Gusto Technologies, Inc Terms of Service (End Users)

Gusto Technologies, Inc. (“Gusto Technologies, Inc” or the “Company”) offers Gusto Technologies, Inc (the “Service”) according to the terms of service (the “Terms of Service”), as well as the privacy policy (the “Privacy Policy”), which together constitute an agreement (the “Agreement”) declared below. The Company reserves the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms will result in termination of your account.

1. General Terms
   1. The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Service.
   2. The Company may prohibit any user from using the Service in its sole discretion at any time for any reason, and is not liable for any damage or loss resulting from such prohibition.
   3. You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions.
   4. You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
   5. You may not use the Service to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
   6. You may not exploit the Service to access unauthorized information.
   7. Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination.
   8. Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
   9. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
   10. This Terms of Service constitutes the entire agreements between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.
   11. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to principles of conflicts of law. You and the Company each agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in the state or federal courts in and for Boulder County, Colorado, and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.


2. Modification to Service
   1. The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.


3. User Conduct and Submissions
   1. Subject to the license granted below, any remarks, ideas, graphics, photographs, or other information (collectively, “Content”) communicated to the Account Holder (as defined below) and posted on the Service in a Hosted Area (as defined below) belong to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
   2. You give the party (the “Account Holder”) who owns the domain name as hosted on the Service in which you post your Content (the “Hosted Area”) a non-exclusive, royalty-free, worldwide, perpetual, irrevocable , fully-sublicensable license to publish and use your Content. In addition to the right to publish, you also grant the Account Holder under said license the following rights, without limitation: (i) the right to reproduce or copy or create derivative works thereof; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; (v) the right to film, perform or post the Content in any media, and (vi) the right to use or incorporate all or any part of the Content in any products or services of the Account Holder (whether or not associated with the Service). Except as described in our Privacy Policy, neither the Company nor any Account Holder will be required to treat any Content as confidential. By posting Content you hereby waive any and all rights to be compensated by Gusto Technologies, Inc or any Account Holder for such Content.
   3. In order to operate and improve the Service, the Company needs the right to make certain uses of your Content as well. Therefore, when you post Content in any Hosted Area, you also agree to grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your Content on the Service and on services affiliated with the Service regardless of the form of media used or of whether such services now exist or are developed in the future.
   4. The submission of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You understand that the Account Holder may be working on the same or similar Content, that it may already know of such Content from other sources, that it may simply wish to develop this (or a similar Content) on its own or it may have taken/will take some other action. In return for the Account Holder’s review and consideration of your Content, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted:
      1. The Content represents your own original work. You have all necessary rights to disclose the Content to the Account Holder. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by the Account Holder’s review and/or use of the Content.
      2. You understand that disclosure of Content to the Account Holder does not establish a confidential relationship or obligate the Account Holder to treat your Content (or any related materials) as secret or confidential.
      3. You understand that the Account Holder has no obligation, either express or implied, to develop or use your Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of your Content, related ideas or ideas derived from your idea. You understand that the Account Holder assumes no obligation with respect to any of your Content unless and until the Account Holder enters into a written contract with you, and then only as expressed in that contract. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
      4. If your Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact to the Account Holder. To the extent you hold a patent in the Content, the Account Holder acknowledges that no license under any patent is herein granted to the Account Holder. Any license to use a patented Content shall be in the form of a written contract, in which event the Account Holder’s obligations shall be only those expressed in such contract.
      5. The Account Holder will give your Content such consideration as is warranted by its sole judgment. The Account Holder’s review of your Content shall not be construed as any recognition of the novelty or originality of the Content. The Account Holder is not obligated to give reasons for rejecting your Content or to reveal the Account Holder’s activities that are related to the subject matter of the submitted Content.
      6. Neither the discussion or negotiations between the Account Holder and you relating to the possible purchase or license of the Content, nor the making of any offer for the purchase or license of the Content, shall prejudice the Account Holder in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Content. Further, the Account Holder’s consideration or its discussions or negotiations with you will not in any way impair the Account Holder’s right to contest the validity or infringement of your rights.
      7. You acknowledge that the Account Holder, directly or indirectly, may (i) be working on the same Content or a similar Content to the Content, or (ii) already know of such Content from other sources, or (iii) simply wish to develop this Content or as similar to the Content on its own.
      8. You hereby irrevocably release and forever discharge the Company and all Account Holders and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Company and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
   5. The Company has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. The Company also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such Content.
   6. The Company reserves the right to remove any Content from the service, at its sole discretion, including unacceptable content.
   7. Examples of unacceptable Content or behavior on the Service include:
      1. abuse, harassment, threats, flaming or intimidation of any person or organization
      2. engaging in or contributing to any illegal activity or activity that violates others’ rights
      3. use of derogatory, discriminatory or excessively graphic language
      4. providing information that is false, misleading or inaccurate
      5. hacking or modifying the Company Service or another Web site to falsely imply an association with the Company
      6. implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
      7. transmitting worms, viruses or harmful software
      8. sending spam
      9. disclosing personal or proprietary information of another user, person or organization.


