Contact Us

Follow Us

twitter facebook Google+ rss

Good for People and Planet

GatherGreen Terms of Service

These Terms of Service set forth the terms and conditions that apply to your use of GatherGreen’s website located at http://www.gathergreen.com (or successors URLs) and the information services, vouchers, certificates, discounts and materials offered thereon (collectively, the “GatherGreen Site”) which are offered to you by GatherGreen (“GatherGreen”), its affiliates or merchants.  Subject to your compliance with these Terms of Service, GatherGreen grants you (“You” or “User”) permission to use the GatherGreen Site as set forth below.  Certain programs, features, services, vouchers, certificates or discounts may have additional terms as expressly indicated by GatherGreen.  

PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT.  BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE GATHERGREEN SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).  IF AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE GATHERGREEN SITE.
A. ELIGIBILITY; REGISTRATION INFORMATION; AND PASSWORD
Eligibility
By using the GatherGreen Site, you represent and warrant that: (a) you are at least 13 years of age; (b) you are an individual, not a corporation or other business entity; (c) you are not and shall not use the GatherGreen Site under an additional name or email address; and (d) you have not been previously suspended or removed from the GatherGreen Site. If you are older than 13 but younger than 18 years of age (“Minor Child”), you must have parental consent before registering for the GatherGreen Site. If you have agreed to allow your Minor Child to use the GatherGreen Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor Child; (b) monitoring such Minor Child’s access to and use of the GatherGreen Site; and (c) the consequences of any use of the GatherGreen Site by such Minor Child.
Registered Account
In order to access some features of the GatherGreen Site, you may have to create an account. You represent and warrant that the information you provide to GatherGreen upon registration and, at all other times, will be true, accurate, current and complete. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for logging off of the GatherGreen Site at the end of each session. If you have reason to believe that your account is no longer secure, you shall immediately notify GatherGreen. YOU AGREE TO ACCEPT RESPONSIBILITY FOR THE LOSSES INCURRED BY GATHERGREEN OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
B. OWNERSHIP; PROPRIETARY RIGHTS
GatherGreen Site
As between the parties, the GatherGreen Site, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the GatherGreen Site are owned and operated by GatherGreen, its affiliates and/or its licensors. GatherGreen reserves all rights not expressly granted in these Terms. All trademarks, service marks, and trade names are proprietary to GatherGreen, its affiliates, its licensors and/or the third parties providing service or content on the GatherGreen Site, and may not be exploited without the express permission of the owner of such marks or as otherwise authorized under these Terms.
C. PRIVACY
Your privacy is important to GatherGreen. The GatherGreen Site Privacy Policy (at http://www.gathergreen.com/index.php/privacy or any successor URL) (the “Privacy Policy”) is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to GatherGreen’s collection, use and disclosure of your personal information.
D. USER SUBMITTED CONTENT
General
The GatherGreen Site may offer certain features (including blogs and forums) which enable you and other Users to submit, post, share and distribute content, which may include without limitation text, drawings, graphic, audio, video, and pictorial works, or any other content submitted by you and other Users through the GatherGreen Site (“Submitted Content”). You understand that all Submitted Content is the sole responsibility of the person from whom such content originated. This means that you, and not GatherGreen, are entirely responsible for all Submitted Content and the consequences of uploading, posting or publishing it on the GatherGreen Site.
Right to Remove or Edit Submitted Content
GatherGreen reserves the right, in its sole discretion, to refuse to allow any Submitted Content on the GatherGreen Site, or to edit or remove any Submitted Content at any time with or without notice. Without limiting the generality of the preceding sentence, GatherGreen complies with the Digital Millennium Copyright Act (see the “Digital Millennium Copyright Act” section below).
Grant of Rights by You to GatherGreen
By providing Submitted Content to GatherGreen, you hereby grant GatherGreen and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, transferable, perpetual license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, prepare derivative works of, display, perform, and otherwise exploit your Submitted Content in connection with the GatherGreen Site and GatherGreen’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the GatherGreen Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Submitted Content. You also hereby grant to each User of the GatherGreen Site a non-exclusive license to access, use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such Submitted Content. Except for the rights granted in these Terms, each User retains all right, title, and interest in its Submitted Content.
