Terms of Service
Effective Date: August 08, 2017
Is This a Binding Agreement?
Yes, this is a binding agreement. By clicking or checking a box indicating your acceptance of these Terms of Use, or by using the Internet site located at gesdate.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Service, as they may be amended by GESDATE LLC (“GESDATE”) from time to time in its sole discretion. GESDATE will post a notice on the Site any time these Terms of Service (“Terms”) have been changed or otherwise updated. It is your responsibility to review these Terms periodically. (A) YOU REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OR (B) IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you do not agree with all of these Terms, or you are not at least eighteen (18) and your legal guardian does not agree with all of these Terms, you must not accept these Terms and you may not access or use the Site, the Service or any content of the Site and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
What Are the Terms of Service?
The Terms of Service constitutes a contract between us. The Terms include the provisions set forth in this document and other terms or conditions that may be presented to you in the future with respect to specific future Service offerings. If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for, or otherwise use, our Service you shall be deemed to confirm your acceptance of the Terms and Privacy Policy and your agreement to be a party to this binding contract. By using the Service, you also acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of your Account Information and your Content (as defined below) in accordance with such Privacy Policy.
What are GESDATE’s Privacy Policies?
GESDATE respects your privacy and permits you to control the treatment of your personal information. A complete statement of GESDATE’s current privacy policy can be found by clicking here. GESDATE’s privacy policy is expressly incorporated into this Agreement by this reference.
To use the Service, you are required to complete the registration process by providing the complete and accurate information requested on the registration form. You will be asked to provide an email address, user name and password that we refer to this as personal information.
Will These Terms of Service Ever Change?
Changes in these Terms and the Privacy Policy are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, GESDATE will post a notice on the Site with a description of the changes. It is your responsibility to review these Terms and the Privacy Policy periodically and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service. GESDATE will also notify you of changes to the Terms by sending an email to the address you have provided to us.
If we do change these Terms or the Privacy Policy, you are free to decide whether to accept the changes or to stop using our Service (see “How is My Account Closed” below) and your continued use of the Service after the effectiveness of any change will be deemed to represent your agreement with, and consent to be bound by, the Terms or Privacy Policy as changed.
What Do I Have To Do To Use the GESDATE Service?
First, you need to create a GESDATE Service account, we refer to as a Farm. Through your Farm, you and other users you enable will have access to your farm data through our concept of FarmSync. You create an account by providing us with an acceptable username and email address and creating a password, the Account Information. We encourage you to use a distinct and non-obvious username and password combination that is different from what you use for other services.
Second, GESDATE may make certain software available. To the extent you use any software run on the Site or if you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”), you are deemed to have a worldwide, royalty-free, non-assignable and non-exclusive license to use the Software for the sole purpose of enabling you to enjoy the benefit of the Service. GESDATE does not transfer either the title or the intellectual property rights to the Software, and GESDATE retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by GESDATE or its licensors and you may not copy or use them in any manner.
What are my Rights to My Content and Does GESDATE Obtain Any Rights in My Content?
You retain copyright, trademark, intellectual property and any other rights you already held in your Content (defined below) before you submitted, posted or displayed it on the Site or through the Service. To enable GESDATE to operate the Service, we must obtain from you certain license and other rights to the Content you submit so that our processing, maintenance, storage, technical reproduction, back-up and distribution and related handling of your Content doesn’t infringe applicable copyright and other laws. This means that by using the Service, including without limitation uploading posting, displaying, performing, transmitting, or otherwise distributing information, text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “Content”) or downloading Content, you grant GESDATE its affiliates, officers, directors, employees, consultants, agents, and representatives a royalty free, irrevocable and worldwide license (for so long as your Content is stored with us), including a right for GESDATE to make such Content available to, and pass these rights along to, others with whom GESDATE has contractual relationships related to the provision of the GESDATE Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if GESDATE determines such access is necessary to comply with its legal obligations. The license includes, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Content.
You will not be compensated for any Content. By posting Content on the Site or Service, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Content. You also agree that GESDATE has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
Finally, you understand and agree that GESDATE, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
Will Anyone Else See My Content?
