TERMS OF SERVICE AGREEMENT



PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 08/18/2015.



ACCEPTANCE OF TERMS



The following Terms of Service Agreement (the “TOS”) is a legally
binding agreement that shall govern the relationship with our users and
others which may interact or interface with Gaco Western, also known as
Gaco, located at 200 West Mercer Street, Suite #202, Seattle,
Washington 98119, and our subsidiaries and affiliates, in association
with the use of the Gaco website, which includes https://gaco.com (the
“Site”) and its Services, which shall be defined below.



DESCRIPTION OF WEBSITE SERVICES OFFERED



The Site is a news and information website

[B1]

which has the following description:



The purpose of this website is to promote and define the offerings and
services of Gaco Western.



Any and all visitors to our site

[BF2]

shall be deemed as “users” of the herein contained Services provided
for the purpose of this TOS.

[B3]



The user
[B4]
acknowledges
and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications
and that those applications may be made available on various social
media networking sites and numerous other platforms and downloadable
programs, are the sole property of

Gaco Western. At
its discretion, Gaco Western may offer additional website Services
and/or products, or update, modify or revise any current content and
Services, and this Agreement shall apply to any and all additional
Services and/or products and any and all updated, modified or revised
Services unless otherwise stipulated. Gaco Western does hereby reserve
the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user
[B5]
,
acknowledge, accept and agree that Gaco Western shall not be held
liable for any such updates, modifications, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued
use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such
updates, changes and/or modifications, and as such, frequent review of
this Agreement and any and all applicable terms and policies should be
made by you to ensure you are aware of all terms and policies currently
in effect. Should you not agree to the updated, modified, revised or
modified terms, you must stop using the provided Services.



Furthermore, the user

[B6]
understands,
acknowledges and agrees that the Services offered shall be provided “AS
IS” and as such Gaco Western shall not assume any responsibility or
obligation for the timeliness, missed delivery, deletion and/or any
failure to store user content, communication or personalization
settings.




PRIVACY POLICY


 


Every member’s registration data and various other personal information
are strictly protected by the Gaco Western Online Privacy Policy
(see the full Privacy Policy at https://gaco.com/privacy/). As a member,
you herein consent to the collection and use of the information
provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by Gaco
Western and/or our subsidiaries and affiliates.


[B8]



CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE



Due to the global nature of the internet, through the use of our
network you hereby agree to comply with all local rules relating to
online conduct and that which is considered acceptable Content.
Uploading, posting and/or transferring of software, technology and
other technical data may be subject to the export and import laws of
the United States and possibly other countries. Through the use of our
network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the
Export Administration Regulations (
http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States
(
http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:


a)    
are
not on the list of prohibited individuals which may be identified on
any government export exclusion report (
http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import
laws and regulations;


b)   
agree
not to transfer any software, technology or any other technical data
through the use of our network Services to any export-prohibited
country;


c)    
agree
not to use our website network Services for any military, nuclear,
missile, chemical or biological weaponry end uses that would be a
violation of the U.S. export laws; and


d)   
agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other
applicable export and/or import laws.



CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES



Gaco Western shall not lay claim to ownership of any content submitted
by any visitor
or user, or make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Gaco Western the
below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:


a)    
The
content submitted or made available for inclusion on the publicly
accessible areas of Gaco Western’s sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform
and/or publicly display said Content on our network Services is for the
sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license
shall be available so long as you are a member of Gaco Western’s sites,
and shall terminate at such time when you elect to discontinue your
membership.


b)   
Photos,
audio, video and/or graphics submitted or made available for inclusion
on the publicly accessible areas of Gaco Western’s sites, the license
provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the
specific area in which this content was placed and/or made available
for viewing. This license shall be available so long as you are a
member of Gaco Western’s sites and shall terminate at such time when
you elect to discontinue your membership.


c)    
For
any other content submitted or made available for inclusion on the
publicly accessible areas of Gaco Western’s sites, the continuous,
binding and completely sub-licensable license which is meant to permit
to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole
or in part, and the incorporation of any such Content into other works
in any arrangement or medium current used or later
developed.



Those areas which may be deemed “publicly accessible” areas of Gaco
Western’s sites are those such areas of our network properties which
are meant to be available to the general public, and which would
include message boards and groups that are openly available to


[B12]
 
visitors

[B13]
 
.



CONTRIBUTIONS TO COMPANY WEBSITE



Gaco Western provides an area for our users

[B14]
 


to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals (“Contributions”) to our site,
you acknowledge and agree that:


a)    
your
Contributions do not contain any type of confidential or proprietary
information;


b)   
Gaco
shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any
Contributions;


c)    
Gaco
shall be entitled to make use of and/or disclose any such Contributions
in any such manner as they may see fit;


d)   
the
contributor’s Contributions shall automatically become the sole
property of Gaco; and


e)    
Gaco
is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.



INDEMNITY



All users herein agree to insure and hold Gaco Western, our
subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or

not liable for any
claim or demand, which may include, but is not limited to, reasonable
attorney fees made by any third party, which may arise from any content
a
[B15]
 


user of our site may submit, post, modify, transmit or otherwise make
available through our Services, the use of  Gaco Services or your connection with
these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.



COMMERCIAL REUSE OF SERVICES



The
[B16]
 
user
herein agrees not to replicate, duplicate, copy, trade, sell, resell
nor exploit for any commercial reason any part, use of, or access to
Gaco’s sites.



MODIFICATIONS



Gaco Western shall reserve the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently,
our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for
any such alteration, modification, suspension and/or discontinuance of
our Services, or any part thereof.



