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Privacy Policy

Effective Date: December 5, 2021

In this Privacy Policy (“Policy”), we describe how Product Placement Software Inc. d/b/a Gathr (“Gathr,” “we,” “us,” or “our”) collects, uses, and discloses personal information that we obtain about visitors to our website, www.hellogathr.com (the “Site”) and the services available through our Site (collectively, the “Services”). Gathr is a consumer insights platform designed to enable participating businesses, companies, and organizations who work with us (collectively, our “Brands”) to reach and engage with individuals participating in our sampling programs.   

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. The Gathr Terms of Service are incorporated by reference into this Policy.

The Personal Information We Collect About You

We collect personal information about you directly from you and automatically through your use of our Site or Services. Additionally, as described in greater detail in the “How We Share Your Personal Information” section below, we collect personal information on behalf of our Brands.

Information We Collect Directly From You

The personal information we collect from you depends on how you use our Site or Services and whether you are a participating Brand or an individual.

  • Creating an Account. In order to use our Services and to facilitate the sending and receiving of samples, gift cards, online coupon codes, rewards, and applicable products and/or services provided by our Brands, you must create an account through our Site, or sign-up using Facebook or Google credentials as described in greater detail below. When you create an account, we collect:
    • Identifiers, such as your name, email, phone number and address which may be inferred from Google Maps API.
    • Characteristics, such as your gender and birth year.
    • Account Information, such as your password and any other data we may reasonably request to verify or manage your account.
    • Education and Employment Information, such as your occupation and industry you work in, your personal and estimated household income, and whether you are a student and if so, where you attend school and your college graduation year.
    • Inferences and Preferences, such as the types of products you are interested in receiving and your behavior towards coupon usage, hair type/color, skin type/tone, what types of foods you like (or don’t like) and whether you have pets and/or kids.
    • Social Media Information, such as your social media username on platforms such as Facebook, Instagram, TikTok, Twitter, or Snapchat, if you chose to provide such information.
  • Using our Services. When you use our Services, such as when you participate in an engagement activity, watch a video, complete a survey or questionnaire, or claim an offer in exchange for rewards (e.g., free products, coupon codes, gift cards, or sweepstakes entries, which are subject to each Brand’s privacy policy and terms of use), we collect information such as your name, address, email, and phone number. Additionally, we collect information related to your inferences and preferences, such as responses to surveys and questionnaires.
  • Referring a Friend. We offer a referral program where you can send a code to friends, which your friends can use to sign up directly with us..
  • Providing Information to Brands. When you sign up to receive information or additional rewards from a Brand, we collect your personal information on behalf of the Brand and provide it to them. Please note that the Brand’s privacy policy and terms of service will apply.
  • Communicating with Us. If you contact us, we collect and retain records of your correspondence, including your email and other contact information.
  • Providing Review and Testimonials. As described in greater detail in the “User Generated Content” section below, if you provide a product review, we may post that content on our Site. If you provide us with a testimonial about your use of our Services, we may post that content on our Site, along with other information such as your name, email, and content of your post.
  • Participating Brands. If you are a participating Brand, we collect the Brand’s name and address, the contact information of the Brand’s representatives, logo, and links from the Brand’s social media accounts for possible promotion. We also collect purchase information regarding the payments that are charged through credit card processing for the participating Brand. We do not collect credit cards directly, but use third party processors.

Information We Collect From Social Networking Accounts.

If you chose to log in to our Services through your social networking accounts, such as Facebook or Google, we collect information as follows:

  • Facebook. If you log into our Services using Facebook, you must enter your Facebook login information, and Facebook will share your name and email with us.
  • Google. If you log into our Services using Google, you must enter your Google login information, and Google will share your name and email with us.

Information We Collect Automatically.

