All users of this website are required to carefully read and understand the following Terms of Service (“Terms”) must be read carefully before using GatedList.com (the “Site”). We reserve the right to amend these Terms at any time as and when we deem it necessary. These changes will take immediate effect at the time of publishing, effective from the specified date.
The Terms outlined in this document govern your use of GatedList.com and as such it is considered a legally enforceable contract between the Site and you (the “User” or “Buyer”). By using the Site you agree that you have read and understand these Terms.
An account needs to be created for the use of certain services on this Site and all required information for the creation of your account must be accurate, current, complete and true. Activity on your account is entirely you responsibility. It is therefore imperative that your login information, including any username and/or password, is kept secure at all times.
A product lead subscription makes you eligible to receive new product leads on the specific time basis, in this instance daily. These product leads are from third party providers (each of whom is a “Seller”). When you accept an Offer, the transaction is between you, the User or Buyer, and the provider, the Seller.
GatedList.com does not have an affiliate relationship with any Seller. We are not compensated for any purchase by the Seller(s). We are not liable/responsible for any part of the transaction between you the Buyer, and the Seller(s). We also not responsible for fulfilling the Seller’s obligations with regards to Offers. Similarly we are not a partner or affiliated Amazon.com.
The User takes full responsibility for understanding the nature, quantity and price of the product being purchased prior to making payment and completing the transaction. This responsibility extends to fully understanding the terms and conditions of Offers according to the Seller’s policy and not ours, such as transaction cancellation and refund policies and other instructions of the Seller. All questions relating to the product and transaction must be directed to the Seller of the Offer.
GatedList.com encourages User feedback relating to improved user experience and offerings in the form of comments, ideas or feedback. By contacting us with such content you agree that we can use your input without restriction. Furthermore you agree that our use of your input is without any attribution, accounting or consumption.
As a user you agree to comply with the following terms which fall under your obligations in addition to the other responsibilities outlined above:
* You must be at least 18 years or of age for a contract to be considered legally binding in order to use this Site, which includes opening an account. As such, this Site and its services cannot be used by any person under the age of 13.
* You are only allowed to open one account, unless express written permission has been granted by a GatedList.com administrator to open and/or use more than one account. Failure to comply by opening more than one account without permission will lead to all of your accounts being closed and you will be banned from using this Site and our services in the future.
* You will abide by any and all laws applicable to this transaction and will not violate the rights of any third party.
* You will not transfer your account with this Site to any other person or other legal entity without our prior written consent.
* You cannot open another account under a new name should your account be terminated for whatever reason, unless you have permission from the administrator.
* You will not use this Site for any purpose other than intended. This includes using the Site for the purpose of collecting information from or on other users, sending spam or distributing bulk emails that are unsolicited.
* You will ensure that all information you have provided is accurate and current at all times.
Content and Proprietary Right
You are not allowed to copy, modify, reuse, share or distribute any content that is published on the Site for any reason without first being granted express written permission. This extends to product leads that originate from the Site, be it on the website or app, received via email or through any direct or indirect channels. Use of our content in this regards is therefore strictly forbidden be it for private or commercial purposes unless express written permission is sought from the Site administrator.
You are further not allowed to access or even attempt to access any of the Services offered on the Site by the use of any automated agents including the use of scripts and web crawlers. You agree to ensure that you comply with all of the instructions and/or restrictions as detailed in the robots.txt file that is present on the website.
The domain owner or its licensors are the sole owners of all software, designs, graphics and other content, as well as any other intellectual property or proprietary rights including copyrights and trademarks that are present on the Site or used in associated with the Site.
Unless otherwise stated in the these Terms, you hereby agree not to copy, modify, use or create any similar works of any materials on the Site or used in association with the Site, unless the owner of these materials grants express written permission. Therefore all rights that have not been granted or approved under these Terms are wholly reserved by us.
Suspension and Termination
We reserve the right to suspend or terminate your account for any reason or for no reason. As such we are not obliged to justify our action to you as the account holder. However, the possible reasons for the suspension or termination of an account is due to violation of the Terms in any manner that causes liability to the users of the site, or if the account is not being used.