ADVERTISERS



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 shall be solely
between you and any such advertiser. Moreover, you herein agree that
Gaco Western shall 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.



LINKS



Either Gaco Western or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are
not responsible for the availability of any such external sites or
resources, and as such, 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. Furthermore,
you acknowledge and agree that Gaco Western shall 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.



PROPRIETARY RIGHTS



You do hereby acknowledge and agree that Gaco Western’s Services and
any essential software that may be used in connection with our Services
(“Software”) shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which
may be contained in any advertisements or information presented by and
through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as
authorized by Gaco Western or such applicable licensor, you agree not
to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which
are based on Gaco Western Services (e.g. Content or Software), in whole
or part.



Gaco Western herein has granted you personal, non-transferable and
non-exclusive rights and/or license to make use of the object code or
our Software on a single computer, as long as you do not, and shall
not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise
make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any
such right in the Software. Furthermore, you do herein agree not to
alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and
without limitation, for the purpose of obtaining unauthorized access to
our Services. Lastly, you also agree not to access or attempt to access
our Services through any means other than through the interface which
is provided by Gaco Western for use in accessing our
Services.



WARRANTY DISCLAIMERS



YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:


a)    
THE
USE OF GACO WESTERN SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS
AVAILABLE” BASIS. GACO WESTERN AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.


b)   
GACO
WESTERN AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) GACO WESTERN SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) GACO WESTERN SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)
THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE GACO
WESTERN SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY
OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY
BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL
MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.


c)    
ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF GACO
WESTERN SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION
AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY 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.


d)   
NO
ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM GACO WESTERN OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.


e)    
A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC
SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY
BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED
ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR
SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.



LIMITATION OF LIABILITY



YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GACO WESTERN AND
OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES
MAY OCCUR, AND RESULT FROM:


a)    
THE
USE OR INABILITY TO USE OUR SERVICE;


b)   
THE
COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;


 

c)    
UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR
DATA;


d)   
STATEMENTS
OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;


e)    
AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.



SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS



Should you intend to create or to join any service, receive or request
any such news, messages, alerts or other information from our Services
concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of
Liability again. In addition, for this particular type of information,
the phrase “Let the investor beware” is appropriate. Gaco Western’s
content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended
for trading or investing purposes. Gaco Western and our licensors shall
not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted and/or made available by
way of our Services, and shall not be responsible or liable for any
trading and/or investment decisions based on any such
information.



EXCLUSION AND LIMITATIONS



THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU.



THIRD PARTY BENEFICIARIES



You herein acknowledge, understand and agree, unless otherwise
expressly provided in this TOS, that there shall be third-party
beneficiaries to this agreement.



NOTICE



Gaco Western may furnish you with notices, including those with regards
to 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 herein after
developed. 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 constitutes your agreement that you are
deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized
manner.



TRADEMARK INFORMATION



You herein acknowledge, understand and agree that all of the Gaco
Western trademarks, copyright, trade name, service marks, and other
Gaco Western logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of
Gaco Western. You herein agree not to display and/or use in any manner
the Gaco Western logo or marks.



COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
NOTICE


& PROCEDURES



Gaco Western will always respect the intellectual property of others,
and we ask that all of our users to the same. With regards to
appropriate circumstances and at its sole discretion, Gaco Western may
disable and/or terminate the accounts of any user who repeatedly
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)   
The
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 the truth 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 Gaco Western Agent for notice of claims of copyright or other
intellectual property infringement can be contacted as
follows:



Mailing Address:


Gaco Western


Attn: Copyright Agent


200 West Mercer Street, Suite #202


Seattle, Washington 98119



Telephone: 800.331.0196


[BF20]
 


Email:       
customerservice@gaco.com



CLOSED CAPTIONING



BE IT KNOWN, that Gaco Western complies with all applicable Federal
Communications Commission rules and regulations regarding the closed
captioning of video content. For more information, please visit our
website at https://gaco.com.



GENERAL INFORMATION



ENTIRE AGREEMENT


This TOS constitutes the entire agreement between you and Gaco Western
and shall govern the use of our Services, superseding any prior version
of this TOS between you and us with respect to Gaco Western Services.
You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other Gaco Western Services,
affiliate Services, third-party content or third-party
software.



CHOICE OF LAW AND FORUM


It is at the mutual agreement of both you and Gaco Western with regard
to the TOS that the relationship between the parties shall be governed
by the laws of the state of Washington without regard to its conflict
of law provisions and that any and all claims, causes of action and/or disputes, arising out
of or relating to the TOS, or the relationship between you and Gaco
Western, shall be filed within the courts having jurisdiction within
the County of Seattle, Washington or the U.S. District Court located in
said state. You and Gaco Western agree to submit to the jurisdiction of
the courts as previously mentioned, and agree to waive any and all
objections to the exercise of jurisdiction over the parties by such
courts and to venue in such courts.



WAIVER AND SEVERABILITY OF TERMS


At any time, should Gaco Western fail to exercise or enforce any right
or provision of the TOS, such failure shall not constitute a waiver of
such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.



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 within


1 Year year(s) after
said claim or cause of action arose or shall be forever
barred.



VIOLATIONS



Please report any and all violations of this TOS to Gaco Western as
follows:



Mailing Address:


Gaco Western


Attn: Copyright Agent


200 West Mercer Street, Suite #202


Seattle, Washington 98119



Telephone: 800.331.0196



Email:       
customerservice@gaco.com