We automatically collect information about your use of our Site and Services through cookies and automatic collection technologies, including third-party analytics. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information. We collect the following information automatically when you visit the Site or use our Services: IP address; operating system; device type and model; country and language information; browser type; domain name; web pages you view, activities and links you click on the Site; the date, time, and length of time you use the Service; and referring URL.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

  • Providing our Services. To provide our Services and process and fulfill your orders. To communicate with you about your use of our Service, to respond to your inquiries, and for other customer service purposes.
  • Customization. To tailor the content and information that we may send or display to you, and personalized help and instructions, and to otherwise personalize your experiences while using the Services.
  • Marketing and News. To send you email marketing about our and our affiliates products and services, as well as news and newsletters; to send you email marketing about products and services of other entities, such as the Brands we work with, that we think may be of interest to you; to assist us in advertising on other websites, mobile apps, and other online services; and to evaluate the success of our advertising campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
  • Analytics. To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Site and Services are most (or least) used by users, and we will use this information to improve our Site and Services.
  • Surveys & Questionnaires. To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
  • Legal Compliance. To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • Protecting Rights and Interests. Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Policy.
  • Other. To create an accurate audience which we provide to Brands and for other purposes we may notify you about or to which you consent.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf such as IT and hosting services, customer service, shipping services, and questionnaire or survey administration.
  • Brands. We disclose the personal information we collect from you to our Brands for the purposes described above, including for the Brand’s own use which may include administering additional rewards, surveys or questionnaires, or for other purposes subject to each Brand’s privacy policy and terms of use. You should review each Brand’s privacy policy and terms of use to understand how they treat your personal information, what rights you may have, and who to contact for questions.
  • Public/Other Gathr Users. Your name and any information that you post to our Site, including, without limitation, product reviews and testimonials, will be available to, and searchable by, all users that have an account with us and are logged in to the Site. For more information, see “User Generated Content” below.
  • Advertising & Analytics Providers. As described above in “Information We Collect Automatically” and in the sections below, ad networks and analytics providers automatically collect information regarding your device and use of the Site and Service. We also disclose certain information to our analytics providers who assist us in determining which features of our Service are most (and least) useful, how our Service are used, and for other similar purposes, such as to improve our Service and as described below.

We also disclose personal information in the following circumstances:

  • Business Transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain personal information with lenders, auditors, and third party advisors, including attorneys and consultants.
  • Legal Obligations. We disclose your information to act in accordance with legal authorizations, as part of our general business operations, and for other business administration purposes, including to comply with our legal and regulatory requirements, authenticate your identity, maintain customer records, monitor your compliance with your agreements with us, collect debts owed to us, safeguard our business interests, and manage or transfer our assets or liabilities, for example in the case of an acquisition, disposition or ‎‎merger, as described above.
  • In Response to Legal Process. We disclose your information to comply with the law, judicial proceedings, court orders, or other legal processes, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Policy, our Terms of Service , or as evidence in litigation in which we are involved.
  • Aggregate and De-Identified Information. We share aggregated or de-identified information about users with other entities, including Brands, for marketing, advertising, research or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you.

Cookies. Cookies are alphanumeric identifiers that we transfer to your device through your web browser. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and while using our Service. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site and Services.
  • Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity, for example.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The “Help” portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies. Visitors to our Site and Services, who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site such as Google Analytics. We use these tools to help us improve our Site’s performance and user experiences. These third parties may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the “Ad Networks” section.

Ad Networks

We use other entities such as network advertisers, advertisers, sponsors, and/or measurement service providers (“Advertisers”) to serve advertisements on our Site, and on other non-affiliated websites or other media (e.g., social networking platforms). This enables us and these entities to target advertisements to you for products and services in which you might be interested. Advertisers may use cookies, JavaScript, web beacons (including clear GIFs), and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each Advertiser’s specific privacy policy, not this one. We may provide these Advertisers with information, including personal information, about you to better assist in providing relevant advertisements to you.

Users in the United States may opt out of many advertisements. For example, you may go to Digital Advertising Alliance (“DAA”) at www.aboutads.info/choices/ for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies.

Opting out from one or more DAA companies will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site, Services, or on other websites or online media. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info.

User Generated Content

We invite you to post content, including your comments, product reviews, testimonials, and any other information, on our Site and Services. When you post content, we display your name, the contents of your post and the date posted. The information we display is available to Brands and other users, and your post may become public, and Gathr cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Links

Our Site and Services may contain links to other websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those websites. We are not responsible for the information practices of such websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that no one knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords or for any unauthorized activity on your account.

Access To My Personal Information

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

What Choices Do I Have Regarding Use of My Personal Information?

In accordance with applicable law, we may send periodic promotional emails to you. You may opt-out of marketing emails by following the opt-out instructions contained in the email. If you opt-out of receiving marketing emails, we may still send you non-marketing emails about your account or any Services you have requested or received from us, or to respond to your inquiries. To exercise your choices regarding interest-based advertising, please “Ad Networks” section above.

