Terms of service
Hello! Please read the following terms of service agreement carefully.
These Terms of Service (TOS or “Terms”) apply are entered into by and between you and Refinery, a project of GatherLab LLC (“Refinery”, “we”, “us” or “our”). These terms govern your Membership in Refinery, the use of our website (“the Site”), The Refinery Experience (www.therefineryexperience.com), and any other services offered by us whether through the site or otherwise, collectively known as our “Services.”
The following Terms of Service Agreement (the "TOS") is a legally binding agreement concerning the relationship between us and anyone who interacts with the Refinery, a project of GatherLab LLC, with regard to the use of the Refinery Services.
ACCEPTANCE OF TERMS
By visiting or using our Site and Services, you i), acknowledge that you have read and understood these Terms; ii) you you are agreeing to be bound by these Terms, including other terms applicable to your membership and use of this site that are incorporated by reference; iii) your use of the Services does not violate any applicable laws and regulations; iv) You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party; v) You understand, acknowledge and agree that the Services offered will be provided "AS IS.”
Please take the time to read them before proceeding to use of our Services. If you do not agree to all of our terms and conditions, we ask that you refrain from using our sites or services.
From time to time, Members may invite Guests to Refinery-sponsored events. Guests must adhere to the Terms and Conditions of Membership. Guests must remain in the immediate company of their hosting Member at all times and Members are responsible for the actions of their guests.
This terms of service agreement is effective as of January 1, 2019.
REFINERY VISION AND VALUES and COMMUNITY GUIDELINES
The Refinery is a diverse membership community of individuals seeking to connect with each other in social and other modalities to explore, learn and pursue their vocations and avocations. The Refinery provides those opportunities for connection, in addition to other services to support our members in these pursuits. Our core values are Optimism, Curiosity, Wholeness, Kindness and Generosity (outlined in the Ethos Section), along with Respect and Trust.
These core values are incorporated in our Community Guidelines. Our Community Guidelines apply to all of your interactions with Refinery and Refinery members.
By using our services, you and your guests are expected to uphold our Community Guidelines and to work to bring our core values to life in every interaction.
We are a community of members. By using our services, you agree to be bound by these Terms of Service, the Refinery Membership Agreement and all Community Guidelines.
Membership Fees and Payments. By signing up for an account and providing your payment information, you agree to pay all fees as displayed to you at the time you create your account. All memberships are annual, even if you have chosen to pay membership dues on a monthly or quarterly basis. Except as provided in the Membership Terms and Conditions, all Memberships are non-refundable and non-transferrable unless otherwise specified in writing by the Refinery/GatherLab LLC.
A valid credit card, as well as authorization for automatic, recurring payments (or Autopay) are required. In limited cases, upon request, we will consider other forms of payment (including ACHs on checking accounts from a US banking institution, etc.).
You acknowledge and agree that the payment instrument provided by you will be automatically charged the fees and any other amounts you may incur or be liable for in connection with your membership agreement and these TOS.
Our payment page is powered by third party service providers. The information provided to these service providers is governed by their respective Terms of Service and Privacy Policies. We are not responsible for the performance of our service providers. In the course of your use of the Services, the third party payment service providers may receive and implement updated credit card information from your credit card issuer to prevent your membership from being interrupted due to outdated credit card information.
Automatic Renewal, Invoicing and Additional Fees. Membership is automatically renewed on the annual anniversary of your initial joining of the Refinery unless cancelled. Should you choose to pay on a monthly or quarterly basis, you will be automatically invoiced monthly or quarterly, in advance.
The Fees applicable to Your account may be subject to modification from time to time pursuant to notice provided by us at least thirty (30) days in advance of the date on which Your membership renews (“Renewal Date”). Your continued use of the services following such notice and through the Renewal Date constitutes your agreement to such modified fees. You may at any time cancel your account if you do not agree to any modified fees. All fees must be paid in U.S. Dollars and are non-refundable subject to the provisions of the Membership Agreement and these Terms of Service.