Submitted Content Disclaimer
You understand that when using the GatherGreen Site you may be exposed to Submitted Content and other third party content that is inaccurate, offensive, indecent or otherwise objectionable. GatherGreen does not endorse any Submitted Content or any opinion, recommendation or advice expressed therein. Under no circumstances will GatherGreen be liable in any way for or in connection with the Submitted Content, including, but not limited to, liability for any inaccuracies, errors or omissions in any Submitted Content, any intellectual property infringement with regard to any Submitted Content or for any loss or damage of any kind incurred as a result of the use of any Submitted Content. You agree that you must evaluate and bear all risks associated with the use of any Submitted Content, including any reliance on the accuracy, completeness, usefulness, legality of such content or accurate identification of the author (and/ or their affiliation with any third party).
E. USES OF THE GATHERGREEN SITE
Rules for Use of Site
  1. 1. As a condition of your use of the GatherGreen Site, you hereby represent and warrant that you will not use the GatherGreen Site for any purpose that is unlawful or prohibited by these Terms.
  2. 2. Any use by you of any of the GatherGreen Site other than for private, non-commercial use is strictly prohibited. Unless expressly permitted in these Terms, you agree not to download, reproduce, sell, trade, distribute, retransmit, publish, publicly display or otherwise exploit any portion of the GatherGreen Site or any Submitted Content for any purpose in any medium other than for your personal, private, non-commercial purposes.
  3. 3. You agree not to: (i) upload, submit or send to other Users of the GatherGreen Site any pornographic, embarrassing, hateful, abusive, profane, indecent, libelous, fraudulent or otherwise inappropriate content; (ii) engage in disruptive activities online, including excessive use of scripts, sound waves, caps, scrolling, etc.; or (iii) intentionally interfere with, damage or disable the operation of the GatherGreen Site or any User’s enjoyment of it, by any means (including uploading or otherwise disseminating malicious code).
  4. 4. You agree not to obtain or attempt to obtain unauthorized access to the GatherGreen Site (or any part thereof) or remove, circumvent, disable, damage or otherwise interfere with any features that prevent or restrict the use or copying of any part of the GatherGreen Site. You agree not to attempt to gain unauthorized access to other accounts, other Users’ personal information, computer systems or networks connected to the GatherGreen Site, through hacking, password mining or any other means.
  5. 5. You agree that you will not use any robot, spider, scraper or other automated means to access the GatherGreen Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the GatherGreen Site.
  6. 6. You agree not to utilize framing techniques to enclose any trademark, logo or other materials on the GatherGreen Site without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing GatherGreen’s name or trademarks without our express written consent.
  7. 7. You agree not to make unsolicited offers, advertisements, proposals or send junk mail or spam to other Users of the GatherGreen Site.
  8. 8. You agree not to: (i) solicit other Users to join, become members of, or contribute money to any online service or other organization; (ii) advocate or attempt to get Users to join in legal or illegal schemes; or (iii) encourage or provide instruction about illegal activities.
  9. 9. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the GatherGreen Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  10. 10. You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with another person or entity.
F. YOUR RELATIONSHIP WITH THIRD PARTIES
General; No Endorsement of Third Party Offerings
On the GatherGreen Site, GatherGreen may provide links to other sites including the content therein (“Reference Sites”), vouchers and certificates redeemable for the products or services of merchants (“Vouchers”) or third-party materials, content, advertisements, products or services (“Third-Party Offerings”). GatherGreen has no control over third parties, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, safety, operability or availability of such Reference Sites, Third-Party Offerings and Vouchers. The inclusion of any link, Third-Party Offerings or Voucher on the GatherGreen Site does not imply our affiliation, endorsement, investigation or monitoring thereof or of the business practices of the associated third party or merchant. By offering a Voucher, service or product through the GatherGreen Site, GatherGreen is not claiming, representing or guaranteeing that such product or service or any product or service to which a Voucher applies is less likely to inflict harm on the environment. In particular, GatherGreen expressly disclaims and you hereby release GatherGreen from any responsibility for: (a) the failure of any third party or merchant to adopt environmentally friendly policies, products or services; and (b) misleading advertisements, marketing activities, promotions or any other practices by third parties or merchants that mislead you or other consumers or users as to their environmental practices (including but not limited to “greenwashing” activities). Access and use of Reference Sites (including the information, materials, products, and services on Reference Sites or available through Reference Sites) and Third-Party Offerings is solely at your own risk. Our terms and policies do not govern your use of any site other than the GatherGreen Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
Vouchers
The merchant who issues the voucher (the “Merchant”) is the offeror of the Voucher and is solely responsible for redeeming any Voucher you purchase. The Voucher is subject to the terms and conditions of the Merchant. The Merchant is solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services. GatherGreen expressly disclaims any responsibility for all Vouchers, products and services provided by a Merchant or any other third party, and you waive, and release GatherGreen and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to: (i) any Voucher (including the terms governing the redemption of such Voucher, any inability to redeem the Voucher, and any fraudulent activity related to the Voucher); (ii) any service or product provided by a Merchant or other third party; or (iii) any act or omission by any Merchant (including Merchant’s failure to comply with the terms of a Voucher or applicable law). The Merchant is responsible for compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof.
