GageIn.com Terms of Service
(Last Updated: November 19, 2009)
The following terms and conditions ("Terms of Service"), along with any other agreements or rules posted on our Web site (the "Site") http://www.GageIn.com, or otherwise provided to you by GageIn shall govern your use of the Site and the services ("Services") offered at the Site. These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with GageIn, or its subsidiaries or affiliates, for products, services or otherwise.
By accessing or using the Services or Site, or by clicking Register during the registration process, you are agreeing to the following terms and conditions with GageIn, Inc. 5339 Prospect Rd. #313, San Jose, CA 95129-5033, USA ("we") based on the terms of this GageIn User Agreement ("Agreement") and become a GageIn user ("User").
A.MODIFICATIONS TO THIS AGREEMENT.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. You agree that such modifications shall become effective immediately upon the posting thereof, and you hereby waive any right you may have to receive specific notice of such changes or modifications. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will confirm your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us at: info@GageIn.com.
B.SERVICE ELIGIBILITY.
You represent and warrant that you (a) are 18 years of age or older and have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions;
(b) are not a direct competitor of GageIn; and (c) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
C. YOUR REGISTRATION OBLIGATIONS.
To obtain and use the GageIn Services, you will be required to register with GageIn by completing a registration form and designating a user ID and password. When registering with GageIn you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality and security of the user ID and password and agree not to share your user ID and password with third parties, other than minor children who are authorized to use your account. You are fully and solely responsible for all activities that occur under your user ID or password. You agree to immediately notify GageIn of any unauthorized use of your user ID or password or any other breach of security. GageIn cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
D.CONSENT TO ELECTRONIC COMMUNICATIONS.
By registering with GageIn, you understand and agree that we may send you email or other communications or data from GageIn regarding GageIn, the Site and the Services (and any other communications that we may disclose in these Terms of Service, in our Privacy Policy or elsewhere on the Site), including but not limited to (i) notices about the Site or our Services or your use thereof, including any notices concerning changes to our terms and policies and violations of use, (ii) updates, and (iii) promotional information and materials regarding GageIn and its products, services, and contests, via electronic mail or other means. Please see our Privacy Policy for more information on the types of communications we may send you and the opportunities we provide to opt-out of receiving such communications.
We allow you to access GageIn as it is available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue GageIn, partially or entirely, or to charge and modify prices for GageIn. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GageIn and all related items.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of GageIn, the GageIn Affiliates, its Users and the public.
E.LIMITED LICENSE TO USE SITE.
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the GageIn logo, and all articles, stories, text, designs, graphics, pictures, photographs, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of GageIn or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license (the "License") to access and use the Site and (except where prohibited without a license) print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Any other use of the Site Materials, including any publication or dissemination of any Site Materials, requires an express license from GageIn. The License granted herein is subject to these Site Terms of Service and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any content listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of GageIn, is strictly prohibited and will terminate the License granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
F. USER CONTENT
The Site and Services permit the submission, posting and transmission of news, news links, data, information, or other items or content on the Site ("User Content"). You are solely responsible for the User Content you post, and you agree not to submit, post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, profane, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private personal information of any third party, including, without limitation, personal addresses, personal phone numbers, personal email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. User Content that contains undesirable images of, content regarding, or links or references to tobacco and alcohol products, illegal drugs, excessive violence or prejudicial or discriminatory content; and
9. User Content that, in the sole judgment of GageIn, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or the Services, or which may expose GageIn or its users to any harm or liability of any type.
Any use of the Site in violation of the foregoing rules (the "User Content Rules") violates these Site Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site and the Services. You remain solely liable for all User Content you submit or post on the Site or through the Service. GageIn takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is GageIn liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your access and use of User Content and posting of submissions is at your own risk. As a provider of interactive services, GageIn is not liable for any statements, representations or User Content provided by its users on the Site. Although GageIn does not routinely review User Content and has no obligation to review, screen, edit or monitor any of the User Content posted on the Site, GageIn reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. GageIn reserves the right, in its sole discretion, to determine whether and what action to take in response to particular User Content, and any action or inaction in a particular instance shall not dictate or limit GageIn's response with respect to other User Content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to submit and post such User Content to the Site and grant the licenses granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms of Service and will not violate any rights of or cause injury to any person or entity.
When you submit any User Content to us, such as News, you grant GageIn and its affiliates a worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any form or media. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform GageIn in the event that any such information has changed since your registration with GageIn and, if appropriate, you agree to make such modifications yourself to your profile.
GageIn exercises no control over any content you or others submit while using GageIn. GageIn has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through GageIn our "Privacy Policy" and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform GageIn.
Prior to joining GageIn, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself and your business to the large community of GageIn Users and to GageIn and you must not communicate to GageIn and its Users any information the dissemination of which could be harmful to you.
G.USER CONDUCT.
In using the Site or the Services, you agree to comply with the following rules of conduct (the "Conduct Rules")
1. You may not use the Services in any way that violates applicable federal, state, or international law, or for any malicious or unlawful purpose.
