Introduction
By visiting www.gapscience.com, you are consenting to our terms of service.
These terms and conditions govern all users’ use of this website. By using www.gapscience.com, referred to as this “Site”, all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service. The terms “we,” “us,” and “our,” refer to Gap Science LLC (“Company”), owner of www.gapscience.com. Accessing this Site constitutes a use of the Site and an acceptance to the terms and conditions in full provided herein.
By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our the Company’s use of cookies in accordance with the terms of the Company’s privacy policy.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you regard the terms and conditions set forth above to be unreasonable, you must not use this website.
Breaches of Terms and Conditions
Without prejudice to Gap Science LLC (“Company”) other rights under these terms and conditions, any breach of these terms and conditions in any way shall allow the Company to take such action as the Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Limitations of Liability
The Company will not be liable to you in any way in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even where the Company has been expressly advised of the potential loss.
Acceptable Use
To access or use the Site, you must be 18 years or older and have the requisite power and
authority to enter into these terms and conditions.
In order to use the Site, you may be required to provide information about yourself including
your name, email address, and other personal information. You agree that any registration and/or
billing information you give to the Company will always be accurate, correct and up to date. You
must not impersonate someone else or provide account information or an email address other
than your own. Your account must not be used for any illegal or unauthorized purpose. You must
not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You shall not post or transmit
through the Site any material which violates or infringes the rights of others, or which is
threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions,
which encourages conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company’s express written consent.
License to Use Website
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the website and material on the website, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company / www.gapscience.com logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You many not:
- modify or republish material from this website (including republication on another website);
- sell, rent, sub-license or participate in the transfer or sale of material from the website;
- show any material from the website in public; or
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purposes;
in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the Company’s liability in respect of any:
- death or personal injury caused by the Company’s negligence or alleged negligence or willful conduct;
- fraud or fraudulent misrepresentation on the part of the Company; or
- matter which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Variation
The Company reserves the right to change, revise, or impose new terms and conditions on use of the Site from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. By continuing to use the Site after we post any such changes means you accept the new terms and conditions with the modifications. Please check this page regularly to ensure you are familiar with the current version.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with all relevant and governing law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the State of Florida. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the
initial arbitration demand. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a
judgment of law or decree in equity, as circumstances may indicate.
Third Party Resources
The Site and services may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnity
Your use of this website signifies your agreement to indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Release of Claims
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
Assignment
These terms and conditions bind and inure to the benefit of the parties’ successors and assigns.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
However, these terms and conditions are not assignable, delegable or otherwise transferable by you. The user may not transfer, sub-contract or otherwise deal with his or her rights and/or obligations under these terms and conditions. Any transfer, assignment or delegation by the user is invalid.
Entire Agreement
These terms and conditions constitute the entire agreement between you and the Company in relation to your use of this website, and supersede all prior and contemporaneous agreements, representations, and
understandings in respect of your use of this website. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the Company. The subject headings of this Agreement are included for
convenience only and shall not affect the construction or interpretation of any of its provisions.
Severability
If a term, provision, covenant, or condition of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
If you have any questions or concerns regarding these terms and conditions, please email: info@gapscience.com.
