Last Updated on September 19, 2018

We, Gematry.com (“Gematry”), provide the Terms of Use for our current and future online and mobile websites, platforms, and services, owned or operated by us, including without limitation, Gematry.com, and/or for which Gematry.com currently or in the future provides services (the “Site” or “Sites”). You accept and agree to be bound by these Terms of Use when you use any of the Sites, without limitation, when you view or access site content, blog postings, or videos on any of the Sites.

1. You now agree that both you and Gematry.com, including its present and future subsidiaries, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Sites and/or the provision of content and services through the Sites, and that any such proceedings will be conducted only on an individual basis (and not as a class action), and only under London, UK, law.

• Governing Terms. These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively, “Terms of Service”) and the Gematry.com Privacy Policy, set forth the terms and conditions that apply to your use of the Gematry.com Site. By using the Site, you agree to comply with all of the terms and conditions and the privacy policy hereof. If you do not agree to these Terms of Service, you should not access or use the Site.
• Changes to Terms of Service. Gematry.com may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
• Changes to Site: Gematry.com may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
• Registration. You shall be given the opportunity to register via an online registration form to create a user account (“Your Account”) that may allow you to receive information from Gematry and/or to participate in certain features on the Site. Gematry will use the information you provide in accordance with the Gematry Privacy Policy. By registering, you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or user name. You acknowledge and agree that Gematry.com may rely on this password or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Service.
• Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.

2. USER CONTENT AND CONDUCT; COMMUNITY GUIDELINES

The following terms apply to content submitted by users, and user conduct, on the Site’s blog, data and video areas:

• The Site may contain blog comment posting sections, predictions, news and video or other features, in which you may post or upload user-generated content, including but not limited to blog comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Site areas, the blog comments and predictions sections, and you will use them without posting any slurs / insults to others, and you also agree by entering this site that you know how to navigate a website. Site features are available for individuals aged 18 years or older. By submitting User Content, you represent that you are 18 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on the Site, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and Gematry.com.
• Blog and Data Comments Guidelines. By submitting any User Content within or in connection with the Site, you agree to abide by the following rules of conduct:
  • You agree not to upload, post or otherwise transmit any User Content that:
  – violates or infringes in any way upon the rights of others, including any statements which may defame, harass, troll, stalk or threaten others;

  – you know to be false, misleading or inaccurate;

  – contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity of any kind, sneering at others;

  – contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;

  – violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;

  – advocates violent behavior, promotes killings, shooting, bloodshed, and international terrorism [ISIS and other global terrorist groups];

  – poses a reasonable threat to personal or public safety;

  – contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;

  – is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you only. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Gematry.com, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.

  – contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “trolling”, “pyramid schemes,” or any other form of solicitation.

  If you violate any of the above, you will be subject to banning/censorship to enter the Site and shall be barred from submitting or posting any further material on the Site.
  
  You agree not to engage in activity that would constitute a criminal offense or give rise to civil liability.
  
  You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
  
  You agree not to impersonate any person or entity, including, but not limited to, Gematry.com or any Gematry.com employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  
  You agree not to represent or suggest, directly or indirectly, Gematry.com’s endorsement of User Content.
  
  You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
  
  You agree not to post or otherwise transmit any User Content, software or other materials, which contain a virus or other harmful or disruptive component.
  
  You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
  
  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
  
  You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
  
  You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
  
  Any conduct that in Gematry.com’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. Gematry.com reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
  
  Gematry.com does not vouch for the accuracy or credibility of any User Content and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of the Site, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site, you assume all associated risks.
  

  • Monitoring. Gematry.com shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these Terms of Service and any operating rules established by Gematry.com and to satisfy any law, regulation or authorized government request. Although Gematry.com has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, Gematry.com reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason. In addition, Gematry.com may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law. See Gematry.com Privacy Policy.
  • No Obligation. User Content submitted by you will be considered non-confidential and Gematry.com is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, Gematry.com reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Gematry.comis under no obligation to edit, delete or otherwise modify User Content once it has been submitted to Gematry.com.