2. You may not post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Site, computer systems and network, or the Services or that imposes an unreasonable or disproportionately large load on our infrastructure.
3. You may not attempt to interfere with any other person's use of the Services.
4. You may not misrepresent your identity, impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity.
5. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
6. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
7. You may not use any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission or violates\ the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Site.
9. You may not forge or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site.
10. You may not use the Site to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
11. You may not post or share any personally identifiable or private information of any third party or collect or store personally identifiable or private information of any third party without authorization.
All judgments concerning the applicability or violation of these Conduct Rules shall be at the sole and exclusive discretion of GageIn. Any use of the Site in violation of the foregoing rules (the "User Content Rules") violates these Site Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site and the Services. GageIn reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit GageIn's response to a future complaint. You acknowledge and agree that GageIn shall not assume or have any liability for any user conduct or for any action or inaction by GageIn with respect to any user conduct. Users shall remain solely responsible for their conduct.
GageIn may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services. You are solely responsible for your interactions with other members. GageIn reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if GageIn determines, in its sole discretion, that doing so is prudent.
H.INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
You agree that GageIn or its licensors retain all ownership of and proprietary rights, title and interest, including copyright and all other intellectual property rights, in and to the Site, the Site Materials and the Service.
GageIn, the GageIn logo and any other product or service names or slogans of GageIn contained in the Site include without limitation, either trademarks, service marks or registered trademarks of GageIn, and may not be copied, imitated, or used, in whole or in part, without GageIn's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. You may not use any metatags or any other "hidden text" utilizing "GageIn" or any other name, trademark or product or service name of GageIn without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GageIn and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
GageIn may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. All rights not expressly granted herein are reserved.
I.REPEAT INFRINGER POLICY; NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, GageIn has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers. GageIn may also, at its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes the copyright in your work please provide notice in accordance with the DMCA to GageIn's Agent for Notice of Claimed Infringement as set forth below ("Agent").
GageIn's Agent can be reached at:
Name of Agent Designated to Receive Notification of Claimed Infringement: GageIn Legal Department
Full Address of Designated Agent to Which Notification Should be Sent: 5339 Prospect Rd. #313, San Jose, CA 95129-5033
Telephone Number of Designated Agent: N/A
Facsimile Number of Designated Agent: N/A
E-Mail Address of Designated Agent: legal@GageIn.com
J.PRIVACY.
Please refer to our Privacy Policy for information regarding how your personal information is collected and used on the Site.
K.GAGEIN MAKES NO WARRANTIES.
GageIn intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, GageIn may make changes and improvements to the information provided herein at any time. GAGEIN PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAGEIN, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "GAGEIN PARTY," AND COLLECTIVELY, THE "GAGEIN PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE GAGEIN PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
GAGEIN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY GAGEIN.
L.LIMITATIONS OF LIABILITY.
IN NO EVENT WILL ANY GAGEIN PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE, THE SITE MATERIALS, OR THE SERVICES, EVEN IF SUCH GAGEIN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY GAGEIN PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, GageIn is found responsible to any GageIn User for any reason whatsoever, GageIn's responsibility shall be limited to the transaction fees assessed for such user's transactions for GageIn's Services, and shall not include punitive damages or consequential or resulting damages of any nature.
M.CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE OR DISCONTINUE THE SITE AND THE SERVICES OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS L AND M, THE GAGEIN PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS L AND M, GAGEIN IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE, THE SITE MATERIALS AND THE SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY REVIEWS, COMMENTS OR RATINGS OR THE CONTENT, RESULTS, FAIRNESS, ACCURACY OR EFFECT OF SUCH REVIEWS, COMMENTS OR RATINGS; OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SITE MATERIALS, SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES ON THE SITE OR THROUGH LINKS ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
N.INDEMNIFICATION.
You agree to indemnify, defend and hold harmless, GageIn, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of, resulting from or relating to any submission or other User Content you post, your use of the Site, your conduct on the Site in violation of these Terms of Service. GageIn reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with GageIn in asserting any available defenses.
O.TERMINATION OF SERVICE.
GageIn reserves the right to terminate without notice your password, account or use of the Site and the Services, to delete any data stored on the Site or in connection with the Services, and to block or prevent future access to the Site and the Services, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to GageIn at any time. Upon termination, ANY DATA YOU HAVE STORED ON GAGEIN'S SYSTEMS MAY NOT BE RETRIEVED, and GageIn shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. It is your sole responsibility to retain copies of any materials you post to the Site or through the Services.
P.CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with GageIn or relating in any way to your use of the Services resides in the courts of California, with venue in San Francisco County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving GageIn or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Q.NOTICES TO GAGEIN.
You may notify us by e-mail at info@GageIn.com, or contact us by mail at:
GageIn, Inc.
1901 Nobili Ave,Suite 100
San Clara, CA 95051
R.OTHER TERMS.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
S.MISCELLANEOUS.
GageIn may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SITE, THE SITE MATERIALS OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of GageIn to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