The contact information you have provided may be used by us to contact you as we see fit, and this includes by email or social media. The need to contact you would be related to you your use of the Site or to provide announcements relevant to account holders of the Site. We also reserve the right to send you promotional offers and other marketing information as and when we see fit unless you opt out of marketing emails. Please send a request to opt out of these marketing emails to email@example.com or you can opt out by clicking on the unsubscribe link at the bottom of such emails.
We do our utmost to ensure that we comply with any and all applicable regulations and laws relating to electronic communication such as sending emails, and this includes the CAN-SPAM act.
By using the Site you agree to indemnify and not hold liable the following parties including Gatedlist.com, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against any and all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Site and our services and your User Content.
You understand that we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. In this regard you agree to cooperate with our defense of such claim.
GatedList.com is an independent entity and not party to the transactions between any user, Seller or Amazon.com. The products or services associated with Offers are not under our control and this includes the availability of such goods or the Seller’s right to sell them. As such we cannot and do not guarantee the accuracy or legitimacy of any of the Offers.
The Site and all its services are “as is” and “as available” and there are no warranties, whether express, implied or statutory. We hereby disclaim any implied warranties related to the title, merchantability, performance, fitness for a particular purpose and non-infringement. The parties designated as the Covered Entities will also not be held liable for potential revenues or other benefits that may be derived from using the Site and its services.
We will not be held responsible or assume responsibility for links to third-party properties and services including other websites, apps or similar online properties that are not owned nor under the control of GatedList.com. Similarly our linking to these properties should not be construed as an endorsement. By accessing a third party website or app you do so at your own risk and you will understand that by doing so you cannot hold GatedList.com liable for any issues arising to the use of these third party properties.
Since some jurisdictions will not allow certain exclusions or disclaimers of warranties, some or all of these exclusions or disclaimers may therefore not be applicable to you as the User.
LIMITATION OF LIABILITY
* We reserve the right to recover all costs that are entitled to including any legal fees that we may have to incur in the course of enforcing these Terms.
* All communication, including notices that are required or permitted as stipulated in these Terms but excluding communication relating to legal process, will be given by email to the email address provided as part of the contact information on your account and you will contact or respond to us via email on firstname.lastname@example.org. As such these notices will be considered to be effective 24 hours after the time it was sent whereas mailed notices will be deemed effective three calendar days after the date it was dispatched via mail.
* The responsibility is on you to be informed about and to comply with all the rules, regulations and laws that are relevant to the use of the Site and services, including any changes that may be effective after opening your account.
* Your rights under these Terms cannot be assigned without our written permission. We retain our right to assign all rights and obligations to any entity or entities that agree to be bound by these Terms, as per used of this Site.
* Your use of the Site and the Terms are governed by the laws of the State of California, excluding choice of laws principles.
* The parties agree to resolve any and all disputes in the courts of King County, Washington, unless arbitration has been opted for as described below. If the total amount in dispute is less than $10,000, excluding the claims for equitable relief, then either party may choose to resolve the claim through binding arbitration which will be done by initiating this arbitration through a mutually agreed provider. Said arbitration must be conducted under the following rules: (a) the arbitration will be conducted by telephone, online, or solely on written submissions as chosen by the party seeking relief, (b) personal appearances by any party or witness will not be made unless all parties agree otherwise, (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. We may not contravene our obligation to arbitrate any claim that arose prior to a change in the Terms, but will not revoke our right to change these Terms as indicated earlier in this document.
* All claims, either in arbitration or in court, are to be brought in the individual capacity of the initiating party and not as a class member in a class action or any other similar legal proceeding and not as a plaintiff.
* The Terms in this document constitute the entire agreement between you and GatedList.com and include all policies by reference. It replaces any of our prior agreement(s) on this subject between all parties. Should any provision or clause of the Terms be deemed invalid then the said clause or provision will be eliminated, limited or revised to the minimum extent necessary for it to be valid while the other valid remaining clauses and provisions will remain in full force and effect. A waiver will only be effective if it is described in an explicit written document that is signed by GatedList.com.