Gavel International Corporation
Disclaimers and Conditions and Terms of Use

The following Disclaimers and Terms and Conditions of Use (the “Terms of Use”) govern you and your use of the gavelintl.com website (the “Site“) and all individual client program (hereinafter the “Program”) registration sites (“Registration Site(s)”), which are made available by Gavel International Corporation (the “Company”) (“we”, “us” or “our”) and the services that we provide or offer on or through the Site or a Registration Site (the “Services”).

BY CHOOSING TO USE THE SITE, REGISTRATION SITES OR SERVICES, YOU ACKNOWLEDGE AND CERTIFY THAT:

• YOU HAVE READ THESE TERMS OF USE, WHICH EXPRESSLY INCORPORATE OUR PRIVACY POLICY.
• YOU AGREE TO BE BOUND BY AND COMPLY WITH OUR TERMS OF USE AND OUR PRIVACY POLICY.
• YOU ARE OR ARE OLDER THAN THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE AND ARE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, PLEASE LEAVE OUR SITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY.

Please note that our Terms of Use and our Site’s Privacy Policy do not identify or govern the terms of use or privacy practices of any third party, even if we provide links to a third party’s website in our Site, Registration Sites or elsewhere. Any information you provide to a third party will be governed by that third party’s terms of use, privacy policy and practices.

By using the Site or a Registration Site, you accept and agree to these Terms of Use governing your use of the Site and the Registration Sites. If you do not agree to these Terms of Use, you may not use the Site or any Registration Site.

We may change the Terms of Use from time to time as further provided herein, without notice to you.

1. Contact Information. 

If you wish to contact us concerning these Terms of Use or any aspect of our Site, Registration Sites or our Site’s Privacy Policy incorporated herein, please contact us at:  800.544.2835.

2. Our Service. 

Our Site and Registration Sites: Our Site and individual Registration Sites allow you to register for our travel and incentive programs and newsletters. and you may be asked to provide certain information (as further described below) so that we may contact you about our products and services. Personal information (as described below) collected in connection with your use of the Site or the Registration Sites may be used to populate the program application(s) that we use for our programs subject to our Site’s Privacy Policy (https://www.gavelintl.com/privacy-policy/) incorporated herein.

3. Use of the Site. 

During your use of the Site or the Registration Sites, you may be asked to provide personal information or data to us (including but not limited to (1) your name, telephone number, email address, or home or other physical address, and usage details regarding your internet connection and the physical equipment you use to access the Site and Registration Sites; (2) your credit or debit card number, card expiration date, CVV code, check payment information, and billing/payment account address, frequent flier and reward programs numbers; and (3) sensitive personal information concerning your medical history, recent travel history and social habits relevant to your current medical health and/or COVID-19 status) in order to register for our Services, attend the Program, receive newsletters and other information about our products and services, or otherwise assist with your needs.

Our information collection and use policies with respect to the privacy of personal information are set forth in the Site’s Privacy Policy (https://www.gavelintl.com/privacy-policy/) incorporated herein by reference. Please read our Site’s Privacy Policy before submitting any personal information. By using our Site and Services, you acknowledge and agree that you have the right to disclose the personal information and any other data you submit, that you are solely responsible for the accuracy and content of all personal information and any other data you submit, and shall be solely responsible for any and all damages related to, caused by or resulting from any inaccuracies therein or incompleteness thereof.

We may retain your information for the duration of your business or other relationship with us, and for a period thereafter to allow you to continue to your business relationship with us in the future, to analyze the data for our own operations, and for historical and archiving purposes.  However, we shall not be responsible for maintaining any information that you provide to us, and we may delete or destroy any such information at any time.

We may collect information or data about you from various third parties, such as third parties whom we use to provide Services to you.  From time to time, we may use third-party data to supplement the information or data of yours which we possess. 

