Terms of Use

Last Modified:  September, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You and HB Enterprises, Inc., dba GatherBoard, (“Company,” “we,” “GatherBoard,” or “us“). The following terms and conditions (“Terms of Use“), govern your access to and use of gatherboard.com, including any content, functionality, licenses, features, and services offered on or through gatherboard.com (the “Site“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By  registering for an account on the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://gatherboard.com/privacy-policy/, incorporated herein by reference. If you do not   agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. 

This Site is offered and available to users who are 15 years of age or older, or the minimum age required in your specific jurisdiction. By using this Site, you represent and warrant that you meet   the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site, and if we discover that you do not meet the minimum age requirement in your jurisdiction your account will be immediately terminated.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You will be notified by email or by a clear notification on the Site. You will have thirty (30) days to object to such revisions and updates or it will be assumed you have agreed. In some cases you will be required to opt in to existing services due to changes in either these Terms of Use or the Privacy Policy. All changes are effective immediately when   posted to the Site or otherwise communicated to you. 

Your continued use of the Site thirty (30) days following posting of revised Terms of Use constitutes acceptance  and agreement by you to the changes. You should visit the Site frequently so you are aware of any changes, as they are binding on you. 

Accessing the Site and Account Security

We reserve the right to withdraw or amend information, notices, and other content displayed on this Site, and alter, discontinue, or add any service made available on the Site, in our sole discretion without notice. The Site may be unavailable at any time due to circumstances beyond our control We will not be liable if all or any part of the Site is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Site, or the entire Site, to some or all users, including  users registered by creating an account on the Site.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site    and any of the services or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you  may not disclose it to any other person or entity. You also acknowledge that your account is personal to you and to you alone, and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information, nor may you access the Site using your username and password for the purpose of letting another person use the Site. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout or otherwise disconnect from the Site such that a login to your account is required upon reconnecting or revisiting the Site.         You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, gain access to, discover, or record your password or other personal information.

We have the right to disable or terminate your account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or the Privacy Policy.

Intellectual Property Rights

The Site and its entire contents, features, services, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any information or content you provide will constitute a contribution to the Site as co-authored content owned jointly by you and the Company. 

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You  may not reproduce, redistribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site unless you obtain written permission from the Company, except as follows:

• Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement or speed of access purposes.
• You may print or download one copy of a  portion of pages of the Site constituting fair use under copyright law for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site for any reason and if any such materials are used for a non-commercial use, such copies must include the appropriate profession citation as to the source.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. 

All requests for use of Site contents outside the permitted uses provided herein must be pre-approved in writing by the Company. Address such requests to: [email protected]

Any breach of the Terms of Use may result in suspension or termination of your account and access to the Site, where such determination shall be at our sole discretion. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company.  You agree any use of the Site not expressly permitted by these Terms of Use or granted by applicable law is a breach of these Terms of Use and may  result in civil action, including enforcement of copyright, trademark, and other rights held by the Company..

Trademarks

The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks or or copyright protected works  of the Company or its affiliates or licensors. You  may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, scraper, crawler, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain services or functions that allow users to post, submit, publish, display, share, or transmit to other users or other persons (hereinafter, “post“) data, files, documents, text, photographs, images, audio, and video, and any materials (collectively, “Content”)  that may be viewed, accessed, used, or downloaded through this Site. Such content once posted (collectively, “User Contribution“) on or through the Site must comply with the Content Standards defined below in these Terms of Use.

Any User Contribution  posted to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose without your permission and free of any and all use fees. 

You represent and warrant that: 

• You own or control all rights in and to  your User Contribution and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All User Contribution do and will comply with these Terms of Use. 

You understand and acknowledge that you are solely responsible for any User Contribution and that you assume full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the Content or accuracy of any User Contributions posted by you or any other user of the Site. We do not pre-approve User Contribution but will remove if alerted to any infringement of any third-party rights, illegal Content, or non-compliance with any applicable law or regulation.

Events

The Site may contain event listings in the form of files, documents, text, photographs, images, audio, and video promotional materials (collectively, “Events”)  that may be viewed, accessed, used, or downloaded through this Site. Such Events once posted (collectively, “Community Events“) on or through the Site must comply with the Content Standards defined below in these Terms of Use. All Event submissions shall be reviewed by the Licensee of the Site for accuracy of the time and place only prior to posting to the Site.

Monitoring and Enforcement; Termination

We have the right to:

• Remove any User Contribution or Event for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution or Event that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or Event violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. 
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, if compelled by law, we will  cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, COMPLYING WITH ANY SEARCH WARRANT, SUBPENA, OR ORDER OF ANY COURT WITH JURISDICTION.

However, we  will not  material before it is posted on the Site, and cannot ensure  immediate removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or  delay in action regarding transmissions, communications, or Content  posted by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These Content standards apply to any and all User Contributions and Events and use of Content. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and Events may not:

• Contain any material that is defamatory, slanderous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• violate the Community Guidelines as outlined in Exhibit A,

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from  the Site   infringe your legally owned and confirmable copyright, you may request removal of those materials     from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. 
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed Content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy to disable or terminate the accounts of users who are repeat infringers. 

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes Content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.

Changes to the Site

We may update the Content on this Site from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Online Payments and Other Terms and Conditions

All financial transactions, donations, or payments (collectively the “Payments”)  made through the Site are governed by our Terms of Payments. 

