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Gated, Inc.
Terms of Service

Last Updated: December, 2021

The following terms and conditions (the “Agreement”) govern all use of our email inbox productivity application, and our other websites, applications, and services (collectively, the “Service”).  The Service is owned and operated by Gated, Inc. (“Gated”, “us”, “we”, or “our”).  The Service is offered subject to your acceptance without modification of all the terms and conditions contained herein.  BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, YOU MUST NOT DO NOT USE THE SERVICE. 
Gated reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. We will post notice of changes on www.gated.com. In addition, if we have your email address, we will notify you via email. We will also update the “Last Updated” date above. 

1. ARBITRATION AND CLASS ACTION WAIVER
WE HAVE CERTAIN REQUIREMENTS THAT YOU AGREE TO ARBITRATE DISPUTES YOU MAY HAVE WITH US – AND WAIVE RIGHTS TO BRING CLASS ACTION LAWSUITS. PLEASE SEE SECTION 14 (“DISPUTE RESOLUTION”) BELOW FOR MORE INFORMATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF ENTERING THIS AGREEMENT.

2. Scope 
The Service is a tool to help you (as a “Recipient”) cut down on unwanted emails from unknown people and businesses trying to contact you (“Senders”). By registering to use the Service, the Service creates a new folder in the Recipient’s inbox and routes emails from unknown Senders from the Recipient’s general inbox to this folder. The Service will also send, on Recipient’s behalf from Recipient’s email, a ‘challenge email’ to unknown senders asking them to donate to a charity (“Charity” or “Charities”). The Charities associated with a Recipient’s email account will be selected by Recipient. Upon making the donation or a verification by Sender that they know Recipient, a Sender’s email will then be re-routed to the Recipient’s general inbox.  For clarity, this Agreement applies to both Recipients and Senders.

3. Privacy Policy         
Your use of the Service is subject to our privacy policy located at https://www.gated.com/privacy-policy. We strongly encourage you to review it closely.

4. User Account; Access
In order to use the Service you will be required to create a Service account (“Account”). You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You will not share your Account login credentials (such as your passwords) with any third party. You must immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security with respect to your Account.

Gated may change, suspend or discontinue any aspect of the Service at any time.  Gated may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old.  You represent and warranty that if you are an individual, you are at least 18 years old. You also certify that you take full responsibility for the selection and use of the Service.  This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service.  You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

5. Connecting Your Email Account
To use the Service, you will need to connect your email account and grant us certain access. To connect your email account, you will signup via your Google login.  The Service will not collect your passwords and you can revoke access at anytime.  As part of such connection, you grant Gated access to add/remove labels, read header information and send email the ‘challenge email’ (see Section 1 above) on your behalf.

6. Your Warranties; No Support
You represent and warrant (i) your use of the Service will comply with all laws and regulations (including with respect to privacy), (ii) if you are a Recipient, the email account you connect to the Service is owned by you, or you otherwise have sufficient rights to it for all purposes of this Agreement, (iii) if you use the Service on behalf of any third party, you have all necessary authorizations, and (iv) your use of the Service will not conflict with any obligations you have to any third party.  Gated has no obligation to provide any support hereunder.

7. Fees; Charities                
If you are a Sender that elects to pay via the Service for facilitating your email, you authorize Gated (or its third party payment processor) to charge your credit card or other payment method the applicable fee.                    

Amounts collected by Gated will be provided to charities selected by the applicable Recipient (after Gated takes its applicable fee). More about this can be found in our FAQ.

8. Other Restrictions
You shall not submit any content or information to the Service that is false, misleading or inaccurate.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service.  Gated reserves the right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Gated server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.  You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Gated, including any Gated account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.

You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Gated’s systems or networks, or any systems or networks connected to the Service or to Gated.

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Gated on or through the Service.  You shall not, in connection with the Service, pretend (e.g. through impersonation) that you are any other person.

You shall not use the Service for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Gated or others.

9. Feedback
If you provide ideas, suggestions, or other feedback to Gated in connection with the Service (such as suggestions for improvements to the Service) ("Feedback"), you acknowledge that the Feedback is not confidential and you grant Gated (and our successors and assigns) a perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free, fully paid-up right and license to use, reproduce, display, perform, distribute, sell, and otherwise fully exploit all Feedback.

