Terms and Conditions/User Agreement
Last modified November 8, 2020
These Terms and Conditions outline the relationship between you and IF GATHERING (“IF GATHERING,” “we,” “us”) and applies to all users of the website and any mobile application used to access IF GATHERING. We ask that you familiarize yourself with these Terms and Conditions, as they control and govern any and all use of our website. In these Terms, unless otherwise stated, “IF GATHERING,” “Company,” “we,” or “our” refers to IF GATHERING Group, LLC, and its successors and assigns.
The website is owned and operated by IF GATHERING and provides access to its functions and features (“Services”) through the URL https://www.ifgathering.com/ (the “Site”). The Site and Services are made available to you only under the following terms and conditions (the “Terms”). PLEASE READ THE TERMS CAREFULLY. THROUGH USE OF THE SITE OR SERVICES MEANS YOU ACKNOWLEDGE AND REPRESENT THAT 1) YOU HAVE READ THESE TERMS, 2) UNDERSTAND THEM, AND 3) AGREE TO BE BOUND BY THEM. YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD.
We may amend these Terms at any time and for any reason. We ask that you stay up-to-date with these Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our website. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site. Changes will be effective immediately for new users of our Site or Services. If you object to any such changes, we ask that you cease using the Site and the Services. By continuing to use the website after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications.
ACCESS TO IF GATHERING ONLINE SERVICES
Some features of the Site or Services may require registration and certain information about yourself for an account with IF GATHERING (“Account”). You promise that any information about yourself that you provide to us will be true, accurate, complete, and current. Confidentiality of your Account login information and for all activities of your Account are your sole responsibility. You agree to immediately notify us of any suspected unauthorized use or security breach of your Account. IF GATHERING cannot and will not be liable for any damage or loss from your failure to comply with these requirements.
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services.
Username and Password
General access to the Site does not require registering for or logging into the Site, but other portions of the Site may require registration. These Terms govern use of all portions of the website, regardless of registration. Registration on the Site may require you to choose a username and password and to enter other information. Remember your username and password, and do not share your username or password with anyone. Your username and password will identify you to us when you return to our Site. If you forget your username or password, you may not be able to access certain portions of the Site. You are solely responsible to maintain the confidentiality of your username and password and for all activities when a user is logged into the Site by your username and password.
You agree to immediately notify IF GATHERING of any unauthorized use of your username and password or any other security breach and ensure that you log out of the Site at the end of each session. IF GATHERING will not be liable for damage or loss from your failure to comply with these Terms. You may be issued a new password or be required to change your password from time to time. Your username and password combination are not transferable to other users.
IF GATHERING reserves the right to restrict, suspend, or terminate access to the Site for any username and password combination (each, an “Account”) because of inactivity or fraudulent activity under that Account, or any other reason we deem appropriate. We are available for your questions regarding use of the site at [email protected].
IF GATHERING loves hosting events that allow our users and you (a “User”) to gather in small groups and access our virtual events. These events may provide opportunities for you to communicate directly or which enable Users to post information and other material that will be visible to other Users of the interactive activities (“Events”). This Events Sections applies to the activities of persons who are participating in Events on the IF GATHERING Site and in physical locations across the globe. The scope of these Event services may change from time to time, with or without notice. You are using Event services if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any Event feature.
To participate in IF GATHERING Events, you must have Internet access and an Internet-accessible device. Events may be used only for lawful purposes in accordance with these Terms. If you are using any IF GATHERING Event services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Event services, please choose carefully the information that you post and/or provide to other Users (“User Created Content”). User is prohibited from posting on or transmitting through the IF GATHERING Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. IF GATHERING reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Event services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
The IF GATHERING Events, Services and any content viewed through our Service and our Events are for your personal and non-commercial use only and may not be shared with individuals beyond yourself.
Right to Remove Profile or Terminate Access.
IF GATHERING reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Event services for any reason.
Misuse of Event Services.
If you become aware of misuse of the Event services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please contact us at [email protected] and provide us the URL or link to the page you feel violates these Terms.
User Created Content.
IF GATHERING seeks to create a family-friendly atmosphere online and through its events, but IF GATHERING cannot review every User post at all times during the day. IF GATHERING assumes no responsibility for ongoing monitoring of the IF GATHERING Site or for removal or editing of any User Created Content, even after receiving notice. IF GATHERING assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Event. You are responsible for your interactions with other Users.
Event Users may upload to or otherwise submit to IF GATHERING for distribution on the IF GATHERING Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for IF GATHERING to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. IF GATHERING is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Event Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. IF GATHERING assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.
By submitting User Created Content within the Event, Event Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted, IF GATHERING, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to IF GATHERING retains any and all rights which may exist in such User Created Content. By participating in the Event, Event Users automatically grant IF GATHERING the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material in whole or in part created by IF GATHERING that may utilize User images, for any reason, including for commercial purposes.
General Restrictions on Use
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (“Content”) and trademarks and logos (“Trademarks”) on the Site are owned or controlled by us, licensed by us and are protected by copyright, trademark laws and various other laws of the United States. We allow you to use the Site and Services only for users’ personal, noncommercial purposes.
Provided that you are eligible to use the Site, we grant you a limited license to access and use the Site and to download any portion of the Content that you have properly gained access to solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Trademarks.