3. COPYRIGHT OWNERSHIP

The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. The entire contents of the Site are copyrighted as a collective work under international copyright laws. Gematry.com is filing for copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Gematry.com. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

4. THIRD-PARTY CONTENT

Gematry.com is a distributor (and not a publisher or creator) of some content via RSS and other means, supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of Gematry.com. Neither Gematry.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with Gematry.com. Gematry.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will Gematry.com be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. Gematry.com is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

5. ADVERTISEMENTS AND PROMOTIONS

Gematry.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gematry.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Gematry.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; NO FULL REFUNDS; PARTIAL REFUNDS APPLY

• You expressly agree that use of the site is at your sole risk. Neither gematry.Com, its subsidiaries, its other affiliates nor any of their respective employees, agents, third-party content providers warrant that the site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the site.
• The site, including, without limitation, any blogs, and gematria calculators, is provided on an “As is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms of service.
• To the fullest extent permissible by applicable law, in no event shall gematry.com, be liable to you for any personal injury, property damage, lost profits, lost funds due to use of our predictions, cost of substitute services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the site or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the sites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the site. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed, even, if gematry.com and its affiliates, successors, and assigns, have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that gematry.com, its affiliates, successors, and assigns are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the sites or any other third parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
• We do not offer refunds unless there is a clear judgement from an arbitrator that we did not act in good faith and / or misrepresented facts to you. You are subscribing to our services at your own risk, and you bear all responsibilities for your actions as result of the usage of gematry.com predictions or (any other) services.

7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Gematry.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you or your Account. Gematry.com reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Gematry.com with such cooperation as is reasonably requested by Gematry.com. Gematry.com disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to Gematry.com’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.

8. TERMINATION

Gematry.com may terminate or suspend these Terms of Service at any time without notice to you. Without limiting the foregoing, Gematry.com shall have the right to immediately terminate Your Account in the event of any conduct by you which Gematry.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1-13 shall survive termination of these Terms of Service.

9. TRADEMARKS

Gematry.com, its subsidiaries, and affiliates, own all rights to their logos used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.

10. GOVERNING LAW

The content, blog postings, data, video, and all other material and features on the Site are presented for the purpose of providing entertainment, news and/or information.

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of London, UK applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

11. DISPUTES/ARBITRATION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Gematry.com and you agree that these Terms of Use affect international commerce and that the international arbitration acts [London, UK] govern the interpretation and enforcement of these arbitration provisions.

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, BLOG POSTINGS, predictions, services, and/or technology on or through the Site, Gematry.com or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Gematry.com by email to dispute@gematry.com AND by Mail to Gematry.com, 373 S Willow Street, #189, Manchester, NH 03103. To the extent that Gematry.com has your contact information, it will send any such notice to you by Mail, or otherwise to your email address. Gematry.com and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Gematry.com and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Gematry.com or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites. All of your concerns, questions and/or issues MUST be addressed directly to Gematry.com staff by using the Tab ‘Contact Us’ or by sending an email at dispute@gematry.com. Once we have been contacted DIRECTLY, we will put our best efforts to resolve your issue within 24 hours! If you decide to seek a 3rd party assistance to resolve any problems with us, like PayPal, for example, without first consulting and contacting Gematry.com, we will view this, as an unfriendly gesture, and therefore, Your Membership will be terminated immediately, and ALL provisions of Sections 1-13 shall survive the termination of these Terms of Service and Your Membership.

Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Gematry.com and you arising under these Terms of Use or in connection with your access to, and/or use of the Site, and/or the provision of content, blog postings, predictions, services, and/or technology on or through the Site, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in London, UK. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration.

Arbitration shall be initiated in London, UK, EU, and Gematry.com and you agree to obey the jurisdiction of any relevant court for such matters in London, UK, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the relevant rules that apply in such proceedings in London, UK. You are responsible for all costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless Gematry.com is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Gematry.com and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction in London, UK. The arbitrator must follow the Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, Gematry.com and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose.

In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Gematry.com and you agree to waive, to the fullest extent allowed by law, any trial by jury.

The terms of these arbitration provisions will also apply to any claims asserted by you against Gematry.com to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

12. CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Gematry.com and you agree that Gematry.com and you will resolve any disputes, claims or controversies on an individual basis and that any claims brought under these Terms of Use in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Gematry.com and you further agree that Gematry.com and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in a relevant court located in London, UK.

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of Gematry.com to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

13. MISCELLANEOUS

These Terms of Service and any operating rules for the Site established by Gematry.com constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of Gematry.com, its subsidiaries, other affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site from any location other than the UK, you accept full responsibility for compliance with all local laws. 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. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

Neither Gematry.com nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
 
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