4. Security Features.

You are prohibited from violating or attempting to violate any security features of the Site or any Registration Site, including, without limitation: a) conducting or supporting illegal activity of any type whatsoever; b) transmitting or storing worms or viruses or any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or intimidating others; d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Registration Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”, unless such interference is for the purpose of complying with another section of these Terms of Use; e) delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements, including, without limitation, promotions, or advertisements for products or services; f) decompiling, disassembling, reverse engineering or otherwise reduce or attempt to reduce to a human-perceivable form or discover any of the source code used by the Company in providing the Site or Registration Sites; g) disguising the origin of any content transmitted through this website or manipulating your presence on the Site or Registration Sites; h) causing the launch of any automated system(s) that accesses this website in a manner that sends more request messages to servers of the website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (j) attempting to probe, scan, or test the vulnerability of the Service, the Site, or Registration Sites or any associated system or network, or to breach security or authentication measures without proper authorization; or (k) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Program. Any violation of system or network security may subject you to civil and/or criminal liability.

Your use of the Website and Services is, at all times, expressly conditioned on your compliance with these Terms of Use, as well as all applicable laws, rules, and regulations. Your failure to comply with these Terms of Use, as well as all applicable laws, rules, and regulations, may result in termination of your access to the Site, Registration Sites and the Program.

We reserve the right to terminate your use of Site, Registration Sites and/or Services in our sole and absolute discretion.

5. Accessing Our Site and Registration Sites.

The Site is not directed at children, and we do not solicit or knowingly collect any personal information from children under the age of eighteen (18).  You must be at least eighteen (18) years of age or older and live in the United States in order to use this Site or any Registration Site. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through this Site or any Registration Site, for any purpose, including seeking information or services.

We are not responsible for monitoring or seeking verification of user qualification or age. However, if we learn that we have obtained information from a person under the age of eighteen (18), we will delete that information or data.

6. Exclusive Ownership Rights. 

The content and information posted on our Sites and Registration Sites and made available through our Services (“the Content”), and any copyrights, trademarks, service marks, or trade names, whether registered or not, are the property of the Company.  We solely own and control all copyright and intellectual property rights on our Site and Registration Sites or have received the permission to use them from other third parties. We do not grant or imply any ownership of the Site or the Registration Sites or their Content to you. You may view the Content on the Site or a Registration Site on your personal computer or other internet device and make copies or prints of the content on the Site or a Registration Site for your personal, non- commercial use only, so long as you do not alter these materials and that you ensure that any such copy acknowledges the Company as the original source. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site or any Registration Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners. When you use the Site, Registration Sites or Services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any our or any third party’s intellectual property rights.  We will immediately suspend and/or terminate any user who is found to have infringed our or a third party’s intellectual property rights while using the Site, Registration Sites or Services.

7. Copyright Notice.

If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. User Accounts.

We may enable you to establish an account on the Site or a Registration Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site or any Registration Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

9. Website Content.

The Site and Registration Sites contain general information provided “as is” and without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to any health or medical information on the Site or Registration Sites, whether related to COVID-19 or otherwise. You must not rely on the information as an alternative to medical advice from your doctor or other professional healthcare providers. You should seek immediate medical attention if you think you may be suffering from an injury or any other medical condition. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in this website or any materials provided by the Company or its representatives, none of which is intended to be a substitute for medical diagnosis, advice or treatment.

You should consult with your doctor or another health care provider if you are considering participating in any programs or services provided on the Site or Registration Sites. Neither the Company nor its representatives is providing any medical advice with the information set forth on the Site or Registration Sites or with other information or materials that may be provided over the phone or in email correspondence. No advice, ideas or suggestions should be inferred from this information or from any customer testimonials which may be contained on the Site or Registration Sites and we shall not be held liable for statements or claims made by customer testimonials which may be contained on the Site or Registration Sites.

If you suspect that you have a medical condition or are seeking help for a specific disease, consult a qualified medical professional.

10. Disclaimer of Warranties 

All content, materials and Services provided on this Site and Registration Sites, without limitation, are made available on “as is, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. 