4. The Company cannot control all Content posted by third parties to the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may use the “Flag for review” feature on any topic or reply. Urgent issues can be reported to support [at] Gusto Technologies, Inc [dot] com.


5. Use of the Service is also governed by our privacy policy.


6. Copyright, Ownership, and Data Security
   1. The Company owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by the Company.
   2. The Company is not liable for any damages or losses resulting from the Service transmitting information such as invoices and personal messages over unencrypted networks such as email.
   3. The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s copyright agent:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the site;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
      The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
      By mail:
      Copyright Agent
      Gusto Technologies, Inc.
      1345 Stoneham St.
      Superior, CO 80027
      By email: Shane [at] GustoTechnologies [dot] com
      


7. Other Terms
   1. Representations and Warranties. Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of such party; and (c) it has obtained and shall maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations.
   2. Indemnification. Each party agrees to defend, indemnify and hold the other party and its affiliates harmless from and against any third-party claim and any related losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of the breach of any representations, warranties or covenants made by such party herein, or out of such party’s negligence or willful misconduct. Each party (the “Indemnified Party”) reserves the right, at the other party’s expense, to assume the exclusive defense and control of any matter for which the other party is required to indemnify the Indemnified Party and the other party agrees to cooperate with the Indemnified Party’s defense of such claims.
   3. Gusto Technologies, Inc Warranties; Disclaimers. Gusto Technologies, Inc hereby represent and warrants that neither the Service nor use of the Gusto Technologies, Inc Platform as contemplated herein will infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, GUSTO TECHNOLOGIES, INC MAKES NO WARRANTY,EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATIONADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES ORCONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULARPURPOSE. GUSTO TECHNOLOGIES, INC DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, ANDACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
   4. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITEDTO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITSAFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCHPARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILLEITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES,LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHERIN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THEAMOUNTS PAID BY ACCOUNT HOLDER TO GUSTO TECHNOLOGIES, INC HEREUNDER.


8. Amendment to Terms of Service Applicable to Governmental Users/Members
   If you are an employee of the federal government of the United States and are using Gusto Technologies, Inc for official government work, the TOS is amended as follows: Amendment to Gusto Technologies, Inc Terms of Service

Effective 14th June 2011

This privacy policy discloses the privacy practices of Gusto Technologies, Inc. (“Gusto Technologies,” “we,” “our” or “us”), which owns and operates various sites on the World Wide Web, including without limitation GustoTechnologies.com and FitTripApp.com, (collectively, the “Gusto Technologies Websites”). Your access to and use of the Gusto Technologies Websites and all the services provided via the Gusto Technologies Websites (collectively, the “Gusto Technologies Services”) are subject to Gusto Technologies Terms of Use and all applicable laws.

This privacy policy describes how Gusto Technologies collects, uses, and shares information about you that it obtains in connection with providing Gusto Technologies Services to you.