Personal Use. Purchase of a membership is for your personal use only. Transfer of Membership to other persons is prohibited.
Cancellation or Suspension of Membership. We reserve the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the Terms.
Dues shall be refunded on a pro-rated basis solely in the event that Refinery and GatherLab LLC discontinue the Refinery services prior to the end of your pre-paid membership period.
USE OF SERVICES/NO UNLAWFUL or PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms. In the event we feel that you have breached these Terms, we reserve all rights to taking further action including terminating membership and use of this site and taking further legal action as necessary.
You agree that when participating in or using the Services, you agree not to:
Use the Services or actively solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use.
Perform any activity that is reasonably likely to be disruptive, damaging or dangerous to other Members, their guests, their personal property or to Refinery/GatherLab employees and contractors, or the premises we use for our events, or our property.
Use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party or interfere with any other party’s use and enjoyment of any Services.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten, call for violence, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Refinery Services;
Share information regarding other Members that you obtain from events or membership directory.
Share your username and password, or otherwise permit others to gain access to the proprietary sections of this site
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Use the Refinery name, trademarks, logos, or likeness without our prior written consent;
Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
Restrict or inhibit any other user from using and enjoying the Services;
Violate any code of conduct of other guidelines which may be applicable for any particular Service;
Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
Violate any applicable laws or regulations
Create a false identity for the purpose of misleading others
AVAILABILITY OF SERVICES
At any time, Refinery and GatherLab LLC may offer additional website Services and/or products, or update, modify or revise our current content and Services. This Agreement applies to any and all additional Services and/or products and any and all updated, modified or revised Services, unless otherwise stated.
Refinery and GatherLab LLC reserves the right to cancel and stop offering any of the aforementioned Services and/or products. You accept and agree that Refinery and GatherLab LLC will not be held liable for any such updates, modifications, revisions, suspensions or discontinuation of any of our Services and/or products.
Your continued use of the Services after we post any updates, changes, and/or modifications means you accept these updates, changes and/or modifications. Because of this, we encourage you to frequently review this TOS, along with any and all applicable terms and policies to make sure you are aware of all current terms and policies.
Should you not agree to the updated, revised or modified terms, please stop using the provided services right away.
DISCLOSURE OF PERSONAL INFORMATION
We reserve the right to disclose your personal information, without prior notice to you, as required by law or when we believe that disclosure is necessary to comply with a law, regulation, or any legal request (e.g. court order or subpoena) served on Refinery and GatherLab LLC. Furthermore, we may share your personal information when we believe it is necessary to address fraud or other illegal or activity prohibited under these Terms perpetrated through the Services, or to prevent imminent bodily harm. However, nothing in these Terms are intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.
The Company uses your personal information primarily for processing and providing you the services included in membership, and processing your payments.
PHOTO AND VIDEO RELEASE
The Company reserves the right to photograph and video record the activities at our events and to further transmit, use, copy, publish, copyright, distribute, and display photographic portraits, photographic likenesses, or pictures, or video recordings in connection with exhibitions, publicity, advertising, educational, and promotional materials, including broadcast over the Internet or television or similar media without reservation or limitation. Members may be included in the video broadcasts, portraits, or photographic likenesses or pictures in whole or in part, in composite or distorted form, with or without name, in color or otherwise, made through any medium.
RECOMMENDATIONS FOR SERVICES
As part of our Services, we will from time to time make recommendations for external service providers to assist our members to further their interests. Our recommendations are based on our experience with these service providers and while we use our best efforts to ensure that these recommendations are suitable and appropriate to the needs our members, Refinery members use these service providers AT THEIR OWN RISK and EXPENSE. Refinery and GatherLab LLC in no way warrant the work product of these service providers, and are in no way responsible for any loss or damage incurred as a direct result of any such dealings
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and only will be between you and any such advertiser. Moreover, you agree that Refinery and GatherLab LLC will not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Refinery and GatherLab LLC may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as a result, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Additionally, you acknowledge and agree that Refinery and GatherLab LLC will not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
In reading this TOS, you acknowledge, understand and agree that all Refinery and GatherLab LLC trademarks, copyright, trade names, service marks, and other Refinery and GatherLab LLC logos and any brand features, and/or product and service names are trademarks and as such, are and will remain the property of GatherLAB. You also agree not to display and/or use in any manner Refinery and GatherLAB logo or marks without obtaining Refinery and GatherLab LLC's prior written consent.