Text Messages

We may send text messages you have consented to receive. You can cancel text messages at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code, but you may receive text messages if you are subscribed to other text lists. If at any time you have questions about the text messages, text “HELP”. After you send “HELP” we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply. Message frequency varies.

Children

Our Site and Services are not designed for or directed to children. If we discover that a child has provided us with personal information, we will delete such information from our systems in accordance with applicable law.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site.

Information About Our Brands

 You may have opportunities to redeem rewards or offers for products or services at participating Brands. Although the participating Brands’ offer is made available to you through our Service, Gathr is not responsible for the terms or fulfillment of the offer, and Gathr is not responsible for the participating Brands’ products or services or use of your personal information. In order for you to participate, we use personal information to identify you as a Gathr user and to provide you with relevant messaging, rewards, discounts and deals from the Brands. The Brands’ program may take into account inferences and preferences, responses to surveys or questionnaires, interactions, or interests based on the Brands’ terms of use and privacy policy, which we strongly encourage you to review.

Contact Us

If you have questions about our privacy practices or would like to make a complaint, please contact us via email at contact@hellogathr.com

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Terms of Use

Last Updated:  December 5, 2021

These Terms of Service (the “Terms”) are a legal contract between Product Placement Software Inc. d/b/a Gathr and its affiliates, (collectively, “Company”, “we” or “us”) and “you” (“your,” or “User”).  The Terms explain how you are permitted to use the services provided by and through our platform, website(s) (including https://hellogathr.com/, https://gathrnow.com/ and https://gathru.com/), our associated internet properties (either linked by Company and/or by affiliated companies) and any software that Company provides to you for download, including in your mobile devices (our “Mobile App(s)”) (all of these virtual properties and mobile applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, analytics, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through the Site.  Collectively, the Site, the Materials, and the services provided by the Company are referred herein to as the Service”

USING THE SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. THESE TERMS APPLY TO ALL VISITORS AND USERS WHO ACCESS THIS SERVICE.

Note:  These Terms contain a dispute resolution and arbitration provisionsection 16 below>, including a class action waiversection 16(e) below> that affects your rights. This section applies to the extent applicable in your jurisdiction.

  1. YOUR ACCEPTANCE AND CONTRACTUAL RELATIONSHIP.

By using the Service, you represent that you are at least 18 years of age, or that you are of age under the laws of your jurisdiction, and lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Service at any time or in any manner or submit any information to the Company or the Service. 

If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization.  If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.

Your access to and use of the Service is subject to your continued compliance with these Terms and all applicable laws. Your right to access and use the Service will terminate immediately, without any further action by Company, if you breach these Terms.

  1. PRIVACY.

Please review our privacy policy (the “Privacy Policy”) which explains how we use any personal information that you submit to Company.  The Privacy Policy is hereby incorporated by reference.

  1. THE SERVICE AND LICENSE TO USE IT.

The Service enables you, as a Registered User (defined in section 4), to send or receive products and/or samples, gift cards, coupons, or online coupon codes from, and applicable to products and/or services provided by our business partners, merchants and/or brands (“Brand Partners”). For as long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all users of the Service, including Visitors and Registered Users. The Service is licensed, not sold, to you.

(a) Grant of a Limited License to Use the Service.  The Service is protected by copyright laws throughout the world.  Subject to your agreement, and continuing compliance with these Terms, Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Service solely for your own individual, non-commercial purposes. You agree not to use the Service for any other purpose. 

(b) Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted in writing by the Company; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service except as expressly permitted by Company; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.

(c)  All rights not expressly granted to you in these Terms are reserved and retained by Company and/or its licensors. The licenses granted by Company terminate if you do not comply with these Terms and/or any other Service terms and conditions.  By using the Service, you represent that you are not a person barred from using the Service under the laws, rules and regulations of the United States of America, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Service unless expressly set forth in these Terms.

  1. REGISTRATION AND ACCOUNTS.

(a) Visitors and Guests.  Visitors and guests may browse the Site in accordance with these Terms but will not have full access to the Service without first becoming Registered Users.

(b) Registered Users. In order to access certain features of the Service you may be required to become a Registered User. A “Registered User” is a user who has registered an account with us (your “Account”).