We reserve the right, at our sole discretion, to refuse or cancel any Payment for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized and the Payment information is verified for accuracy. We may also require additional verifications or information before accepting any Payment. We will contact you if all or any portion of your Payment is canceled or if additional information is required to accept your Payment. If your Payment is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Refunds

All Payments made on the Site are final. Refunds may be issued in exceptional circumstances, at the sole discretion of the Company. The Company is not responsible for donations and/or any other form of payment made on the Site once they are withdrawn by a fundraising campaign’s administrator. In this situation, all requests for refunds should be made directly to the campaign administrator.

Quantity Limits

Company reserves the right, at our sole discretion, to limit the quantity of Payments per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the payor should such limits be applied. We reserve the right, at our sole discretion, to refuse or cancel any Payments for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. 

Online Payments

You can make Payments on the Site. We accept credit and debit cards issued by U.S. banks as well other Payment options including, but not limited to: Stripe, your bank account, (coming soon: Venmo, PayPal, GooglePay, and ApplePay). If a credit card account is being used for a transaction, Company may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or payment method or if there is a change in your credit card or payment method, you must change your information online. This may temporarily delay your ability to make online Payments while we verify your new payment information.

You represent and warrant that if you are making online Payments that (i) any credit card, debit card, bank account or other payment method information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company, other payment provider, or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Export Policy and Restrictions

You acknowledge that Content which is sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. You agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is legal and does not damage our reputation or imply our endorsement of your site, nor imply or suggest any form of association, approval, or partnership with us without our express written consent. 

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party sites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party sites.

You may use these features solely as they are provided by us and only with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any site that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Company makes no representations whatsoever about any other website that you may access through the Site. You agree and understand that any website link present on the Site, is independent from Company control, and that the Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. 

Geographic Restrictions

The owner of the Site is based in the State of Montana in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site or violation of the Privacy Policy, including, but not limited to, your User Contribution, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

All matters relating to the Site, these Terms of Use, and the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule (whether of the State of Montana or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Montana, in each case located in the City of Missoula, County of Missoula. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

We will try work in good faith to resolve any issue you have with Site if you bring that issue to the attention of our Company’s service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a user’s satisfaction.

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Montana law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED UNLESS OTHERWISE SPECIFIED BY APPLICABLE LAW.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 

Your Comments and Concerns

This Site is operated by HB Enterprises Inc., dba GatherBoard, dba CheddarBoard located at: 111 N. Higgins Ave., Suite 417, Missoula, MT 59802

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement Policy set forth above in the manner and by the means set out therein.

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EXHIBIT A

Community Guidelines

You are solely responsible for compliance with all applicable law in relation to your use of the Site. You are further solely responsible for all User Contribution that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload” or “Post”). If you are not the beneficiary of the campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Use.

The following are examples of User Contribution and/or use that is illegal or prohibited by the Company. This list is not exhaustive and we reserve the right to remove any campaign and/or investigate any user who, in our sole discretion, violates any of the terms or spirit of these Terms of Use. As we investigate your campaign, a user, or User Contributions, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of our platform, remove the offending User Contributions, suspend or terminate your account, stop payments to any such campaign, freeze or place a hold on donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.

Without limiting the foregoing, you agree not to use the Company’s platform to raise funds or establish or contribute to any campaign with the implicit or explicit purpose of or involving:

1. Illegal: the violation of any law or regulation;
2. Unregistered elections: election campaigns that are not run by a registered organization within the supported country;
3. Fraud: information that is fraudulent, misleading, inaccurate, dishonest, or impossible, particularly if done knowingly with the intent to deceive;
4. Illegal drugs: narcotics, steroids, controlled substances, abuse of pharmaceuticals or similar products or therapies that are either illegal or prohibited;
5. Violence: knives, explosives, ammunition, firearms, or other weaponry or accessories, as well as the promotion of violent ideas such as genocide, execution, and other violent acts;
6. Financial schemes: annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
7. Gambling: gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
8. Hate, discrimination, and harassment: content that we deem, in our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or mental, physical, or other medical conditions;
9. Legal defense for serious crimes: campaign that we deem, in our sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, mental, physical, or other medical conditions, or financial crimes or crimes of deception;
10. International sanctions: activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
11. Exploitation: funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
12. Pornography: pornographic content or other sexual content relating to minors or persons appearing to possibly be minors;
13. Graphic: offensive, graphic, perverse or sensitive content;
14. Pre-sales: the sale of items before the seller has control or possession of the item;
15. Payment manipulation: collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by The Company;
16. Credit: credit repair or debt settlement services;
17. Misuse of funds: the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign, collecting or providing funds for any purpose other than as described in a Campaign description;
18. Slander and personal attacks: publication or removal of User Contributions (such as mug shots), where the primary purpose of posting such User Contributions is to cause or raise concerns of reputational harm, as well as personal attacks, slurs, caustic or combative content submitted with the aim of harming other people in some way;
19. No-value-added services: sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
20. Money laundering: aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
21. Piracy: counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
22. Intellectual property violations: products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
23. Unauthorized sale or resale: of brand name or designer products or services;
24. Trade violations: sale of goods or services that are illegally imported or exported;
25. Credit card fraud: processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
26. Financial crimes: any other activity that the Company may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
27. Generally unacceptable activity: any other activity that the Company may deem in its sole discretion to be unacceptable.