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof.
You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, (1) using the Services does not give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
You also acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services, our members or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for anything that is expressly permitted by applicable law or as authorized by Refinery and GatherLab LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Refinery and GatherLab LLC Services (e.g. Content), in whole or part.
You further agree not to access or attempt to access our Services through any means other than through the interface which is provided by GatherLAB for use in accessing our Services.
You must not access or use for any commercial purposes any part of the site or any services or materials available through the site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
This TOS constitutes the entire agreement between you, Refinery and GatherLab LLC and will govern the use of our Services, superseding any prior version of this TOS between you, Refinery and GatherLab LLC with respect to our Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Refinery and GatherLab LLC Services, affiliate Services, third-party content or third-party software.
MODIFICATIONS AND TERMINATION OF SERVICE
Refinery and GatherLab LLC reserve the right at any time it sees fit to modify, alter and or discontinue, either temporarily or permanently, our service, or any portion of it, with or without prior notice. In addition, we will not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuation of our Services, or any part thereof.
DISCLAIMER OF WARRANTIES
The use of Refinery and GatherLab LLC’s services are at your risk alone.
To the maximum extent permitted by applicable law, Refinery and GatherLab LLC provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with You.
Any information or material downloaded or otherwise obtained through or in relation to Refinery and GatherLab LLC will be accessed by your discretion and risk alone, and as a result, you alone are responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
GatherLAB is not responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and is not responsible or liable for any trading and/or investment decisions based on any such information.
No advice and/or information, whether written or oral, that may be obtained by you from Refinery and GatherLab LLC or by way or from our services will create any guarantee that is not explicitly stated.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall Refinery, GatherLab LLC, or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Refinery and GatherLab LLC, and even if Refinery and GatherLab LLC have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
LIMITATION of LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Refinery and GatherLab LLC or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to the amounts paid by you in dues in the previous calendar year. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You release, and hereby agree to indemnify, defend and hold harmless Refinery and GatherLab LLC and its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, You shall be liable for any attorneys’ fees and costs incurred by Refinery and GatherLab LLC or its respective officers and agents in connection with the defense of such claim or lawsuit.
You acknowledge that you are participating in and/or using Services at your own free will and decision. You acknowledge that Refinery and GatherLab LLC do not have any liability with respect to your access, participation in, use of the services, or any loss of information resulting from such participation or use, and carries no responsibility any property you or anyone else may leave at our events.
Refinery and GatherLab LLC do not have liability for the actions of our members. We do not endorse, support or verify the facts, opinions or recommendations of our members.
WAIVER AND SEVERABILITY
Should Refinery and GatherLab LLC fail to exercise or enforce any right or provision of the TOS at any time, such failure will not constitute a waiver of such right or provision.
In the event that any provision or portion of these Terms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of these Terms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
CHOICE OF LAW AND ARBITRATION
These Terms will be governed by and interpreted according to the laws of the State of California.
THIRD PARTY BENEFICIARIES
By reading these Terms of Service, you acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there will be no third-party beneficiaries to this agreement.
Refinery and GatherLab LLC may send you notices, including those regarding any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be developed in the future. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS establishes your agreement that have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Refinery and GatherLab LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Refinery and GatherLab LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is true and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Refinery and GatherLab LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
The Refinery and GatherLAB LLC
Attn: Copyright Agent
1885 Mission St
San Francisco, California 94103
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed 1 year after said claim or cause of action arose or will be permanently barred.
Please report any and all violations of this TOS to Refinery and GatherLab LLC as follows:
The Refinery, a project of GatherLAB
1885 Mission St
San Francisco, California 94103