(c) Registration Data and Your Account.  In registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are responsible for all activities that occur under your Account.  You may not share your Account or password with anyone, and you agree to (A) notify Company immediately of any unauthorized use of your password or any other breach of security at contact@hellogathr.com and (B) exit from your Account at the end of each session, on any device on which session was initiated. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. Company will not be liable for any losses caused by any unauthorized use of your Account. 

If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).  You agree not to create an Account using a false identity or information. You agree that you shall not have more than one Account for personal use at any given time.  Company shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Company considers insecure or inappropriate, Company will be entitled to require this to be changed and/or terminate your Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to register for an Account on behalf of an individual other than Yourself or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so.   You agree not to create an Account or use the Service if you have been previously removed by Company, or if you have been previously banned from any of the Company properties.

(d) Third-Party Accounts.  When you sign up for or use our Service, you may give us permission to access your information in other services. For example, you may link your social networking service accounts (such as Facebook, Google, etc) that connect to our Service (each such account, a “Third-Party Account”), which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. ANYTHING THAT HAPPENS IN YOUR THIRD-PARTY ACCOUNT IS BETWEEN THAT PROVIDER AND YOU.

  1. OUR BRAND PARTNERS.

Company does not have any control over our Brand Partners, and is not and cannot be responsible for their products, services, content, operation or use, with regard to any Company content or any other content. Company does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information, products, or services provided by Brand Partners.

Brand Partners may have their own terms of use and/or privacy policies, and may have different practices and requirements to those operated by Company. You are solely responsible for reviewing any terms of use, privacy policy or other terms provided by our Brand Partners.

COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF BRAND PARTNERS’ PRODUCTS AND SERVICES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST COMPANY WITH RESPECT TO THE CONTENT OR OPERATION OF ANY BRAND PARTNER PRODUCT OR SERVICE.

You acknowledge that is entirely the responsibility of, and at the discretion of Brand Partners, and not Company, to: (i) provide products or samples, gift cards, and online coupon codes; and (ii) determine and honor the value and validity of any products, samples, gift cards, and online coupon codes.

You acknowledge that you shall not attempt to reproduce, sell, or otherwise transfer Brand Partner samples, gift cards, or online coupon codes in any manner not authorized by both the Brand Partners and Company in writing.

If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

  1. PURCHASES.

As a Registered User, we offer the Service at no cost to you.  If applicable, you agree to pay all fees or charges to your Account based on Company’s fees, charges, and billing terms in effect for payable offerings as may be shown on the Site.  If you do not pay on time or if Company cannot charge your credit card, PayPal or other payment method for any reason, Company reserves the right to either suspend or terminate your access to the Service and Account and terminate these Terms.  You are expressly agreeing that Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Service and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Service, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your Account at any time, you will not receive any refund.  If you have a balance due on any Account, you agree that Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

  1. UNAUTHORIZED ACTIVITIES.

When using the Service, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Service.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Service.
  • Post anything clearly false or misleading.
  • Post anything unrelated to our business, products or services.
  • Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive.  Company reserves the right to with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Service or to any other user of the Service.  Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.

You agree to indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Service violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

  1. PROPRIETARY RIGHTS.

“GATHR” is a trademark of Company in the United States of America.  Other trademarks, names and logos on the Service are the property of their respective owners, including our Brand Partners.

Unless otherwise specified in these Terms, all information and screens appearing on the Service, including without limitation all Materials, documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright © 2021 Product Placement Software Inc. dba Gathr.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Any use of the Service that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other intellectual property laws. Company exercises reasonable efforts to ensure that the Materials are accurate and complete, however Your use of the Service is at your own risk.

  1. FEEDBACK.

Any comments, questions, suggestions, materials, opinions, or reviews regarding the Service or the Brand Partners from You (collectively, “Feedback”) through any communication whatsoever (e.g., call, email, survey, online) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, opinion, review, testimony, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant us and our Brand Partners an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we (and our Brand Partners) may determine in our sole discretion.  Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such opinions, reviews, testimonies, ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

  1. INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing any content that violates intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Service in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Service, please provide written notice to Our Agent for notice of claims of infringement at email contact@hellogathr.com, Attn: DMCA Agent.

To be sure the matter is handled immediately, Your written notice must:

  • Contain Your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
  • Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
  • Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

If the content removed belongs to you, We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  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. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Service who is the subject of repeated DMCA or other infringement notifications. 