Release
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION) 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.”
G. TERMINATION
By GatherGreen
You agree that GatherGreen, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the GatherGreen Site or terminate or restrict your use of the GatherGreen Site, and may remove and discard all or any part of your account or any Submitted Content or any information stored, sent or received via the GatherGreen Site, at any time and without prior notice. You further agree that GatherGreen shall not be liable to you for any such termination. These remedies are in addition to any other remedies GatherGreen may have at law or in equity and termination, suspension or cancellation of these Terms or your access rights shall not affect such remedies. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to GatherGreen and its licensors.
By User
If you are dissatisfied with the GatherGreen Site, please contact us. Your only remedy with respect to any dissatisfaction with (i) the GatherGreen Site; (ii) any term of these Terms; (iii) any policy or practice of GatherGreen in operating the GatherGreen Site; or (iv) any content or information transmitted through the GatherGreen Site is to terminate these Terms at any time by discontinuing your use of any and all parts of the GatherGreen Site and providing notice of termination at support@gathergreen.com.
H. DIGITAL MILLENNIUM COPYRIGHT ACT
Notice of Infringing Material
It is GatherGreen’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers.” If you are a copyright owner or an agent thereof, and believe that any Submitted Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (indicated below) with the following information in writing (see 17 U.S.C § 512(c)(3) or consult your own legal counsel to confirm these requirements):
  1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the GatherGreen Site are covered by a single notification, a representative list of such works from the GatherGreen Site;
  3. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GatherGreen to locate the material;
  4. 4. Information reasonably sufficient to permit GatherGreen to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter Notification
If you elect to send us a counter notice, to be effective it must be a written communication to our Designated Copyright Agent (indicated below) that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
  1. 1. A physical or electronic signature of the subscriber;
  2. 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. 3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. 4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which GatherGreen may be found, and that the subscriber will accept service of process from the person who provided notification under Section 512(c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
GatherGreen’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Eduardo Sciammarella
GatherGreen
1050 S. Flower St. #516
Los Angeles CA, 90015
Phone #: 323-393-0190
Fax #: (323) 417-4722
support@gathergreen.com
For clarity, only DMCA notices should go to GatherGreen’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to GatherGreen customer service through support@gathergreen.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
I. WARRANTY DISCLAIMER
Acknowledgement
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM GATHERGREEN INCLUDES GATHERGREEN’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS.
No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GATHERGREEN DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING. NO ADVICE, INFORMATION, RECOMMENDATION OR ENDORSEMENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GATHERGREEN OR THROUGH THE GATHERGREEN SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
“As is” and “As Available” and “With All Faults”
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GATHERGREEN SITE IS AT YOUR SOLE RISK. THE GATHERGREEN SITE, VOUCHERS, SUBMITTED CONTENT AND ANY THIRD-PARTY OFFERINGS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GATHERGREEN SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Website Operation
GATHERGREEN DOES NOT WARRANT THAT THE GATHERGREEN SITE, VOUCHERS, SUBMITTED CONTENT OR THIRD-PARTY OFFERINGS OFFERED ON, THROUGH OR IN CONJUNCTION WITH THE GATHERGREEN SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR AVAILABLE FOR USE AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy
GATHERGREEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GATHERGREEN SITE OR ANY VOUCHERS, CONTENT, SERVICES OR APPLICATIONS MADE IN CONJUNCTION WITH OR THROUGH THE GATHERGREEN SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE GATHERGREEN SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE GATHERGREEN SITE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE GATHERGREEN SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
J. LIMITATION OF LIABILITY
Acknowledgement
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM GATHERGREEN INCLUDES GATHERGREEN’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS AND SUBCONTRACTORS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORTS OR STRICT LIABILITY, SHALL GATHERGREEN BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO: (I) THESE TERMS; (II) YOUR USE OR A DELAY OR INABILITY TO USE THE GATHERGREEN SITE OR ANY REFERENCE SITES; (III) ANY VOUCHERS, INFORMATION, PRODUCTS AND SERVICES ADVERTISED IN OR OFFERED OR OBTAINED THROUGH THE GATHERGREEN SITE; (IV) GATHERGREEN’S REMOVAL OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE; OR (V) ANY OTHER INTERACTIONS WITH GATHERGREEN, EVEN IF GATHERGREEN OR A GATHERGREEN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GATHERGREEN SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.
