Welcome to Gessato. Gessato’s products and services are provided by Gessato – Contemporarities LLC, DBA Gessato (“Gessato,” “we,” or “us”). These Terms of Service (“Terms”, “Terms of Service”) are a legally binding contract and regulate your access to and use of the Gessato website as well as other services (“Services”). It is important that you read these Terms carefully and that you understand them. By using our Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms, you should not use our Services.
We reserve the right to change these Terms at any time, at our discretion. Additionally, we may change the Services or stop providing them at any time. All potential changes are effective immediately. You agree that your use of the Services following such changes establishes your acceptance of these Term changes.
To use some of our Services, you will need to create a user account. Signing up for an account by anyone under the age of 13 is prohibited. You agree that the information and details you provide during the registration process are accurate, current, and complete and that you will update them to keep them accurate, current, and complete should they change. You are individually responsible for your account, including all and any activity associated with your account. You are also responsible for maintaining the confidentiality of your account’s password.
You acknowledge and accept that the personal information you provide or the personal information we collect in connection with our Services will be treated according to our Privacy Policy, which you can find at https://gessato.com/privacy-policy/ and is included in these Terms.
If you purchase any products (“Products”) from Gessato or through our Services, you agree to pay all applicable fees and taxes. You give us permission to store your payment information in order to facilitate easy payment on future purchases. By providing Gessato your payment information, you represent, warrant, and covenant that you are legally authorized to provide such information and that you are legally authorized to make payments using such information.
Products purchased through our Service may be sold by Gessato or by third parties. We do not represent, guarantee, or warrant that Product descriptions or pricing are complete, current, accurate, or error-free. We aim to present accurate pricing for all Products, but occasional errors may cause inaccurate prices to appear. We maintain the right to void any purchase that displays an inaccurate price. If a Product purchased directly from Gessato arrives not as expected, please contact us at info [at] gesssato dot com. Find out more about Gessato’s returns and exchange policy at https://dev.gessato.com/return-policy/
Our Services are provided solely for your personal use and not for any commercial or for-profit activities, except when expressly permitted in these Terms. No Gessato materials or property may be copied, republished, reproduced, displayed, downloaded, digitized, translated, posted, modified, distributed, transmitted, or commercially exploited in any way, apart when expressly permitted in these Terms. You are are prohibited from using any data mining, robots, or other data gathering systems and extraction tools when using our Services.
You have the permission to view and print a reasonable number of copies of content from Gessato’s Services for your personal use, excluding any for-profit, resale or other commercial purpose; provided that: (a) you retain all copyright, trademark, and other proprietary notices included in the original materials; (b) you provide attribution to Gessato; (c) you print the content in its entirety without changes, modifications, reformatting, or revisions of any kind; and (d) agree that any such copies are subject to the conditions of these Terms and remain the property of Gessato. You agree and understand that you may not authorize any material to be transferred, reproduced, modified, performed, displayed, distributed, or used by any third party, and you agree that you will take all required steps to prevent unauthorized reproduction or other use of the material or content. Failure to follow these conditions will terminate this limited permission and may result in the infringement of the trademarks and/or copyrights and other intellectual property or proprietary rights belonging to Gessato or others.
The rights granted to you in these Terms represent a limited license and not a transfer of title. All title, right, and interest in and to the Services (apart from content provided by users) are and will remain the exclusive property of Gessato and its affiliates. These Services are protected by trademark, copyright, and other laws of the United States, and by jurisdictions outside of the United States where applicable. These Terms don’t give you the right to use Gessato’s intellectual property, including but not limited to Gessato’s name or any of Gessato’s logos, trademarks, domain names, copyrights, or other brand features.
Subject to these Terms, Gessato grants you a limited, non-transferable, and non-exclusive, license to use our Services. We reserve the right to revoke the license at any time. This license is granted solely for the purpose of allowing you to use and enjoy the Services provided by Gessato, in the manner specified and permitted by these Terms.
Gessato will not be liable under any circumstances and in any way for any content, including, but not limited to, any omissions or errors in any content, or for any damages or losses of any kind incurred as a result of the use of any content.
You agree to use Gessato’s Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use of the Services by Gessato and/or any third party.
While accessing or using our Services you may not: (i) tamper with, access, or use non-public areas of our Services, Gessato’s computer systems, or other technical delivery systems; (ii) scan, probe, or test the vulnerability of any network or system, breach or circumvent any authentication or security measures; (iii) search or access or attempt to search or access our Services by other means (automated or otherwise) other than through Gessato’s current, published interfaces; (iv) forge TCP/IP packet headers or parts of the header information in any email or post, or in any way use our Services to send altered or false source-identifying information; or (v) disrupt or interfere with (or attempt to do so), the access of any host or network, including, without limitation, sending a virus, overloading, flooding, mail-bombing, or spamming the Services.