  1. TERM AND TERMINATION.

The Terms commence on the date when you start using the Service and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms. If you want to terminate the Service, you may do so by (a) notifying Company at any time; (b) closing your Account; and/or (c) if you are Visitor, stop visiting the Site.  We reserve the right to terminate or suspend your Account or access to the Service at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated with it. Termination of the Service includes (i) automatic termination of all licenses and you must immediately destroy any downloaded or printed materials (including software); and (ii) deletion of your password and related information, files and content associated with or inside your Account (or any part thereof), except to the extent of any surviving licenses or applicable record retention requirements.  Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Feedback or your Registration Data.  All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, limitation of liability and indemnity obligations. 

You may close your Account by using the feature provided in the Service or, in the alternative, by emailing us at contact@hellogathr.com. We will proceed to close your Account and send you an email confirmation.

  1. LINKS TO THIRD-PARTY SITES.

The Service may be linked to other websites that are not Company properties, such as those of our Brand Partners (collectively, “Third-Party Sites”).  You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides.  You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites.  Company does not verify, make any representations or take responsibility for any Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.  Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Company’s endorsement or recommendation. 

  1. DISCLAIMER OF WARRANTIES.

THE SERVICE AND ALL MATERIALS AND PRODUCTS PROVIDED BY COMPANY OR OUR BRAND PARTNERS ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD-PARTY OR BRAND PARTNER THROUGH THE SERVICE OR OTHER SITE, EVEN IF IT CAN BE REACHED FROM A LINK ON A COMPANY RELATED SITE OR APPLICATION OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON SUCH SITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD-PARTY (INCLUDING OUR BRAND PARTNERS), REGARDLESS OF WHETHER THAT PARTY IS ANOTHER USER. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT OR INFORMATION OR ANYTHING ELSE EXCHANGED BY MEANS OR VIRTUE OF THE SERVICE.

  1. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO YOUR COMPUTER, DEVICES OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SERVICE, OR (VI) YOUR INTERACTIONS WITH BRAND PARTNERS AND YOUR USE OR COMSUMPTION OF THEIR PRODUCTS AND SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

  1. INDEMNIFICATION.

You shall indemnify and hold Company and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable legal fees and related expenses), incurred in connection with or caused by any Feedback, Registration Data, user content or materials submitted, posted, transmitted or made available by you through the Service and any violation by you of these Terms. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in connection therewith.

  1. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read this carefully.  It affects your rights.

(a) Applicable Law.  These Terms will be subject to and construed in accordance with the laws of the State of New York, United States of America, excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against Company must be resolved exclusively by a state or federal court located in the State of New York, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in New York, NY for the purpose of litigating all such claims or disputes.

(b) Dispute Resolution.  Before either party may seek arbitration as provided below, 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. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding as provided below.

(c) Arbitration.  You agree that Company may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event Company elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the American Arbitration Association or another established alternative dispute resolution provider (collectively, “ADR”) chosen by Company. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be in any of the Boroughs of New York at the discretion of Company, and (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.

(d) Waiver of Jury Trial.  YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.  EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

  1. ELECTRONIC COMMUNICATIONS.

The communications between you and Company use electronic means, whether you visit the Site, send Company e-mails, or use the Service or whether Company posts notices on the Site or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company 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.  Where Company requires that you provide an e-mail address; you are responsible for providing Company with your most current e-mail address.  In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. We are not responsible for any automatic filtering you or your network or e-mail provider may apply to communications we send to an e-mail address that you provide to us.

  1. CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Vertex Technologies.  If you have a question or complaint regarding the Service, please contact Company’s Customer Service at contact@hellogathr.com; Attention: Customer Service.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

  1. MODIFICATIONS AND ADDITIONAL TERMS.

(a) Changes to these Terms. Company can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Service.  We will ask for your express consent to the updated Terms when and where we are legally required to do so.  If you do not agree with any of the updated Terms, you must stop using the Service. Continued use of the Service following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Unless otherwise required by law, the updated Terms are effective as of the day of posting.

(b) Changes to the Service. Company may make changes to the Service at any time, without notice to you. If you object to any changes to the Service, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to you. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.

(c) Additional Terms. In addition, certain features of the Service may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.

  1. GENERAL.

These Terms together with our Privacy Policy, and any Additional Terms that we may make available from time to time through our internet properties, constitute the entire agreement between you and Company regarding your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you. Any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.

  1. CONTACT US.

If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at contact@hellogathr.com.

© 2021 Product Placement Software Inc dba Gathr. All rights reserved.

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