What information is collected

In order to enhance your user experience and improve the Gusto Technologies Services, Gusto Technologies collects information about you from two sources: (i) information you affirmatively give to us; and (ii) information automatically collected when you visit any of the Gusto Technologies, Inc Websites or use any Gusto Technologies, Inc Services. Third parties may also collect your information in connection with your use of Gusto Technologies, Inc Services.

Information you give us

When you sign up for Gusto Technologies Services, we may ask you to provide certain information about yourself such as your name, email address, billing address, and company name or affiliation. You can view all of the information collected during the registration process by visiting the registration page. You may modify or remove any of your personal information at any time by logging into your account and accessing features that will allow you to edit your profile and account Information.

After you provide such information and set up your account, we may ask you to provide additional information about yourself on an optional basis. We may ask you for certain financial information, including credit card account data or other payment method data, to process payments for some of our services. Gusto Technologies, Inc may collect any communication it has with you via any means, including e-mail, telephone, and letters.

By choosing to provide any information to us, you are giving Gusto Technologies permission to use and store such information consistent with this privacy policy.

Information we collect automatically

In addition, Gusto Technologies automatically collects information about your interactions with the Gusto Technologies Websites and Gusto Technologies Services. For example, Gusto Technologies may log information from your computer and browser, such as your IP address, profile information, aggregate user data, browser type, software and hardware attributes, pages you request, and cookie information. By using the Gusto Technologies Services, you are giving Gusto Technologies permission to use and store such information consistent with this privacy policy.

Cookies

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Information collected by third parties

Gusto Technologies, Inc may use services that collect data remotely by using “pixel tags,” “web beacons,” “clear GIFs,” or similar technologies. Such technologies can recognize certain types of information on your web browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed them and the IP address of the computer from which you viewed them.

Gusto Technologies Services may be linked to or provided through third party websites. Gusto Technologies is not responsible for the privacy policies and/or practices on such third party websites. When linking or accessing such websites, you should carefully review the privacy policy of such third party to determine how it handles information it separately collects from you.

How information is used

Gusto Technologies uses the information it collects from you to deliver Gusto Technologies Services to you and continuously enhance your user experience. Generally speaking, we use the collected information to communicate with you, fulfill your requests, customize the content, improve our products and services, protect our and your rights, and comply with laws and regulations.

We may use your personal information to send you promotional information and updates regarding Gusto Technologies and its products and services. You may choose not to receive such information and opt-out of such future communications by emailing Support (at) GustoTechnologies (dot) com. All such communications sent to you will also contain instructions for opting-out.

The information that we collect from you may be used in aggregate form in various ways to optimize and improve Gusto Technologies Services. While such information may be based on information about you, it will not identify you personally. We may use such information for the following purposes: website management, administration and security, promotional activities, and research and analysis.

With whom information is shared

Public Information

Gusto Technologies may share as it sees fit information that you voluntarily make public, including information that you post on any blogs, message boards, chat rooms or other similar forums, whether or not such forums are owned by Gusto Technologies. Since such public information can be accessed by the public and used by any member of the public, such use by third parties is beyond the control of Gusto Technologies.

Personal Information

Gusto Technologies is partners with Mio Global and Magellan (the “Partners”). All personal information provided to with Gusto Technologies is subject to be shared with our Partners. Personal information accessed by the Partners will be subject to their Terms of Service and Privacy Policy.

If we have your express consent, Gusto Technologies may share your personal information that it collects with business partners, and other third parties that are not affiliated with Gusto Technologies. Note that if you sign up for service from one of our affiliates, we may ask for your consent to share with such third party partner certain of your personal information. While Gusto Technologies is not responsible for the acts of such partners, we encourage all of our partners to adopt privacy policies that protect against the disclosure of personal information to third persons.

Gusto Technologies, Inc may disclose your personal information without asking for your consent in order to protect the legal rights of Gusto Technologies, Inc or its affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of users of the Gusto Technologies, Inc Services or to enforce our Terms of Use; to protect against fraud or for risk management purposes; or to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by Gusto Technologies, Inc or another user of the Gusto Technologies, Inc Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who uploaded, stored, or transmitted the material addressed by the communication.

