aka “Stuff We Have to Say”
This Web site is owned and operated by Gamut Industries (hereafter referred to as "Gamut Industries," "we," "us," or "our"), a California corporation. This Web site - www.GotNext.com - and any services, applications, content or information on the Web site (collectively or individually, as the case may be, the "Site" or “GotNext” or “GotNext.com”) is a service made available by Gamut Industries for general information, education, and or communication purposes only.
Gamut Industries does not endorse any third party advertisers on the GotNext.com website. Gamut Industries does not independently verify the accuracy of information contained in listings; nor do we guarantee the accuracy of the information. Therefore, Gamut Industries expressly disclaims liability for any errors and or omissions in the contents of this Site. No warranty or guarantee of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given with respect to the contents of GotNext.com, or its links to other Internet resources. Information on this Site is not intended to create any agent relationship. Users of the Site and third party advertisers are encouraged to seek legal advice prior to entering a contract for rental.
Gamut Industries shall not be liable for any direct, indirect, incidental, compensatory, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Site or sites accessed through this Site, and/or content or information provided on this Site. By using this website (and/or any forms or documents provided by this website) the user agrees to indemnify, defend, and hold harmless Gamut Industries from any and all damages arising as a consequence of such use and/or any rental transaction arising therefrom.
All content, information, and services provided on and through the Site may be used only under the following terms and conditions.
- SITE USE GENERALLY.
1.1 Limited License. You are granted a limited, revocable license to access and make use of the Site for your personal use in accordance with these Terms. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Site or its contents; (ii) using data mining tools, bots, or similar data gathering techniques and tools; (iii) framing or using framing techniques to enclose any Site content without our express written consent; and (iv) using any meta tags or any other 'hidden text' that uses our name or any of our trademarks or services mark. No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without prior written consent from Gamut Industries. We may terminate or restrict this license and your rights to use the Site for any reason at any time.
1.2 Links to Other Materials. In using the Site, you will be exposed to content and information from other users or third parties ("Third-Party Content"), whether at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of the Site.
1.3 Minors; Territory. The Site may not be accessed by persons under the age of 18. By using GotNext.com, you represent that you are aged 18 or older. Our Site is hosted in the United States. We make no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Any references on the Site to specific products and services are applicable only to those available in the U.S., and any product claims and comparisons to other products on the Site apply within the U.S. only. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
1.5 Your Account. You may register at the Site and set up an account if you are eighteen (18) years of age or older. Do not register if you are not eighteen (18) years of age or older. If you are over eighteen (18) years of age and do register, then you will provide or create an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and/ or password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on behalf of another individual or entity, then you represent that you have the authority to bind that person or entity as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
1.6 Site Limitations. You acknowledge that data entry, communication and storage are subject to a possibility of human and machine errors, omission, delays, down time, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage or which may prevent access to the Site. We will not be liable in any way to you or any other party for errors, omissions, delays, interruptions, or losses.
- USER CONTENT & CONDUCT.
2.1 Neutral Venue. You acknowledge and agree that the Site will function solely as a conduit for the receipt, management and transmission of content supplied by you and third parties (the "Content"). We are not involved in the actual face-to-face contact between users, or users and third party advertisers, and we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site. We are not responsible for any Content. We will not monitor, exercise control over, or review, evaluate, or assess any Content. As between you and us, you have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of your or another party's proper or improper use of Content.
2.2 User Materials. Throughout the GotNext Web site, including, but not limited to, GotNext.com, GotNext mobile application (“app”), GotNext’s Facebook Application, the Contact Us page, and commenting options found throughout GotNext.com and its related subdomains and sites, users may post, upload, transmit and/or otherwise submit comments, messages, other text, photos, images, stories, essays, videos, audio files, and other content and materials (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Gamut Industries, the GotNext staff and operators, and by the general public. We reserve the right to screen, refuse to post, remove, or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, verification that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the GotNext Web site. However, by submitting User Materials on or through the GotNext Web site, you hereby grant GotNext a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to: the GotNext Web site, applications, and services; third party licensee websites, applications, and services; over the air (on radio or television); and other applications and services; without payment and without the need for further consent from or notice to you. You further grant GotNext the right to contact you in connection with your User Materials and to use your name, address, city, state, and other information that you provided in connection with the User Materials.
2.3 Content Violation. As between You and us, You have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of Your or another party's proper or improper use of the Content. We may, but are not obligated, to review Content that you submit. If notified that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the Content. We have no liability or responsibility to you and other users for performance or nonperformance of such activities. We reserve the right to expel you and prevent your further access to the Site for violating these Terms or the law and the right to remove Content that is abusive, illegal, or disruptive. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any Content that you post or submit. We may take any action with respect to Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.
