remaining Listing Fee minus any applicable payment processing fees, taxes, commissions, and amounts withheld at the sole discretion of gatherologie to address concerns or complaints about the Space or Service, if any made by The Planner or third parties. By reserving a Space or Service, The Planner represents and warrants the following: (i) any payment information you supply is true and complete; (ii) charges incurred by you will be honored by payment card company. After a Space or Service booking has been confirmed by The Lister or The Planner, The Planner and The Lister must then accept a space and service use agreement (the “Space & Service Use Agreement”) using the template available at Space and Service Use Agreement. This Space Use Agreement includes important terms, including the amount of the Listing Fee, the amount of the Security Deposit, and the cancellation policy (the “Cancellation Policy”) for the Space or Service. Each of The Lister and The Planner should review this Space & Service Use Agreement carefully.
    10. Cancellation Policies. The Listers shall choose a Cancellation Policy between the different options provided by gatherologie and available here, setting forth the terms of reimbursement, if any, in the Space & Service Use Agreement for each Space. The Planner must review the Cancellation Policy contained in the Space & Service Use Agreement carefully. Regardless of the Cancellation Policy, gatherologie’s Processing Fees are not subject to cancellation or reimbursement.
      1. gatherologie requires that The Lister and/or The Planner obtain insurance or review their existing policies and make sure their insurance covers any loss that may arise out of the use of that particular Space or Service by The Planner, its 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 The Lister and The Planner’s failure to be covered by Sufficient Insurance. To the extent The Lister has not obtained and does not have Sufficient Insurance, it shall require The Planner to purchase such Sufficient Insurance prior to the Event Date. gatherologie shall have no liability for the Parties’ failure to contract a Sufficient Insurance.
    11. gatherologie does not currently collect any credit card information. Payments by The Planner will be handled by our third-party payment processor PayPal, or through alternative payment service providers (the “Payment Service Providers”). gatherologie shall not be responsible or liable for the acts of the Payment Service Providers. Use of the Payment Service Providers is subject to their own terms which you shall review. 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.
    12. NON-CIRCUMVENTION. OTHER THAN AS PROVIDED THROUGH THE SERVICES, YOU MAY NOT USE THE SERVICES TO FIND THE PLANNER OR THE LISTER AND THEN COMPLETE A SPACE AND/OR SERVICE BOOKING WITHOUT MAKING USE OF THE SERVICES, IN ORDER TO CIRCUMVENT THE OBLIGATION TO PAY ANY COMMISSION RELATED TO GATHEROLOGIE’S PROVISION OF THE SERVICES OR FOR ANY OTHER REASONS.
    13. Intellectual Property. 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; (b) all trade names, trademarks, and logos of gatherologie and the photos that gatherologie takes of your Spaces and/or Services. 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. You hereby grant to gatherologie and its affiliates, successors and service providers a perpetual, non revocable, worldwide, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content that you make available on or by means of or through the Service or otherwise make available to us, in any media formats, all in connection with the operation of the Services, including without limitation through any social media network used by gatherologie. As between the parties, and subject to the foregoing, all right, title and interest in the following shall remain solely yours and that of your licensors: (a) any goods or services provided by you, and any advertising or other information provided by you with respect thereto, and (b) your trade names, trademarks, and logos.
    14. 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; (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. You hereby grant to gatherologie and its affiliates, successors and service providers a perpetual, non revocable, worldwide, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content that you make available on or by means of or through the Service or otherwise make available to us, in any media formats, all in connection with the operation of the Services, including without limitation through any social media network used by gatherologie. As between the parties, and subject to the foregoing, all right, title and interest in the following shall remain solely yours and that of your licensors: (a) any goods or services provided by you, and any advertising or other information provided by you with respect thereto, and (b) your trade names, trademarks, and logos.
    15. No Endorsement. gatherologie does not endorse any Planners 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.
    16. All Users shall fully indemnify, defend, and hold harmless gatherologie against any and all claims, demands, damages, 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 by any User or third party, arising directly or indirectly out of (a) any breach of these Terms by User or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted 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, (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 .
    17. Copyright Infringement. gatherologie respects the intellectual property rights of others and expects its users to do the same. gatherologie will remove all infringing User Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Services infringes their rights. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it be blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is gatherologie’s policy to terminate the account of repeat infringers in appropriate circumstances, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: info@gatherologie.com.
    18. You acknowledge and agree that gatherologie does not own any of the Spaces or Services listed. gatherologie only makes connections between the Users of the Services but cannot and does not accept any responsibility for the actions of any Lister, Planner or other Users or for the suitability or non-suitability of a Space for your needs. GATHEROLOGIE DISCLAIMS ALL LIABILITY FOR THE LISTER’S FAILURE TO SATISFY ITS OBLIGATION FOR PROVIDING THE SPACE OR SERVICE AS MAY BE AGREED. GATHEROLOGIE DISCLAIMS ALL LIABILITY FOR THE PLANNER’S FAILURE TO SATISFY ITS OBLIGATION RELATED TO THE USE OF THE SPACE OR SERVICE AS MAY BE AGREED. IF YOU USE THE SERVICES AND AGREE TO MAKE YOUR SPACE OR SERVICE AVAILABLE OR TO RENT A SPACE, THEN YOU DO AT YOUR OWN RISK AND GATHEROLOGIE SHALL NOT HAVE ANY LIABILITY THEREFORE. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND BY GATHEROLOGIE. GATHEROLOGIE EXPRESSLY DISCLAIMS ANY 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.
    19. 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 ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES 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. EXCEPT FOR OUR OBLIGATIONS TO PAY THE USAGE FEE (WHICH MAY BE SUBJECT TO DEDUCTIONS AT GATHEROLOGIE’S SOLE DISCRETION) TO THE LISTER PURSUANT TO THESE TERMS, 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).
    20. Users understand and agree that gatherologie will collect certain data from Users who use the Services, which data includes information that may personally identify such Users. gatherologie will use such data only in accordance with its Privacy Policy which can be read at Privacy Policy.
    21. 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. Sections ‎15 through 24 will survive the termination or expiration of these Terms for any reason.
      1. 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.
      2. Users agree to provide email, regular mail and mobile phone numbers to gatherologie, and acknowledge and agree that gatherologie may contact them by electronic means, including but not limited to email communications, SMS or text messages, via the information provided in User’s Account. Notices sent by email shall be deemed received when they are sent.
      3. 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.
      4. Binding Arbitration & Class Action Waiver. These Terms shall be governed by the laws of the State of California. Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitral, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be the city of San Luis Obispo. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE A DISPUTE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor gatherologie will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.