Also, in order to provide goods or services that you have requested or to complete a transaction at your request, Gusto Technologies, Inc may share your personal information with its third party service providers, including companies that assist with payment processing, business analytics, data processing, account management, and other services. We require these companies to agree that they will only use personal information about you that they have obtained from us to provide us with specific services that we have requested and not for any other purpose.

Non-Personal Information and Aggregate Data

Gusto Technologies, Inc may share with third parties your personal information and related aggregated data. For example, Gusto Technologies, Inc may share IP addresses of its users to provide anonymous aggregated data to business partners about the volume of use on the Gusto Technologies, Inc Services and the specific Gusto Technologies, Inc Services in which users are most interested. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.

Change of Control

If Gusto Technologies, Inc sells all or part of its business, or makes a sale or transfer of assets, or is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, Gusto Technologies, Inc may transfer your personal information and non-personal information to one or more third parties as part of such transaction.

How you can control the information we collect, use and share

You have the choice about whether to disclose your personal information or other information about yourself to Gusto Technologies, Inc. Regardless of your choices with respect to promotional communications and updates regarding content, Gusto Technologies, Inc may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.

You can change your privacy settings at any time by accessing the settings in your user profile. You may delete your Gusto Technologies, Inc account, in accordance with our Terms of Use, by accessing the settings in your user profile. Please note that, if you cancel your account, Gusto Technologies, Inc may retain some information about you but will discontinue posting such information on the Gusto Technologies, Inc Websites.

How information is protected

Your Gusto Technologies, Inc accounts may be secured by member-created passwords, in which case reasonable precautions are taken to ensure that your account information is kept private. You are responsible for keeping your passwords confidential. We ask you not to share your password with anyone. Gusto Technologies, Inc uses reasonable measures to protect your information stored within our databases, and we restrict access to such information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Any payment transactions will be encrypted using SSL technology. Despite these efforts, please note that we cannot ensure or guarantee the security of your information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time.

Users from outside the United States

Gusto Technologies, Inc and its Gusto Technologies, Inc Services are based in the U.S., and our offices are headquartered in the U.S. Please be aware that information you provide to us or we obtain as a result of your use of the Gusto Technologies, Inc Services may be processed and transferred to the U.S. and be subject to U.S. law. This information may also be processed by staff working for us or for one of our suppliers in the U.S. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using our website, participating in any of the Gusto Technologies, Inc Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. Gusto Technologies, Inc will take all steps reasonably necessary to ensure that you data is treated securely in accordance with this privacy policy.

US-EU Safe Harbor Framework

Gusto Technologies, Inc complies with the US-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Gusto Technologies, Inc has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/.

In compliance with the Safe Harbor Principles, Gusto Technologies, Inc commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact Gusto Technologies, Inc at:

Gusto Technologies, Inc.
1345 Stoneham St.
Superior, CO 80027
Support (at) GustoTechnologies (dot) com
Attn:Chief Executive Officer

Gusto Technologies, Inc has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Gusto Technologies, Inc, you may contact the BBB EU SAFE HARBOR program at the address below:

Council of Better Business Bureaus, Inc.
BBB EU SAFE HARBOR
4200 Wilson Boulevard, Suite 800
Arlington, VA 22203
Phone: 703-276-0100
Web: www.bbb.org/us/safe-harbor-complaints

Changes to this privacy policy

From time to time, we may make changes to this privacy policy. In order to ensure that you are familiar with our most updated policies and practices, you should check the effective date indicated above of this privacy policy each time you use the Gusto Technologies, Inc Services. If we make any changes, we will notify you of such changes by posting the updated privacy policy on the Gusto Technologies, Inc Websites. We may also send you an email alerting you of such changes. You will be bound by any such changes to the policy when you use the Gusto Technologies, Inc Services after those changes have been posted. If we make material revisions concern practices where we have represented that we will obtain your consent to use or disclose your personal information, we will obtain your consent before taking any action inconsistent with those representations.