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Welcome to the Gimlet Website (“Site”) of Sidecar Publications, LLC. (“Sidecar” or “we” or “us”). We provide statistic tracking and data documenting services for organizations (“Services”) through this Site.
Please read the following information (the “Terms”) carefully before indicating that you accept and creating an account. This explains what we expect from anyone who uses this Site. It also explains what a user (“you”) can expect from us.
How These Terms Work
Sometimes we will make changes to these Terms. When we do that, we will post those changes and let you know by emailing you. After we tell you about those changes, if you continue to use the Site, then that will mean you agree to those changes.
You have to agree to these Terms if you want to use the Site. If you don’t agree with the Terms, then do not accept the Terms, but that means that you cannot fully use the Site or the Services. You must also register with the Site and select a username and password to create an “Account.” You shall provide the Site and Sidecar with accurate, complete, and updated registration information, including your email address. If you don’t follow these Terms, then we can terminate or limit your account and your ability to fully use the Site and the Services.
If you access the Site from outside the United States, you do so at your own risk, and you are solely responsible for compliance with the laws of your jurisdiction. If parts of these Terms are prohibited by law, that only affects exactly what is prohibited; the rest of the agreement still applies.
Getting an Account With Us
You can only use the Site and the Services for your own use, not for anyone else’s purposes. You also promise that you are a human being, and are authorized to act on behalf of the entity that will be using the Site and Services. You promise that you are authorized to enter a binding contract with Sidecar and that you are not barred from accessing the Site or receiving the Services under the laws of the United States or other countries including, without limitation, the country in which you are resident or from which you access the Site or receive the Services.
You also promise that you will use your own information when you set up your Account. You cannot impersonate another person. You shall be responsible for maintaining the confidentiality of your Account password. You are responsible for any use of or action taken using your Account., and accept full responsibility for all activity conducted through your Account and release us from any and all liability concerning such activity. You agree to notify us immediately of any actual or suspected loss, theft, or unauthorized use of your Account or password. We will take reasonable security precautions when using the internet, telephone, or other means to transport data or other communications, but expressly disclaim any and all liability for the accessing of any such data communications by unauthorized persons or entities.
You agree to pay for your use of the Site and the Services (the “Fees”). You agree to pay those Fees. If you don’t pay all the Fees, then we can stop, suspend, or limit your use of the Site or Services. If we have to do any of that, and you want to restart using all of the Services, then we may require you to pay Fees in advance.
The Site May Not Work for You
We can’t promise you that the Site or the Services are fully able to be used where you live or where you access them. If your ability to use the Site or the Services is disrupted due to issues or actions within Sidecar’s reasonable control, you may request a prorated credit or refund for the number of days that access to the Site is disrupted. We will make the decision if a refund is deserved within thirty (30) days of receipt of your request. Please note, however, that a refund is not available for Accounts opened using a promotion or discount (such as Trial Accounts), and are not to exceed the actual Fees paid by you during the last thirty (30) days. All refunds and credits are at Sidecar’s sole discretion.
We will try to ensure that the Site and Services are available. However, there will be occasions when access to the Site and/or the Services will be interrupted. That may be because of maintenance, upgrades, emergency repairs, failure of telecommunications links and equipment, or other issues. We will try to minimize disruptions where it is within Sidecar’s control, but we can’t control everything. You shall be solely responsible for obtaining and maintaining any equipment or ancillary services needed to access the Site and/or the Services, including, without limitation, computing hardware, software, internet connections, and telephone services. You shall be solely responsible for ensuring that such equipment or ancillary services are operational and in good working order and compatible with the Site and Services.
We Can Use the Stuff You Upload to the Site
You give us permission to use the materials and data you post to the Site (“User Content”) to provide you Services and to conduct our business. That is called a license to use your User Content. You are also giving us a license and the right to analyze and aggregate User Content, and to publish statistics, metadata, trends, traffic patterns, or other information about User Content. All materials displayed on the Site other than User Content (“Site Content”) are the property of Sidecar or other third parties. In either case, the Site Content is protected by United States and international intellectual property laws. You shall follow the copyright laws of the United States, and if you are somewhere other than the United States, and those copyright laws provide more restrictions on you, then you will follow those laws, too. You will also respect and follow all copyright notices, information, and restrictions contained on the Site and in any Site Content. That means that you may not copy, modify, publish, transmit, upload, distribute, perform, display, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Site Content, software, materials, or Services in whole or in part unless we say that you can explicitly do that in these Terms.