2.4 Content Warranty. You represent and warrant to us that (i) You have the rights to grant us the rights that You purport to grant in this Agreement; (ii) Content is accurate and not misleading; and that (iii) Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
2.5 Restrictions on Use. You agree that you will not: (a) interfere, breach or abuse the security measures implemented to limit access and protect the Site and the resources used to provide the Site; (b) disrupt or interfere with the operation of the Site or the resources used to provide the Site; (c) transmit through the Site any virus, trojan horse, or similarly harmful, disruptive or destructive computer program, script or object; (d) monitor, mirror, copy, summarize or create any derivative work from any website through which some or all the Site is provided or any materials used to provide the Site (including the underlying software); (e) use another person's account or password to access the Site or otherwise obtain unauthorized access to the Site or the data or information of another person; (f) use the Site in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability; (g) use the Site to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Site for commercial purposes; (h) transmit or communicate to us or our service providers any information that is illegal or which it does not have permission to transmit or communicate; (i) reverse engineer, decompile or reverse assemble any software used to provide the Site; (j) use the Site in any manner that could reasonably be expected to damage, disable, overburden or impair the Site; (k) interfere with the security of, or otherwise abuse the Site or the system resources, accounts, servers or networks connected to or accessible through the Site; (l) permit any person under the age of 18 to access or use the Site; register for more than one Customer account or register for a user account on behalf of an individual other than yourself; (m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (n) use automated scripts to collect information or otherwise interact with the Service or the Site; (o) use the Site to find a Customer and then complete the transaction offline in order to circumvent your obligation to pay for the service; (p) submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; (q) submit a bid on a job that you cannot or do not intend to perform; or (r) attempt, or permit or authorize any other person to do, or omit to restrict any user from doing, any of the foregoing. We reserve the right to suspend or restrict the provision of the Site as we determine in our sole discretion.
2.6 Identity Verification. You are responsible for determining the identity and suitability of others with whom you connect through this Site. We encourage you to communicate directly with third party advertisers, or vice-versa, potential Customers through the tools available on the Site.
2.7 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interaction with any other user of the Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Site may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
2.8 Release. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from GotNext.com or Gamut Industries. You hereby release GotNext and its operators, and Gamut Industries (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as Customer or Advertiser in connection with the Site. If you are a California resident, then you agree to waive California Civil Code section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
2.9 Price Agreement for Gym Managers. Although gym prices are subject to change without notice, if you post an hourly rate through the Site, which is accepted by you and a Customer via email or written consent, you acknowledge and agree that the price you specify for the gym rental will constitute an essential part of a binding agreement between you and the Customer. You further agree not to alter the price once accepted.
2.10 Legal Compliance. You are responsible for using the Site in a manner that complies with all applicable local, state, national and international laws and regulations.
3.1 Fee Structure. Use of GotNext.com constitutes your agreement that any gym rental rate posted on GotNext.com is subject to change without notice. However, if you agree to a rental rate (via written notice or email) with a Gym Manager, you acknowledge that you are entering into a binding agreement between you and that Gym Manager. This agreement is subject to individual gym cancellation and or refund policies noted on the Gym Listing page.
3.3 Cancellation and Refunds. As a Customer, you may cancel a gym reservation at any time prior to gym rental. If you decide to cancel a gym reservation after you have agreed to rent the gym, you may or may not be able to receive a refund; however, cancelation fees may apply. If a Gym Manager fails to perform as promised, or the quality of the gym facilities are too poor for use, then you may be able to receive up to a full refund of your service fees; however, you are not entitled to additional compensation by Gamut Industries. Gamut Industries will work to help you resolve a dispute with a Gym Manager who has missed a job assignment, lost or damaged your packages, or committed theft. To provide an efficient and safe marketplace, you will contact the Gym Manager directly if you have a dispute and carbon copy (“CC”) and or notify Gamut Industries of the dispute. We encourage you to rate Gym Managers on the Site according to your level of satisfaction with their services.
3.4 Chargebacks. If you have a dispute with a Courier or Customer, you should contact that party directly and attempt to resolve the matter. If the matter cannot be resolved between the parties directly, then you agree to notify Gamut Industries and Gamut Industries will work with you to help resolve the dispute. You should not attempt to resolve the dispute by initiating a chargeback. Unwarranted chargebacks initiated by you may result in the suspension or termination of your Got Next account. The Got Next process is intended to ensure integrity of the feedback system and accuracy of any credit applied to a Got Next account.
3.5 Taxes. Gamut Industries only makes available a marketplace in which Customers and Gym Managers/Owners can meet and arrange for the purchase of Gym Rental services. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to Gym Managers.
3.6 Damages. As a Gym Manager, you are responsible for providing your facility in a reasonably similar condition to what is represented and or pictured on your Gym Listing page during the agreed upon time period. If a Customer claims otherwise and provides evidence of damage, including but not limited to photographs, then you agree to refund the cost of the Gym Rental. In some cases, if you are able to come to agreement with your renter, you may offer the same or greater amount as credit to be applied towards a future rental. After being notified of the claim, you will remit payment. Failure to remit payment may result in removal from the Site and possible legal action.