To the maximum extent permitted by law, we hereby expressly disclaim any and all such warranties, express and implied. We do not warrant that the Site, Registration Sites or the Services, content, functions or materials contained therein will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the Site or any Registration Site will meet users’ requirements. If you should be dissatisfied with the Site, your sole remedy is to discontinue use. You should not rely on the Site or Registration Site to maintain any user data. You should retain all such data and information in your own records for use in the event that the Site fails or is unavailable, or the data or information is lost.

11.    Limitation of Liability 

You assume the risk of any and all damage or loss from use of, or inability to use, the Site and Registration Sites and Services provided therein. Neither Gavel International Corporation nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of this site. You waive, release and discharge the Company and/or our directors, affiliates, officers, employees, agents, volunteers, representatives, successors and assigns from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for your death, disability, personal injury, illness, property damage, property theft, or actions of any kind which may hereafter occur to you including while all related and incidental travel (and travel to and from) the Program. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, loss of employment, and claims of third parties. You indemnify, hold harmless, and promise not to sue the Company and/or or our directors, affiliates, officers, employees, agents, volunteers, representatives, successors and assigns, from any and all liabilities or claims made as a result of your participation in the Program, whether caused by negligence or otherwise.

To the fullest extent permissible under applicable law, in no event shall we or any of our directors, officers, or employees, or those of our agents, affiliates, or content or service providers (hereinafter associated entities) be liable for damages of any kind whatsoever including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or punitive arising from, or directly or indirectly related to, your use of or inability to use this Site or its content, materials and functions. Without limitation, no liability shall arise from any loss of revenue or anticipated profits or lost business or lost sales, even if we and/or our associated entities are advised of the possibility of such damages. Some jurisdictions do not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. In such case, the maximum liability of us shall not exceed the amount paid by you for access to this Site and any Registration Site. In no event shall we or our associated entities be liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site or any Registration Site. The Company shall be not held liable for any improper or incorrect use of the information or services on the Site or Registration Sites and assume no responsibility for anyone’s use of the information or services.

This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this Site or Registration Sites, or by using this Site, Registration Sites, or Services.

12.    Links from our Site.

Our Site and Registration Sites may contain links to other third-party websites or services. We provide these links for your assistance and information and as a convenience only. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials. We do not endorse any of these sites or their products, are not responsible for their content, and do not make any representations or warranties regarding the materials and products being sold on such linked third-party websites.

You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website – or for any of the goods, services, or advertising available from these sites, and that we expressly disclaim any and all warranties, express or implied in connection with the information contained therein. We encourage you to review these third parties’ terms of use and privacy policies.

Should you decide to access or rely on information at linked third-party websites and/or purchase their products and/or services, you do so at your own risk.

13.    Applicable Laws. 

We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other nations or other locations. By employing the Site and Registration Sites and Services, we do not consent to jurisdiction, venue, or choice of law in or of any jurisdiction. Any dispute with respect to or arising from the Site, Registration Sites or Services shall be governed by the laws of the State of Illinois without regard to its laws relating to choice of laws.

Persons who choose to access this Site or the Registration Sites from other locations do so on their own initiative and are responsible for all aspects of compliance with local laws. These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Illinois, without giving effect to the State of Illinois’s conflict of laws principles. You agree that any dispute arising from and relating to your use of the Site, Registration Sites and/or Services or that may arise under our Terms of Use shall commence and be heard in the appropriate court in the State of Illinois. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court to be unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site, Registration Sites, Services or the Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

14. Effective Date and Modifications.

We reserve the right change, add, modify, or remove portions of these Terms of Use at any time, without notice to you, by posting such changes on the Site, which shall become effective as of the effective date at the bottom of this page, and/or Registration Sites. You are responsible for reviewing these Terms of Use prior to each use of the Site or any Registration Site. By continuing to use the Site or any Registration Site, you agree to be bound by any such modifications to the Terms of Use.

Last Updated: October 2020