Gessato respects the intellectual property rights and copyrights of others. We expect the users of our Services to do the same. If properly provided to Gessato, we will respond to notices of alleged copyright and/or intellectual property infringement that comply with applicable law.
The Services may contain links to third party websites, services, advertisers, or other content not owned or controlled by Gessato. We do not assume any responsibility for any third party sites, content, services, information, or products. If you access any third party website, content, or service from Gessato, you assume sole responsibility and agree that Gessato will have no liability arising from your use of any third party website, content, or service.
Subject to these Terms, you have permission to use Gessato buttons, widgets, and links. You agree that your use of such buttons, widgets, and links will link only to our Services. You will not modify such buttons, widgets, or links and/or associated code in any manner, and you will not use such buttons, widgets, and links in any manner which implies that Gessato endorses, sponsors, or recommends the website on which you use such buttons, widgets, or links. At any time and for any reason, we retain the right to revoke the permission to use Gessato buttons, widgets, and links.
The security of our users is important to us. While we strive to protect the security of your account, we cannot guarantee that unauthorized third parties will not be able to breach Gessato’s security measures. Please notify us immediately of any unauthorized use of your account.
These Terms of Service are effective from the date that you first access the Services and/or submit any information to Gessato, whichever occurs earlier. They will remain effective until terminated in accordance with these terms, excluding the terms that survive termination.
Gessato may suspend or terminate your user account at any time, at our discretion, for any or no reason, and with or without notice. In the event of a Terms termination, your right to use our Services will cease immediately. All limitations of liability, disclaimers, indemnification, Gessato licenses and rights of ownership will survive any termination.
At any time, Gessato reserves the right to modify or suspend, temporarily or permanently, the Services or any part or portion thereof, with or without giving you notice. You agree that Gessato will not be liable to you or to any third party for any suspension or modification of the Services, or any part or portion thereof. Nothing in these Terms of Service will be construed to obligate Gessato to support or maintain the Services, or any part or portion thereof.
As a condition of your access to and use of our Services, you agree to hold harmless and indemnify Gessato and its subsidiaries, licensors, licensees, affiliates, shareholders, officers, directors, employees, and other partners, from and against any claims, proceedings, disputes, suits, demands, liabilities, losses, damages, costs and expenses, including and without limitation, reasonable legal and accounting fees, including costs of defense of suits, claims, or proceedings brought by third parties, in any way related to (a) your access to or use of our Services, (b) any breach of your guarantees, representations, or covenants under these Terms, or (c) your breach of any of these Terms. You will not enter into a settlement of the foregoing without Gessato’s prior written approval.
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY KIND OF WARRANTY, WHETHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GESSATO DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF USAGE OF OR DEALING TRADE.
GESSATO MAKES NO PROMISES WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) ACCURACY, TIMELINESS, COMPLETENESS, AVAILABILITY, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) LOSS OF DATA OR ANY HARM TO YOUR COMPUTER SYSTEM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) AND WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON A SECURE, UNINTERRUPTED, OR ERROR-FREE BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GESSATO SHALL NOT BE LIABLE FOR ANY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY LOSS OF REVENUES OR PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, FOR ANY LOSS OF DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES. GESSATO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES IN NO EVENT SHALL EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO GESSATO FOR THE PAST SIX MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, STATUTE, CONTRACT. TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GESSATO HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms will be governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any claims, litigation, or legal proceedings arising in connection with these Terms or with the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in New York City. You give your consent to the jurisdiction and venue in such courts, and waive any objection as to the inconvenience of the forum.
You and Gessato agree that any dispute or claim relating to these Terms or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration. Each each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, violation, or misappropriation of a party’s copyrights, trade secrets, trademarks, patents, or other intellectual property rights. You acknowledge and consent that you and Gessato are each waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Unless you and Gessato otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. The party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Gessato agree otherwise, the arbitration will be conducted in New York City. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Gessato submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
If any provision included in these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removable from these Terms and shall not affect the enforceability and the validity of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and Gessato relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us regarding such subject matter. Neither these Terms nor any right, remedy, or obligation hereunder is permitted to be transferred, assigned, delegated, or sub-licensed by you except with our prior written consent, and any attempted transfer, assignment, delegation, or sub-license shall be void. We may transfer, assign, or delegate these Terms or any obligation, right, or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any caption, heading, or section title contained in these Terms of Service is inserted only as a matter of convenience and it does not define in any way or explain any section or provision hereof.
The Services are provided by Gessato. If you need to contact Gessato, please e-mail us at info [at] gesssato dot com.
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