Website User Agreement

Your use of gazelle.com (the "Website") constitutes your acceptance and agreement with these Site Terms, which may be changed from time to time. Updated versions of the Site Terms as they may appear on the Website are effective immediately. You are responsible for regularly reviewing the Site Terms. Continued use of the Website after any such changes constitutes your consent to such changes.

Gazelle is a service made available by Second Rotation, Inc. ("Second Rotation") (any reference to “Gazelle” herein is by implication a reference to and/or binding upon Second Rotation, Inc. only) and all content and information provided on or through the Website may be used solely under the following terms and conditions:

Use of Website and Materials

The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Materials") that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Gazelle or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.

This Website and the Materials on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Materials is strictly prohibited, including without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination without the express written permission of Gazelle or the applicable rights holder. The Materials on the Website may not be used by third parties for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Material. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.

Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

License

Gazelle retains all rights (including Intellectual Property Rights), title and interest in the Gazelle web site, technology, and all underlying technology and data including any enhancements and improvements related to the Website. Users will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Gazelle's technology or delete or alter author attributes or copyright notices. Users shall use the Website solely for their own use and shall not allow others to use the Website under or through that User's login ID/email and password.

By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted Gazelle a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.

Automated Activity

The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Gazelle by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website without the prior expressed written permission of Gazelle and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

Linking

You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Gazelle notice of such link by sending an e-mail to webmaster@gazelle.com and (c) you discontinue providing links to this Website if requested by Gazelle. If you wish to provide links to a section within the Website, you should forward your request to Gazelle at webmaster@gazelle.com and Gazelle will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.

Gazelle Platform Sites: Gazelle4Good™

Gazelle offers the option of creating a distinct website to use Gazelle’s services to assist in fundraising. The website, referred to herein as a “Page”, will be hosted by Gazelle and shall have its own independent URL and will be individually designed by the fundraiser or a third party at the fundraiser’s direction. The Page will incorporate Gazelle’s service requirements permitting a fundraiser to offer Gazelle’s services, pursuant to the Terms of Sale Agreement posted on this Site, to persons looking to donate. The terms and conditions in this section, together with additional terms and conditions applicable to the use of this site, privacy concerns, the terms of sale, or to particular content or transactions that are posted in particular areas of the site, shall govern your use of your Page.

Establishing a Page; Qualifications: Any Registered User at gazelle.com may establish a Page. The Page is to be used for fundraising purposes only. Gazelle will make no determination of a party’s eligibility to act as a fundraiser or the cause(s) which you fundraise for. You acknowledge that Gazelle does not prescreen fundraisers, but that Gazelle and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any fundraiser and the related Page(s). Without limiting the foregoing, Gazelle and its designees shall have the right, without notice, to remove any Page or fundraiser that violates these Terms, is illegal, or is otherwise objectionable as determined in Gazelle's sole discretion.

Required Page Content: Each Page is required to incorporate into its design Gazelle’s logo together with the Product Calculator Tool and other requirements Gazelle deems necessary to complete a transaction. In addition, each Page is required to post these Terms together with the Gazelle Privacy Policy and Gazelle’s Terms of Sale Agreement. Each Fundraiser is required to identify themselves together with their name(s) and address of the party that they have directed Gazelle to pay.

Content Ownership: With the exception of the Required Page Content, Gazelle does not claim ownership of content you place on your Page. By submitting Content to Gazelle for inclusion on Page, you grant Gazelle and its successors and assignees, the worldwide, royalty-free, and nonexclusive license under your copyrights and other intellectual property rights, if any, in all material and content displayed in your Page to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any Gazelle property the results of search queries and comparisons conducted on Gazelle. You also grant Gazelle the right to maintain such content on Gazelle's servers during the term of these Terms and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. You acknowledge that Gazelle does not prescreen Content, but that Gazelle and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content on your Page. Without limiting the foregoing, Gazelle and its designees shall have the right, without notice, to remove any Content that violates these Terms, is illegal, or is otherwise objectionable as determined in Gazelle's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Fundraiser Representations: Each fundraiser creating and designing a Page hereby represents that they own or have been authorized to use any and all content placed on the Page. Each fundraiser acknowledges that Gazelle reserves the right to remove any Page or selected material from a Page if Gazelle determines or is notified that any content placed on a Page is in violation of this representation.

Donating an Item: You agree that you must evaluate, and bear all risks associated with, the use of any Page, including without limitation, any decision to donate an item based upon representation of parties other than Gazelle made on a Page. You acknowledge that you have identified the party that Gazelle has been directed to pay any funds over to (as identified on the Page) and you have decided, without any representations or assurances implied or otherwise, to donate to the fundraiser. You agree with the Terms of Sale Agreement and understand that instead of paying you, Gazelle will pay the party identified on the Page.

Notifications: If you believe there has been any unauthorized use, whether the posting of unauthorized content, the establishing of an unauthorized Page, or a Page in violation of these terms, you should notify Gazelle immediately by emailing webmaster@gazelle.com, calling 877-222-1742 or sending a letter to WEBMASTER, Gazelle, 61 North Beacon Street, Boston, MA 02134.

Disclaimer

Gazelle makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Gazelle communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, Gazelle has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

Warranty, Liability, Indemnification

Gazelle makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Gazelle shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.

THE WEBSITE AND THE MATERIALS ARE PROVIDED BY GAZELLE ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. GAZELLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

IN NO EVENT SHALL GAZELLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. GAZELLE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

GAZELLE DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR THEIR HARMFUL COMPONENTS. GAZELLE'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY GAZELLE SHALL BE CANCELLATION OF YOUR ACCOUNT.

Gazelle reserves the right to revise Materials on the Website and/or to modify any features, specifications, or materials without notice.

Privacy

Gazelle does not sell or rent your personal information to third parties for their marketing purposes without your consent. We use your information only as described in the Gazelle Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Gazelle Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Registration

Certain sections of the Websites require you to register. If registration is requested, you agree to provide accurate, complete registration information. It is your responsibility to make any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Gazelle does not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Gazelle immediately by emailing webmaster@gazelle.com.

Miscellaneous

Gazelle reserves the right to investigate complaints or reported violations of the Site Terms and to take any action Gazelle deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Gazelle reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including but not limited to the right to block access from a particular Internet address to any Second Rotation website. These incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Site Terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. THESE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

Effective Date: June 9, 2009