Except as described elsewhere in these Terms and in our Privacy Policy, unless you elect to enable others to view or have access to the Content you submit to the Service, no one else will see your Content without your consent. Of course, if you do elect to publish or share any portion of your Content by allowing another access to your Farm information, or sharing your Account Information with another person, then you would be enabling each of those permitted users of a shared Farm or recipient of the Farm or Account Information to access, use, display, perform, distribute and modify your Content (subject to any understandings or agreements you and such users may work out without GESDATE’s involvement). In addition, GESDATE may enable you to use a variety of third party services and applications that interact with the Service and your Content, and you should review the access rights you provide to those services or applications, as you may enable them to access your Content through your agreements with those parties.
What Are My Intellectual Property and Content Obligations?
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is always governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights (“Protected Content”). You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Protected Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Protected Content does not violate any laws or third-party rights rests solely with you.
In addition to your obligations with respect to intellectual property, you shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; or (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. GESDATE reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. GESDATE intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
May GESDATE Modify the Service?
GESDATE retains the right, in its sole discretion, to implement new elements as part of and/or ancillary to the Service and any Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use the free GESDATE service, you will not enjoy all of the benefits provided to subscribers of the GESDATE Standard, Premium, Premium+, or Unlimited service.
You also acknowledge that a variety of GESDATE actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that GESDATE has no responsibility or liability because of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for GESDATE Standard, Premium, Premium+, or Unlimited service or another paid GESDATE service (each a “Premium Service”) and find that any such modifications or interruption of the Premium Service adversely affects you, you may notify our Customer Support team at support@gesdate.com, explain the adverse impact the modification has created and, if you desire, request a termination of your Premium Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Premium Service subscription for a period of time equal to the interruption and/or refund a portion of your Premium Service subscription fee equal to the remaining unused term of the Premium Service subscription, as we deem appropriate.
Does GESDATE Have the Right to Engage Third Parties.
GESDATE may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Service, or perform certain functions associated with the operation of the Service, and you hereby agree that such third-party involvement is acceptable. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or contents.
Do You Have a Right to Use Third-Party Software Provided by GESDATE?
GESDATE may from time to time include as part of the Service computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders under the terms provided by such parties. While you have been granted a license to use such third-party computer software pursuant to the Terms, GESDATE expressly disclaims any warranty or other assurance to you regarding such third-party software.
Does GESDATE Have the Right to Update Its Software?
In connection with any modification of the Service, GESDATE may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. GESDATE will endeavor to provide you with the option of whether to install the update; however, in certain circumstances (e.g., security risks), GESDATE may require you to install the update to continue accessing the Service. In all cases, you agree to permit GESDATE to deliver these updates to you (and you to receive them) as part of your use of the Service.
How Does GESDATE Respond to Copyright or Other Intellectual Property Violations?
GESDATE has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. GESDATE has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of GESDATE or of a third party, or otherwise violated any intellectual property laws or regulations. GESDATE’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want GESDATE to delete, edit, or disable the material in question, you must provide GESDATE with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GESDATE to locate the material; (d) information reasonably sufficient to permit GESDATE to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to GESDATE’s designated agent at:
Michael Johanson, GESDATE DMCA Designated Agent
GESDATE, LLC
189 N 159th St
Gilbert, AZ 85234
support@gesdate.com
Can Kids Use GESDATE?
Of course, but GESDATE is not currently directed to children under the age of 13 and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.
Where Does My Data Go?
The GESDATE Service is available worldwide and at last some of our data processing operations take place in the United States. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned by GESDATE and third parties located in California and other locations in the United States and other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.
How Is My Account Closed?
You may close your account with our Service at any time, for any reason (or no reason), and you don’t even have to give us notice. GESDATE may suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for GESDATE suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) an extended period of inactivity (determined in GESDATE’s sole discretion), (iii) your nonpayment of any fees or other sums due GESDATE or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (vi) unexpected technical or security issues or problems.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
What Happens to My Account When I Die?
GESDATE’s pledge to protect the privacy of your content will continue, even after your death or incapacity. If you wish to enable someone to have access to your content or account information after you are no longer able to provide them access, you need to implement a process for providing your account information to them. We will not provide your account information, or your content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your account information, with instructions on how to access your content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
If I Have a Great Idea to Share With GESDATE, What Are My Rights?
When you submit any ideas, suggestions, documents and/or proposals relating to the Service or other products or services (collectively, “Contributions”) to GESDATE through the “Conversations” Support interfaces or through any other mechanism, you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) GESDATE is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) GESDATE shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) GESDATE may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of GESDATE without any obligation of GESDATE to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from GESDATE under any circumstances.
Does GESDATE Serve Ads?
