terms of use

Last Modified: May 2019

Thank you for your interest in GABB.co (the “Website”), a website owned and operated by Get a Bigger Boat, LLC, a Tennessee limited liability company d/b/a GABB (“Company,” “we,” “us,” or “our”). By visiting the Website, registering for a User Account (as defined below) through the Website or making a purchase through the Website you acknowledge that you accept and are subject to the following terms and conditions (these "Terms of Use"). These Terms of Use govern your access to and use of the Website, including any content, functionality and services offered on or through the Website.

Please read these Terms of Use carefully before you start using the Website. By visiting or using the Website, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (the “Privacy Policy”), found at [PRIVACY POLICY URL] and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

access

The Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to these Terms of Use

We reserve the right to revise and update these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. You are bound by such revisions should you continue use of the Website following the posting of revisions to these Terms of Use. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Accessing the Website and Account Security

The Website is designed to provide information and instructional content. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to certain users, including registered users.

You are responsible for both:

·      Making all arrangements necessary for you to have access to the Website.

·      Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information by registering for a user account (“User Account”). It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your user name, password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, photographs, images, videos, audio, text, displays, designs, illustrations, and the design, selection, and arrangement thereof) are owned by GABB, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and purchase our courses for your personal, non-commercial use only and not for further reproduction, publication, or distribution. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The use or misuse of our trademarks, copyrights, patents, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, patent law, communications regulations and statutes, and other laws, statutes and/or regulations. All worldwide rights, titles, and interests in all of our materials on the Website or in our courses are reserved. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or in our courses, except as follows:

·      Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·      You may store files that are automatically cached by your Web browser for display enhancement purposes.

·      You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

·      If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

·      If we provide social media features with certain content, you may take such actions as are enabled by such features.

Notwithstanding, anything herein to the contrary, you must not:

·      Modify copies of any materials taken from the Website.

·      Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text except as expressly provided.

·      Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

·      You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website without our express written consent.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]

Trademarks

The Company name, the terms gabb, the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

·      In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·      For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·      To send, knowingly receive, upload, download, use, or re-use any material that does not comply these Terms of Use.

·      To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

·      To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or social media names associated with any of the foregoing).

·      To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

·      Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

·      Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the materials on the Website.

·      Use any manual process to monitor or copy any of the materials on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

·      Use any device, software, or routine that interferes with the proper working of the Website.

·      Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·      Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

·      Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

·      Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain interactive features that allow users to post, submit, publish, display, or transmit content or materials on or through the Website (“User Contributions”). All User Contributions must comply with these Terms of Use and will be considered non-confidential and non-proprietary. By providing any User Contributions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the royalty-free, worldwide and perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such content or material for any purpose.

You represent and warrant that:

·      You own or control all rights in and to any User Contributions made by you and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

·      All User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content and materials, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions provided by you.

Monitoring and Enforcement; Termination

We have the right to:

·      Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·      Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards section below, infringes any intellectual property right or other right of any other person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

·      Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·      Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

·      Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.


Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions through any interactive services on the Website. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

·      Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·      Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·      Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·      Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy.

·      Be likely to deceive any person.

·      Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·      Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·      Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·      Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·      Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


Reliance on Information

The information and materials presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information or material. Any reliance you place on such information or material is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through the Website are governed by these Terms of Use and any other terms and conditions that you accept when making a purchase on the Website.

We provide refunds by contacting us at [email protected] within 30 days of your purchase. You may be required to provide us with certain information in order to provide such refund (i.e. invoice, account, name, etc.). Refunds are processed within approximately 3 business days of our receipt of notice. Your refund will be credited back to the same payment method used to make the original purchase on the Website, A refund of your purchase will terminate and remove your access to the course material pursuant to such purchase.

Linking to the Website

You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part [without/with] our express [written] consent.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Tennessee in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

THE WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO PRODUCTS, MATERIAL, CONTENT OR SERVICES DISPLAYED. GABB DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAWS. GABB DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. GABB FURTHER DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL RESPONSIBILITY FOR ANY THIRD-PARTY SITES; provided, however, any representation or warranty about any product, material, content or service you may purchase or obtain through the Website shall solely be the representations and warranties, if any, delivered with the product, material, content or service.

Limitation on Liability

IN NO EVENT SHALL GABB, ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE OR ANY LINKED SITES OR PRODUCTS, MATERIAL< CONTENT OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE. IN PARTICULAR, GABB SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE, OR TORT; except as provided solely on or with any product, material, content or service you may purchase or obtain through the Website.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

These Terms of Use and any purchase of products, services or materials through the Website are governed by, and construed in accordance with, the laws of the State of Tennessee without giving effect to any principles of conflicts of law. You agree that any action in law or equity arising out of or relating to these Terms of Use or the use of the Website shall be filed only in the state or federal courts located in Chattanooga, Tennessee, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. You hereby irrevocably consent to the personal jurisdiction of such courts. You waive any objection based on forum non conveniens or any objection to venue of any such action.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Contact

All notice, feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected], 337 Broomsedge Trl, #117, Chattanooga, TN 37405.