3.7 Third Party Payment Systems. You agree that you will not use the Authorize.NET service or other third party payment service in connection with the Site for any activity that:
3.7.1 violates any law, statute, ordinance or regulation;
3.7.2 relates to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law;
3.7.3 relates to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services;
3.7.4 involves the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
3.7.5 violates applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; or
3.7.6 involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Authorize.NET and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
- INTELLECTUAL PROPERTY.
4.1 Copyright and Trademark. The Site design, software applications, data compilations, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions, ALL RIGHTS RESERVED. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to our trademark rights. "Got Next," is a trademark of Gamut Industries protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
All information on GotNext.com, including, without limitation, all software code, design, text, images, video, press releases, and other information, is protected under United States and other copyright laws and is owned by GotNext.com or used under license from or otherwise authorized by the copyright owner.
4.2 Use of Our Intellectual Property. If you copy or download any information, images, data, or media from GotNext.com, you agree that you will not remove or obscure or otherwise alter in any way any copyright or other notices or legends contained in such information. GotNext.com neither warrants nor represents that your use of materials displayed on GotNext.com will not infringe rights of third parties not owned by or affiliated with GotNext.com. Any unauthorized use of any materials on GotNext.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links). Each page within GotNext must be displayed in its entirety (including all accompanying trademark and copyright designations, branding, promotional materials, borders, text, images, and advertising), unless permission is obtained in writing from Gamut Industries.
You may be allowed a limited, nonexclusive right to create a hyperlink to Gotnext.com provided that you receive express written consent from Gamut Industries to do so. For permission to use a hyperlink to the Site, please write to Gamutindustries “at” Gotnext.com. This hyperlink must not be used in such a way as to portray GotNext.com or any of its products and or services, in a false, misleading or otherwise defamatory manner. GotNext reserves the right to revoke your license to hyperlink to GotNext for any or no reason whatsoever. You agree that the same email address used to ask for permission to create the hyperlink will serve as a valid email address to revoke your permission to use the hyperlink. You expressly agree to remove the hyperlink immediately upon request from Gamut Industries or GotNext and its operators.
You are advised that GotNext.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.
- TERMINATION.We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) suspend, restrict, or terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services. Upon termination we will refund any pro-rated subscription fees, if applicable.
- MODIFICATION OF SERVICES.We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
- DISCLAIMER OF WARRANTIES.
7.1 YOUR USE OF THE SITE AND INTERACTION WITH CUSTOMERS AND GYM MANAGERS IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GAMUT INDUSTRIES DOES NOT CHECK ANY CUSTOMER, GYM MANAGER, OR ANY OTHER USER'S BACKGROUND OR RECORD. GAMUT INDUSTRIES IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER'S COMMENTS AND THIRD-PARTY REFERRALS ON CUSTOMERS AND GYM MANAGERS AND GYM FACILITIES. USE COMMON SENSE. BE AWARE AND BE SAFE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.2 WE DO NOT REPRESENT OR WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR THAT (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
7.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS USE OR TRANSMISSION.
7.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THE SITE WILL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITS ON LIABILITY.
8.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE THE SITE; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO A CUSTOMER, GYM MANAGER, OR ANY OTHER USER OF THE SITE; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY CUSTOMER, GYM MANAGER, OR OTHER THIRD PARTY ON THE SITE; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF THE SITE OR PERSONS INTRODUCED TO YOU BY THE SITE, WHETHER ON-LINE OR OFF-LINE.
8.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
8.3 EXCEPT AS SET FORTH IN SECTION 12, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50).
- INDEMNITY.You shall defend, indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to (i) your use of the Site; or (ii) allegations of facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
- REPORTING MISCONDUCT.If you conduct business through the GotNext Site with anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, then you will immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at [email protected]; provided, however, that any such report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- JURISDICTION AND VENUE.These Terms shall be interpreted in accordance with the laws of the State of California, without regard to conflicts-of-law principles. Any lawsuit related to this Agreement shall be brought in any state or federal court located in Los Angeles, California, and you hereby irrevocably agree and consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California. You and Gamut Industries each waives any right to have a jury participate in resolving any dispute, whether sounding in contract, tort or otherwise, between or among any of the parties arising out of, connected with, related to or incidental to this Agreement. Instead, any disputes resolved in court will be resolved in a bench trial without a jury.
- ATTORNEY'S FEES.The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney's fees and costs.
- MISCELLANEOUS.These Terms contain the entire agreement between the parties with respect to the subject matter hereof and supersede any previous or contemporaneous oral or written agreements and understandings regarding such subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections of this Agreement, which by their nature would survive termination of these Terms, shall survive any termination or expiration of these Terms.
Please contact us at [email protected] with any questions regarding these Terms.