Our business model is to make the Service so valuable that our users will opt to pay for a Premium Service. However, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. We also provide announcements within the GESDATE Software. These messages may promote other GESDATE products and services, events, demonstrate various uses of our Service and promote certain third-party applications and services that work with GESDATE.
Inasmuch as some advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
What Else Do I Need to Know?
Third-Party Links, Content and Programming
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
Indemnity
You agree to indemnify and hold GESDATE, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Limitation of Liability
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
No Warranties
GESDATE HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GESDATE DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Governing Law
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Arizona, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the venue in state or federal courts in Maricopa County, Arizona, USA in all disputes arising out of or related to the use of the Site or Service.
Alleged Violations
GESDATE reserves the right to terminate your use of the Service and/or the Site. To ensure that GESDATE provides a high-quality experience for you and for other users of the Site and the Service, you agree that GESDATE or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. GESDATE does not intend to disclose the existence or occurrence of such an investigation unless required by law, but GESDATE reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if GESDATE believes that you have violated any of the Terms of Use, furnished GESDATE with false or misleading information, or interfered with use of the Site or the Service by others.
Affiliated Sites
GESDATE has no control over, and no liability for any third-party websites or materials. GESDATE works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither GESDATE nor the Site has control over the content and performance of these partner and affiliate sites, GESDATE makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites and GESDATE assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that GESDATE makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
Prohibited Uses
GESDATE imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by GESDATE in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
No License
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by GESDATE or by any third-party.
Arizona Use Only
The Site is controlled and operated by Company from its offices in the State of Arizona. GESDATE makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as GESDATE’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Arizona.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Notices
You agree that GESDATE may provide you with notices, including without limitation those regarding changes to the Terms or Privacy Policy, by in-app notifications, e-mail, regular mail, or postings on the Site.
Waiver
No provision in the Terms shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
Carrier Lines
YOU ACKNOWLEDGE THAT ACCESS TO THE CONTENT WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND GESDATE’S CONTROL. GESDATE ASSUMES NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT USER’S RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
Exclusions and Limitations
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If GESDATE Sends Me Notice of Something, How Will That Happen?
This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by in-app notification, email, regular mail or postings on the web site(s) related to the affected Service.
How Can I Send a Notice to GESDATE?
Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to GESDATE must be delivered by email to support at support@gesdate.com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address:
GESDATE, LLC
189 N 159th St
Gilbert, AZ 85234
Attention: Legal Department
Are There Countries Where I’m Not Allowed to Use GESDATE?
You may not use or otherwise export the Service or any GESDATE Software except as authorized by United States law and the laws of the jurisdiction in which the Service is hosted and accessed by you, or where your use any of the GESDATE Software. In particular, but without limitation, the GESDATE Software may not be (i) exported or re-exported into any U.S. embargoed countries or (ii) provided to or used by anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Service in any such country.
What Do I Do If I Think I Have a Claim Against GESDATE?
Let us Know About Your Complaint
We want to know if you have a problem so we encourage you to contact our Customer Support team at support@gesdate.com you have any concerns with respect to the operation of the Service or any GESDATE Software, as we want to ensure that you have an excellent experience.
Initiating a Formal Claim
If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. GESDATE provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against GESDATE in any other manner, you shall be in violation of these Terms and you agree that GESDATE shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse GESDATE for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against GESDATE, you will send us a notice to our attorneys at support@gesdate.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.
Except where our dispute is being resolved pursuant to an arbitration (as provided below), you agree that any claim or dispute you may have against GESDATE must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You agree to submit to the exclusive personal jurisdiction of the courts located within Maricopa County, Arizona (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.
Alternative Dispute Resolution Process
Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and GESDATE where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and GESDATE agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
Arbitration Agreement
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and GESDATE agree that any and all disputes or claims that have arisen or may arise between us – except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights – shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA’s website. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Arizona, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different GESDATE users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$10,000 or less, GESDATE will pay all filling, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GESDATE will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse GESDATE for all fees associated with the arbitration paid by GESDATE on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
YOU AND GESDATE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GESDATE USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
Anything Else?
A couple of final, but important, points. First, these Terms constitute the entire agreement between you and GESDATE and govern your use of the Service, except, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and GESDATE for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
Second, you acknowledge and agree that each affiliate of GESDATE shall be an intended third-party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than the above intended third-party beneficiaries, no other person or company shall be a third-party beneficiary to these Terms.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.