Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Gazellish, acceptance is expressly limited to these terms. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Description of Service
Gazellish provides users with access to a collection of resources, including various tools, training materials, and educational content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Gazellish to provide the Service. You also understand and agree that the Service may include certain communications from Gazellish, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Gazellish properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Gazellish assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (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 Gazellish has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gazellish 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).
4. Member Account, Password, and Security
You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree: (a) not to share your member account login credentials with others, (b) to immediately notify Gazellish of any unauthorized use of your password or account or any other breach of security, and (c) to ensure that you exit from your account at the end of each session. Gazellish cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Payment and Renewal
- General Terms
By selecting a product or service, you agree to pay Gazellish the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable after 30 days.
- Automatic Renewal
Unless you notify Gazellish before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time by clicking the link on your Profile page, or by submitting your request to Gazellish in writing.
- Fees; Payment
By signing up for a membership account you agree to pay Gazellish the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Gazellish reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time by clicking the link on your Profile page, or submitting written notice to Gazellish.
All subscriptions include access to support via the members-only Q&A Forum. “Support” means the ability to make requests for technical support assistance via the forum at any time (with reasonable efforts by Gazellish to respond within 3-5 business days) concerning the use of the Gazellish Services. All support will be provided in accordance with Gazellish standard services practices, procedures and policies.
7. Use License
- Permission is granted to temporarily view the materials (information or software) on Gazellish’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Gazellish’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Gazellish at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Gazellish’s web site are provided “as is”. Gazellish makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Gazellish does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Gazellish or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Gazellish’s Internet site, even if Gazellish or a Gazellish authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
10. Revisions and Errata
The materials appearing on Gazellish’s web site could include technical, typographical, or photographic errors. Gazellish does not warrant that any of the materials on its web site are accurate, complete, or current. Gazellish may make changes to the materials contained on its web site at any time without notice. Gazellish does not, however, make any commitment to update the materials.
Gazellish has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Gazellish of the site. Use of any such linked web site is at the user’s own risk.
12. Trademark Information
All logos, product, and service names related to these TOS are trademarks of Gazellish (the “Gazellish Marks”). You agree not to display or use in any manner the Gazellish Marks without prior written permission.
14. Governing Law
1. Website Visitors
Like most website operators, Gazellish collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Gazellish’s purpose in collecting non-personally identifying information is to better understand how Gazellish’s visitors use its website. From time to time, Gazellish may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Gazellish also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Gazellish.com blogs/sites. Gazellish only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
2. Gathering of Personally-Identifying Information
Certain visitors to Gazellish’s websites choose to interact with Gazellish in ways that require Gazellish to gather personally-identifying information. The amount and type of information that Gazellish gathers depends on the nature of the interaction. For example, we ask visitors who sign up at Gazellish.com to provide a username and email address. Those who engage in transactions with Gazellish are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Gazellish collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Gazellish. Gazellish does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
3. Aggregated Statistics
Gazellish may collect statistics about the behavior of visitors to its websites. Gazellish may display this information publicly or provide it to others. However, Gazellish does not disclose personally-identifying information other than as described below.
4. Protection of Certain Personally-Identifying Information
Gazellish discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Gazellish’s behalf or to provide services available at Gazellish’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Gazellish’s websites, you consent to the transfer of such information to them. Gazellish will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Gazellish discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Gazellish believes in good faith that disclosure is reasonably necessary to protect the property or rights of Gazellish, third parties or the public at large. If you are a registered user of an Gazellish website and have supplied your email address, Gazellish may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Gazellish and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Gazellish takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
6. Business Transfers
If Gazellish, or substantially all of its assets, were acquired, or in the unlikely event that Gazellish goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Gazellish may continue to use your personal information as set forth in this policy.
Please report any violations of these TOS to: firstname.lastname@example.org