Reference Sites
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GATHERGREEN (INCLUDING BUT NOT LIMITED TO PRODUCTS AND SERVICES RECEIVED BY YOU THROUGH THE USE OF A VOUCHER PROVIDED ON THE GATHERGREEN SITE, OFFERED TO OR OBTAINED BY YOU THROUGH THE GATHERGREEN SITE OR ADVERTISED ON THE GATHERGREEN SITE).
Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT GATHERGREEN HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GATHERGREEN AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GATHERGREEN.
K. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GATHERGREEN, GATHERGREEN’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE GATHERGREEN SITE; (II) YOUR SUBMITTED CONTENT, INCLUDING GATHERGREEN’S USE OF ITS LICENSE RIGHTS GRANTED HEREIN; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (V) ANY USE OF THE VOUCHERS OTHER THAN ACCORDING TO THE APPLICABLE TERMS AND CONDITIONS OF GATHERGREEN AND THE ISSUING MERCHANTS. GATHERGREEN RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF GATHERGREEN. GATHERGREEN WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
L. MONITORING
GatherGreen does not control and does not have any obligation to monitor: (i) Submitted Content; (ii) any content made available by third parties; (iii) the use of the GatherGreen Site by its Users; or (iv) the redemption process for the Vouchers. You acknowledge and agree that GatherGreen reserves the right to, and may from time to time, monitor any and all information transmitted or received through the GatherGreen Site for operational and other purposes. If at any time, GatherGreen chooses, in its sole discretion, to monitor the Submitted Content, GatherGreen nonetheless assumes: (i) no responsibility or liability for the Submitted Content or any loss or damage of any kind incurred as a result of the use of such content; (ii) no obligation to modify or remove any inappropriate Submitted Content; and (iii) no responsibility for the conduct of the User submitting any such Submitted Content. During monitoring, information may be examined, recorded, copied and used for authorized purposes in accordance with our Privacy Policy.
M. GENERAL
Modification
GatherGreen reserves the right, at our sole discretion and at any time without notice, to change, modify, add or remove portions of the Terms or to modify, add or discontinue any aspect, content or feature of the GatherGreen Site. GatherGreen may, in its sole discretion, restrict the time of availability of the GatherGreen Site, restrict the availability or scope of the GatherGreen Site for certain platforms and/or restrict the amount of use permitted. The content, products, or services on the GatherGreen Site may be out of date, and GatherGreen makes no commitment to update these materials on the GatherGreen Site. Please check these Terms periodically for changes. Your continued use of the GatherGreen Site after the posting of changes on the GatherGreen Site constitutes your binding acceptance of such changes. In the event that modifications to the Terms materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the GatherGreen Site with actual knowledge of such modified Terms; or (ii) 30 days from publication of such modified Terms on the GatherGreen Site.
Notice
GatherGreen may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the GatherGreen Site. If notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless GatherGreen is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide GatherGreen with notices only by mail to its address as provided below.
Choice of Law; Forum
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the GatherGreen Site shall be filed only in the state or federal courts in and for Los Angeles County, California, except as otherwise agreed by the parties.
Severability
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, without the express written consent of GatherGreen but may be assigned by GatherGreen without restriction. Any assignment attempt in violation of these Terms shall be null and void.
Independent Contractor
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GatherGreen as a result of these Terms or use of the GatherGreen Site. You further acknowledge that by transferring Submitted Content or other content to GatherGreen, no confidential, fiduciary, contractually implied or other relationship is created between you and GatherGreen other than pursuant to these Terms.
Survival
Sections A- M will survive any termination of these Terms whether by you or GatherGreen.
Waiver
No waiver of any provision or any right granted hereunder shall be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
Entire Agreement
This is the entire agreement between you and GatherGreen relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by GatherGreen as set forth in these Terms.
Claims
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE GATHERGREEN SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures
The services hereunder are offered by GatherGreen, located at:
1050 S. Flower St. #516
Los Angeles CA, 90015
Phone #: 323-393-0190
Fax #: (323) 417-4722
support@gathergreen.com
Last Updated: October 12, 2010
  Loading...