You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Services to any third party. You agree not to combine or integrate the Site or Services with hardware, software, or other technology or materials not provided by us. You may not alter or create any derivative product based on the Site or Services. Except as expressly stated in these Terms, no part of the Site or Services may be copied, reproduced, republished, distributed, displayed, downloaded, posted, or transmitted in any form or by any means. Any future amendments to the Site or Services shall be subject to these Terms. You agree not to use the Site or Services to violate local, state, national or international law; stalk, harass, or harm anyone; collect or store personal data about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or interfere with the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
IF GATHERING Ownership
As we mention above, we retain all right, title, and interest in and to the Site and the Services, and all related intellectual property rights. IF GATHERING reserve all rights not granted in these Terms. If you provide IF GATHERING any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to IF GATHERING all rights in the Feedback and agree that IF GATHERING shall have the right to use such Feedback and related information in any manner it deems appropriate. IF GATHERING will treat any Feedback you provide to us as nonconfidential and nonproprietary. You agree that you will not submit to IF GATHERING any information or ideas that you consider to be confidential or proprietary.
TERMS AND CONDITIONS OF SALE
Products and Services on the Site, their descriptions, and their prices are each subject to change. IF GATHERING reserves the right to modify, suspend, or discontinue the sale at any time of any Product or Service with or without notice. If a Product or Service is listed with an incorrect price or incorrect information due to typographical error or errors from our suppliers, we have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
When you make an order, your order is not accepted until we send you shipping information for the order (or the accepted portion). We may require additional information or verification before accepting any order. An order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. This may occur because of limited stock or issues with supply. If we cancel all or a part of your order, we will either 1) issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or 2) will not charge your credit card for the cancelled portion of the order.
When you purchase a IF GATHERING product or Service through the secure website, we will bill the credit card or other payment method that you have provided (your “Payment Method”) through our third-party payment processing provider.
Products will be shipped in accordance with the shipping method you selected when placing the order. Delivery dates provided by IF GATHERING are estimates. IF GATHERING reserves the right to make deliveries in installments. We will send you an email when your order has shipped, and you may review your order and shipping information on your Account.
Your opinions matter to us and we want you to be satisfied with your purchase. IF GATHERING will accept returns on Products with a full refund for 30 days after your purchase in the same manner you paid for the Product. We will provide store credit after that time period.
IF GATHERING asks that Returned Products be returned in a like-new condition, with proof of purchase, and returned in accordance with the instructions received from customer service ([email protected]). We may not be able to accept Products that are damaged, unsanitary, dented or scratched. No credit or refund will be issued, and the Product(s) will be sent back to you, if the Product(s) are not returned in accordance with these Return Procedures. You are responsible for the cost of shipping the returned Product.
IF GATHERING offers a curated assortment of Products for you to purchases. As such, we may not have specific Products in store if you need to exchange a Product and as a result, we cannot guarantee we can accept an exchange. If you are unhappy with the Product you purchased, we can accept the exchange as a return following our return procedures.
Damaged, Defective or Incorrect Products
If you receive a Product that is damaged in shipping, defective or that is not the Product you ordered, please return it during your return and exchange time period to a Bash Store and we’ll arrange for a replacement. If you would rather return the item by mail, please contact our customer service at [email protected]. We will cover all reasonable and customary ground shipping fees.
DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY
The Site, Services, all information, Content, materials and services related to the foregoing, and the products are provided “as is” and “as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration, and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the Site or Service will be uninterrupted, error-free, or virus free. We are not the provider of and make no warranties with respect to any third-party offerings. We do not guarantee the security of any information transmitted to or from the Site or Services; and you agree to assume the security risk for any information you provide using the Site or Services.
No representation or warranty is made that the Site or Services provide comprehensive or accurate information. We reserve the right to filter, alter, or remove content, media, information, or any other material from the Site or Services and from the output of the Site or Services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators. Search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.
Limitation of Liability
Use of our Site or Services, and/or the Products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential, or special damages in connection with these Terms, the Service, the Site, or the Products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. In no event will our aggregate liability to you for any and all claims arising in connection with these Terms, the Service, the Site, or the Products exceed the greater of 1) fifty dollars (US $50.00) or 2) the amounts you have paid to the Company in the prior 6 months hereunder.
You acknowledge that this limitation of liability is an essential Term between you and us relating to the provision of the Site or Services, and the Products to you, and we would not provide the Site or Service or Products to you without this limitation.
The limitations or exclusions or warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to customer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where customer is located. If applicable law requires any warranties with respect to the product, all such warranties are limited in duration to ninety (90) days from the date of delivery. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless and, at our option, defend our Company (including our affiliates, officers, directors, employers, agents, licensors, suppliers, and any third-party information providers) from and against all damages, claims, costs, demands, expenses, and liabilities, including reasonable attorneys’ fees, resulting from any violation of these terms or applicable law.
TERM AND TERMINATION
These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. If we have suspended or terminated these Terms, your Account, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Membership to the Service (if any). Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
Copyright © 2020, IF GATHERING. All rights reserved. All Content and Trademarks displayed on the Site or Services are our property or the property of other third parties. Subject to any limited license provided in these Terms, you are not permitted to use these Trademarks or Content without our prior written consent or the consent of such third party that may own the Trademarks or Content.
ARBITRATION NOTICE/DISPUTE RESOLUTION
By using the Site, Services, and Products, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arkansas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.
Any dispute or claim relating in any way to your use of the Site, Services, or to any Products sold or distributed by IF GATHERING will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
IF GATHERING agrees that it will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATIONS TO TERMS
MODIFICATIONS TO SERVICES
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or the Services, except as otherwise expressly set forth in these Terms.
If we have suspended or terminated these Terms, your Account, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Membership to the Service (if any). You understand that any termination of your Account involves deletion of your associated User Content from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms
You agree to comply with all laws, rules, and regulations that apply to your use of the Site, the Services, and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means “including without limitation.” These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without IF GATHERING’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Contact Information: [email protected]