You promise and warrant that you will not contribute any User Content that: (a) infringes, violates, or otherwise interferes with any copyright, trademark, or other intellectual property interests of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it; (c) infringes, violates, or otherwise interferes with the privacy or publicity rights of another; (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise violates any law or right of any third party; or (e) contains a virus or anything intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information. You will remove User Content that violates any of sections (a) through (e) of the last sentence as soon as you know that the content is in violation, whether we tell you or you find out from another source. In either case, you have to remove the User Content that is violating these Terms. You are responsible for all User Content posted or developed under your Account, including User Content contributed by any third party you have authorized to post User Content under your account. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) that you send us shall become the property of Sidecar. We will not be required to treat any Feedback as confidential. We may incorporate ideas submitted as part of Feedback. If we do that, we will not have to pay you or give you credit. You also can’t say that we aren’t allowed to do something because it is similar to what you are doing or want to do. Without limitation, Sidecar will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere.
Disclaimer of Warranties
Although Sidecar will make reasonable efforts to store and preserve the material residing on the Site, neither Sidecar nor the Site is responsible or liable in any way for the failure to store, preserve or access content or other materials you transmit or archive on the Site. The Services, Site, Site Content and any other content or software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Sidecar makes no representations or warranties of any kind with respect to the Site or the Services, including any representation or warranty that: (a) the Site or the Services will be timely, uninterrupted, or error-free; (b) the Site or the Services will operate in combination with any other hardware, software, system or data; (c) the Site or the Services will meet your requirements or expectations; (d) defects will be corrected; and (e) the Site or the Services will be free of viruses, worms, trojan horses, or other harmful components.
To the fullest extent allowed by law, Sidecar disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality, or operability of the material or Services provided on this Site.
You agree that Sidecar will not be liable in any event to you or any other party for any suspension, modification, discontinuance, or lack of availability of the Site, the Services, User Content, or other materials or programs associated with the Site.
Limitations on Liability
In no event shall Sidecar, its directors, officers, shareholders, employees, or members be liable with respect to the Site or the Services for: (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, User Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors, or omissions; or (d) damages related to downloading or posting of content.
Either you or we can terminate these Terms or your Account by writing to the other stating that either you or we want to do so. If the termination is not due to a breach of these terms, then the termination will happen 30 days after that notice of termination is received by us or sent by us. If, however, we have to terminate because you violated these Terms or didn’t pay the Fees, then the termination is immediate. Upon termination, your access to your Account and the Services will stop. Refunds to you will be provided upon Sidecar’s discretion.
Any notice under these Terms to us shall be in writing and shall be deemed effective upon receipt by Sidecar, when delivered either: (a) via e-mail to email@example.com; or (b) in person by nationally recognized overnight courier or mailed by registered or certified mail, postage prepaid, to:
Sidecar Publications LLC
706 Greenway Rd
Monona, WI 53716
Any notice under these Terms to you shall be in writing and shall be deemed effective upon receipt by Sidecar, when sent via e-mail to the address you provided when you set up your Account or update within your Account. That means you should be sure to update that e-mail if it changes.
All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Sidecar, including without limitation any indemnification obligations contained in this Agreement.
If any term, covenant, or condition of these Terms are, to any extent, invalid or unenforceable, the remainder of the Terms, or the application of such, shall not be affected just because some things are not valid or enforceable, and each and every remaining term, covenant, or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law.
The failure of Sidecar to exercise any right provided by this Agreement shall not be deemed a waiver of any right.
These Terms and your Account cannot be sold, transferred or sublicensed by you except with our prior written consent. Sidecar may assign this Agreement in whole or in part at any time without your consent or notice.
By checking the box indicating that you agree below and signing up for an account, that means that you have read and understood everything above, you agree to follow all of the terms, you certify that you are legally permitted to access the Site and receive the Services, and you shall take full responsibility for such access and use of the Site and Services through your Account.