10. Indemnification
You shall defend, indemnify, and hold harmless Gated and each of our employees, contractors, directors, providers, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, suits, demands, proceedings, costs and expenses, including attorneys' fees, that arise from or in connection with your misuse of the Service or breach of this Agreement.   

11. Warranty Disclaimer
THE SERVICE IS 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. GATED MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. 

WITHOUT LIMITING THE FOREGOING, IF YOU ARE A RECIPIENT, GATED MAKE NO WARRANTIES THAT THE SERVICE WILL PROPERLY IDENTIFY, BLOCK, OR OTHERWISE FILTER EMAILS.

IN ADDITION, GATED MAKE NO WARRANTIES WITH RESPECT TO THE ACTS OR OMISSIONS OF ANY CHARITIES. YOU ACKNOWLEDGE THAT GATED DOES NOT OWN OR CONTROL ANY OF THE CHARITIES.THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Limitation of Liability
IN NO EVENT SHALL GATED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $5.00 (U.S.).  

WITHOUT LIMITING THE FOREGOING, IF YOU ARE A RECIPIENT, YOU ACKNOWLEDGE AND AGREE THAT GATED IS NOT LIABLE FOR ANY FAILURE OF THE SERVICE TO IDENTIFY, BLOCK, OR OTHERWISE FILTER EMAILS. 

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT GATED HAS NO LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY CHARITIES. 

YOU ALSO ACKNOWLEDGE AND AGREE THAT GATED SHALL NOT BE LIABLE FOR ANY MATTERS BEYOND GATED’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Term and Termination
Gated may terminate your access to all or any part of the Service at any time, with or without cause. You can terminate this Agreement by permanently ceasing to use the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability. 

14. Export and Trade ControlsYou agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or through the Service except in full compliance with all United States, foreign and other applicable laws and regulations.

15. Notices
All legal notices to Gated must be addressed in writing, and sent by registered or certified mail, to: Gated, Inc.,2648 International Blvd Ste 115 Oakland, CA 94601 Attn: Legal.  If you have general questions regarding this Agreement or the Service, you may also email us at [email protected] Gated may provide notices to you via email and to any other address you provide.

16. Dispute Resolution
Let's Try To Work It Out.  Ideally, if you have any concerns or complaints against Gated, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Gated, you agree to try to resolve the dispute informally by contacting us as set forth in Section 15 above. Gated will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within thirty (30) days of submission, you may bring a formal proceeding.

Arbitration. Any disputes that are not settled informally as contemplated above shall be settled by binding arbitration in accordance with the rules and procedures (“Rules”) of the American Arbitration Association (“AAA”). The Rules will be AAA’s Consumer Arbitration Rules if available. Arbitration shall be conducted by one (1) arbitrator selected in accordance with the Rules.  In the event any telephonic or other streamlined procedures are available – they will be used. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court.   The arbitration proceeding shall take place in San Francisco, California using the English language.  Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court (see the “Going to Court” section below) at any time. 

Process.  A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the Rules, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You must send a copy to Gated at: Gated, Inc., 2648 International Blvd Ste 115 Oakland, CA 94601 (Attn: Arbitration). In the event we initiate arbitration against you, we will send a copy of the completed form to the email address or physical address we have on file.

Evidence.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents we and you submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. Subject to the 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.

Fees.
The parties’ will each bear their own costs and expenses associated with arbitration – and responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. 

No Class Actions
. You may only resolve disputes with Gated on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 

Modifications. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the foregoing arbitration terms or conditions (other than an amendment to any notice address or site link) in the future, such amendment shall not apply to any claim that was filed in a legal proceeding against Gated prior to the effective date of the amendment. In addition, you shall have the reject any such amendment by notifying Gated in writing within thirty (30) days of the date that you are first notified of the amendment (according to the procedures set forth above in this Section 16). In the event you so reject an amendment, the amendment will not apply to you – but this Section 16 will otherwise remain in fully force and effect (according to the pre-amendment version you had already agreed to).

Going to Court
. Subject to the arbitration provision above, you agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in San Francisco, California.  You hereby submit to such jurisdiction and venue.

THE TERMS AND CONDITIONS IN THIS SECTION 16 WILL NOT APPLY TO THE EXTENT PROHIBITED OR OTHERWISE.

17. GeneralThe failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Gated’s prior written consent.  Gated may transfer, assign or delegate this Agreement and its rights and obligations without consent.  This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof.  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Gated in any respect whatsoever.