GENERAL TERMS & CONDITIONS
1. Restrictions On Use : This site is owned and operated by THE GATHERING SPOT, LLC. (the “Company” or “TGS”). TGS maintains this website for the convenience of its members, each user, and other interested parties. No data, information, documentation, logos, trademarks, service marks, trade names, software, audio, video, images, or other materials or content (collectively, the “Data”) appearing or otherwise accessible on this site or any Web site owned, operated, licensed, or controlled by TGS may be sold, used to brand, copied, reproduced, republished, uploaded, posted, transmitted, distributed, decompiled, reverse engineered, disassembled, or otherwise altered or tampered with in any way, except that you may download one copy of the Data on any single computer, or on your company’s intranet (LAN or WAN), only for either your personal, noncommercial home use, or for the internal business purposes of your company, provided you keep intact all copyright and other proprietary notices. Modification of the Data or use of the Data for any other purpose without obtaining the express, written permission of the Company is a violation of TGS’s copyright, trademark and other proprietary rights. In the event you download any Data from this site, the Data, including any files, images incorporated into or generated by the Data are licensed on a limited, non-exclusive basis to you by TGS. TGS does not transfer title to the Data to you. You own the medium on which the Data are recorded, but TGS retains full and complete title to the Data, and all intellectual property rights thereto. For purposes of these terms, the use of any Data on any other Web site or networked computer environment is prohibited.
2. Age; Legal Ability to Enter into this Agreement : You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these General Terms and Conditions, and to abide by and comply with these General Terms and Conditions. TGS’ website is not intended for children under 13. If you are under 13 years of age, then please do not use TGS’ Website.
3. Trademark & Copyright Notice : This website contains copyrighted material, trademarks and other proprietary information, and the entire contents of this site are copyrighted as a collective work under the United States copyright laws. TGS is the owner of copyright in this website and owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of this website. Except as otherwise expressly permitted in the contents of this website or under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from this website without the express, written permission of TGS, except for personal non-commercial use. In the event of any permitted copying, redistribution or publication of material from this site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks, service marks and trade names used on this site, including (but not limited to) The Gathering Spot™, are the sole property of TGS. This site also includes trademarks, service marks and trade names of other companies. This site refers to market and industry research reports and documentation prepared by various organizations, which typically do not disclose their underlying limitations or assumptions.
4. Accuracy : While TGS makes every effort to present accurate and reliable information on this website, TGS does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information.
5. Use of such information is voluntary, at your own risk, and reliance on it should only be undertaken after an independent review. TGS’s services are provided on an “AS IS” basis. Reference in this site to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, recommendation or favoring by TGS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TGS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE OR DATA, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR FROM THE ACCURACY OF THE MATERIALS, CONTENT OR INFORMATION (SPECIFICALLY INCLUDING DATA) APPEARING OR OTHERWISE ACCESSIBLE ON THIS SITE, OR FROM THE USE OF, OR THE INABILITY TO USE, OR FROM THE ACCURACY OF ANY MATERIALS, CONTENT OR INFORMATION (SPECIFICALLY INCLUDING DATA) APPEARING OR OTHERWISE ACCESSIBLE ON SITES OWNED, MANAGED OR CONTROLLED BY TGS OR BY THIRD PARTIES THAT LINK TO OR FROM THE SITE, EVEN IF TGS OR A TGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TGS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
6. Third Party Links : This website contains links to other websites, resources and/or advertisers. These links are provided for your convenience only and you access them at your own risk. TGS is not responsible for the availability, accuracy, completeness, or timeliness of these external sites, nor is it liable for the contents, advertising, products, services or other materials made available on or through such third party websites. In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by TGS of that third party or of any product or service provided by a third party. You should direct any concerns to such third party’s webmaster or customer service contact.
7. No Framing : TGS has carefully designed this website to deliver certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of this website in any way that interferes with that purpose. In particular, TGS prohibits any party from displaying the content on this website in any format where third party advertising or other content that TGS did not authorize is viewed or viewable together with TGS’s proprietary content.
8. Content Integrity : You shall not introduce into this website any code, content or other material which contains any virus, trojan horse, worm, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
9. Privacy : TGS shall access and use your information in accordance with our Privacy Statement.
10. Indemnity : You agree to indemnify and hold TGS and its respective directors, officers, employees, agents, affiliates, subsidiaries, contractors, suppliers, successors and assigns, harmless from and against all damages, losses and causes of action (including reasonable attorneys’ fees and court costs) incurred as a result of your use of this website or breach of this Agreement. You agree to cooperate as reasonably requested in the defense or settlement of any claim. TGS reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
11. Exclusion of Damages : NEITHER TGS, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, SUPLIERS, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE THAT RESULTS FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS, EVEN IF TGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Damages : IN NO EVENT SHALL TGS’S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN TORT, STRICT LIABILITY OR OTHERWISE, EXCEED $500.
13. Right to Enforce : The provisions of these Terms apply for the benefit of TGS and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Jurisdiction : This website is for use in the United States only and you may not use or export or re-export materials at this website or any copy or adaptation of this website in violation of any applicable laws and/or regulations including, without limit, U.S. export laws.
15. User Comments : If you choose to submit comments and/or suggestions regarding this website to TGS, all comments, ideas, notes, messages, suggestions or any other form or type of communication shall be the exclusive property of TGS. Accordingly, TGS may use all such communications in any manner, including reproducing, disclosing and publicizing all such communications, all without any compensation or obligation to you. In addition, TGS reserves the right to remove all comments, ideas, notes, messages, suggestions or any other form or type of communication from the website that TGS, in its sole discretion, finds offensive or inappropriate.
16. Termination : TGS may, at any time and with or without prior notice, immediately terminate or otherwise deny you access to the TGS website and any other TGS services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these General Terms and Conditions or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the website or any other TGS product. Termination of your TGS account includes: (a) removal of access to all pages within the website; (b) deletion of your password and all related information, files and materials, including user submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the website. Further, you agree that all terminations for cause shall be made in TGS’s sole discretion and that TGS shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the website.
17. Other : These terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, 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 shall be filed only in the state or federal courts located in Fulton County in the State of Georgia, United States, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except by TGS with acknowledgement and agreement by you through your use of the website after such modification.
© Copyright 2016 The Gathering Spot, LLC. All Rights Reserved.
Dated: January 26, 2016