Gather Arizona Terms of Service

1. Terms

By accessing the website at http://gatherazexpress.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. 

2. Limited License to Access and Use the Website

a. Unless otherwise indicated in writing by us, the Gather Arizona website and all content and other materials contained therein, including, without limitation, all logos,  designs, text, graphics, pictures, information, data, software, content, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Gather Arizona or its licensors or users, as applicable, and are protected by U.S. and international copyright, trademark, and other laws.

b. Permission is granted to temporarily download one copy of the Content for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not, directly or indirectly:

i. modify or copy the Content;

ii. use, sell, or resell the Content for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to decompile or reverse engineer any software contained on Gather Arizona's website;

iv. remove any copyright or other proprietary notations from the Content; 

v. transfer the Content to another person or "mirror" the Content on any other server;

vi. use any data mining, robots or similar data gathering or extraction methods; 

vii. use the Gather Arizona website to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; 

viii. interfere with the Gather Arizona website or servers or networks used in connection with the Gather Arizona website; or

ix. use the Gather Arizona website or Content other than for their intended purposes.

c. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Gather Arizona at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Any unauthorized use of the Gather Arizona website or the Content may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these terms of service shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Gather Arizona or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

3. Payment & Refunds

a. We accept payments through Shopify.com and you agree to comply with all terms and conditions relating to use of Shopify.com. We also accept Supplemental Nutrition Assistance Program payments offline via electronic benefits transfer. For more information on SNAP/EBT payments, contact us at (602) 456-9591 or info@gatherazexpress.com.

b. If you wish to purchase any product through the website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.  Transactions will be processed through Shopify. Notwithstanding the rights and limitations set forth in in Gather Arizona’s Privacy Policy, you grant Gather Arizona the right to provide this information in connection with the Transaction to third parties (such as Shopify) for purposes of facilitating the completion of Transactions initiated by you or on your behalf. By providing information and/or answering questions, you also consent to receive electronic communications from Gather Arizona and/or our partners (e.g., via email or by posting notices to this website). These communications may include notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. 

c. All Transactions will be prepaid. Unless you elect delivery, all purchased products must be picked up on or before the deadline set by Gather Arizona. Any purchased products that are not picked up by the appointed deadline will be donated or disposed of, at Gather Arizona’s sole discretion; no refunds will be provided for products that are not timely picked up. If you are not 100% satisfied with your purchased products, you must contact Gather Arizona within 24 hours of receiving your order to request a refund. Gather Arizona, in its sole discretion, may choose to refund the purchase price of any unsatisfactory products.

4. User Content

a. You are solely responsible and liable for all data, information, images, text, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Gather Arizona website. Gather Arizona has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Gather Arizona website. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

b. You agree that you will not, and will not permit anyone else to, directly or indirectly:

i. Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;

ii. Transmit any User Content: (1) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (2) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (3) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (4) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or

iii. Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Gather Arizona website.

c. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Gather Arizona website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Gather Arizona website at your sole cost and expense.

d. However, by uploading, posting or submitting User Content to the Gather Arizona website or to our pages or feeds on third party social media platforms (e.g., Gather Arizona’s Facebook page, LinkedIn page or Twitter feed), you hereby grant Gather Arizona a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, provided however, that Gather Arizona will only share personal information that you provide in accordance with our Privacy Policy.

e. You acknowledge and agree that Gather Arizona may disclose or use any User Content that you Transmit for any purposes permitted under applicable law, including, but not limited to: (i) enforcing these Terms of Use; (ii) complying with any laws, regulations or rules of any federal, state or local government or agency; (iii) responding to claims that any User Content violates the rights of third parties; or (iv) protecting the rights or property of Gather Arizona, its customers or the public.

5. Disclaimer

a. The Gather Arizona website and the Content are provided on an 'as is' basis. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Gather Arizona makes no warranties, expressed or implied, AS TO THE WEBSITE, THE CONTENT, AND SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights, THAT ANY RESULT WILL BE ACHIEVED, CUSTOM TRADE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

b. Further, Gather Arizona does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on its website (including any instructions) or otherwise relating to such Content, and does not REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.

c. By accessing or using Gather Arizona’s website, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the website.

6. Limitations

a. To the fullest extent permitted by applicable law, in no event shall Gather Arizona or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Gather Arizona's website, even if Gather Arizona or a Gather Arizona authorized representative has been notified orally or in writing of the possibility of such damage.  THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE GATHER ARIZONA’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

b. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

7. Accuracy of materials

The materials appearing on Gather Arizona's website could include technical, typographical, or photographic errors. Gather Arizona does not warrant that any of the materials on its website are accurate, complete or current. Gather Arizona may make changes to the materials contained on its website at any time without notice. However, Gather Arizona does not make any commitment to update the materials.

8. Links

Gather Arizona has not reviewed all of the sites linked to its website and is not responsible for the contents of any third-party pages, any other websites linked to the Website, or any products or services offered by third parties linked to the Website. The inclusion of any link does not imply endorsement by Gather Arizona of the site. Use of any such linked website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Gather Arizona reserves the right not to link, or to remove the link, to a particular website at any time.

9. Modifications

Gather Arizona may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service. We strongly recommend that you periodically visit this website page to review these terms of service. If you do not agree to the revised terms of service, you may not purchase products on this website.

10. International Use

The Gather Arizona website is hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

11. Governing Law

These terms and conditions are governed by and shall be construed in accordance with the laws of Arizona, including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within Arizona. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Arizona shall not apply. You hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, with regard to any dispute relating to the Gather Arizona website, and you agree to service of process on you by e-mail to the address you have submitted to Gather Arizona, if any, and by any other means permitted by law.

12. Severability

If any term, clause or provision of these terms of service is held invalid or unenforceable, then that term, clause or provision will be severable from these terms of service and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these terms of service.

13. Miscellaneous

These terms of service constitute the entire agreement between you and Gather Arizona relating to your access to and use of the Gather Arizona website. These terms of service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Gather Arizona. No waiver of any provision of these terms of service will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Gather Arizona’s failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these terms of service are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.