Terms of Use

Last Updated June 2019

Thank you for visiting the Gamut website. These Terms of Use (“Terms”) form a binding legal contract between you (“Visitor”) and Gamut and govern Visitor’s use of the Gamut website and any content made available from or through such website, including any subdomains thereof. Please read these Terms carefully.

By using this website and/or any services offered through this website (collectively, the “Service”), Visitor accepts the Terms. If Visitor does not accept the Terms, do not continue to access or use this website. Gamut may change the Terms or introduce new terms and conditions from time to time, in which case Gamut will post an updated version on this Service and will update the “Last Updated” date to reflect the date the changes take effect and, if required by applicable law Gamut will send an email to the registered users of the Service at the address on file. By continuing to use this Service after Gamut posts or provides any such changes, Visitor accepts the Terms, as modified.

Gamut reserves the right to deny access to this Service or any portion of this Service to anyone who violates the Terms, interferes with the ability of others to enjoy this Service, or infringes upon the rights of others.

PRIVACY

Gamut respects the privacy of the users of this Service. Please take a moment to review Gamut’s Privacy Statement.

VISITOR GRANT OF RIGHTS

By submitting, posting, generating or displaying any data on or through the website, Visitor grants to Gamut a nonexclusive, non-sublicensable, nontransferable, nonassignable, terminable, limited license to use the data for the sole purpose of enabling Gamut to provide, maintain, protect, supplement and improve any products or services offered by Gamut.

Security Tools. Visitor acknowledges that Gamut may utilize security tools and protocols (“Tools”) to prevent unauthorized access to and/or copying or use of the materials contained on the website. Visitor shall not modify any such Tools, attempt to bypass the Tools, employ any device or other software products to circumvent the Tools, or take any actions to defeat or assist in the defeat of the purpose of the Tools.

RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE

Limited License to Use Content. The materials available through the Service are the property of Gamut and are protected by copyright, trademark, and other intellectual property laws. Visitor is free to display and print for his or her personal, non-commercial use the content that Visitor receives through the Service, provided that Visitor also reprints any copyright and other rights notices included in such content. Visitor may not otherwise reproduce any of the materials on the Service, nor distribute copies of materials found on the Service in any form (including by email or other electronic means), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on the Service can be sent to this address:  Cox Enterprises Legal Department, Attention:  Dorcas Morris, 6205 Peachtree Dunwoody Road, Atlanta, GA 30328, or to cmgcopyright@coxinc.com.

In addition, the content of the website may contain documents, images, information or other materials not proprietary to Gamut, such as photographs, clip art, film clips, musical passages, audio track or sound effects elements, or the names, likenesses, trade names, trademarks, logos, trade dress or designations of third parties (including past and present affiliates or clients of Gamut). Any use whatsoever of such material is strictly prohibited, unless the prior written permission of the appropriate third parties has been secured or is otherwise authorized by law. Except as expressly provided herein, Visitor may not sell or modify any materials found on this website, or reproduce, display, distribute, transmit, license or otherwise use such materials.

Links. Gamut welcomes links to this Service. Visitors are free to establish a hypertext link to this website so long as the link does not state or imply any sponsorship of Visitor’s site, service, application, or mobile application by Gamut.

Trademarks. Gamut does not want anyone to be confused as to which materials and services are provided by Gamut and which are not. Visitor may not use any trademark or service mark appearing on the Service without the prior written consent of the owner of the mark.

DISCLAIMER OF WARRANTIES AND LIABILITY

VISITOR AGREES THAT VISITOR’S USE OF THIS SITE IS AT VISITOR’S SOLE RISK. BECAUSE OF THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF VISITOR RELIES ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, VISITOR DOES SO AT ITS OWN RISK. VISITOR UNDERSTANDS THAT VISITOR IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO VISITOR’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH GAMUT.

THIS WEBSITE IS PROVIDED TO VISITOR “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” GAMUT AND ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE WEBSITE, THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GAMUT IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY OF VISITOR’S PERSONAL INFORMATION OR DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH THE USE OF THIS WEBSITE. VISITOR IS SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF VISITOR’S PERSONAL INFORMATION AND FOR BACKING UP OR KEEPINGS RECORDS OF ANY INFORMATION PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL GAMUT OR ITS AFFILIATES, EMPLOYEES, MEMBERS, MANAGERS, OFFICERS, AGENTS OR LICENSORS, EITHER DIRECTLY OR INDIRECTLY BE LIABLE TO VISITOR OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, WHATSOEVER,OR COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES, CIVIL PENALTIES AND EXPENSES) (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF GAMUT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO EVERY VISITOR. IN SUCH STATES, THE LIABILITY OF GAMUT AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. VISITOR AGREES THAT THE LIABILITY OF GAMUT AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT VISITOR PAID TO THIS WEBSITE FOR THE USE OF THIS WEBSITE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

ACCEPTABLE USE BY VISITOR

Visitor agrees to not use the website:

1. to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing end users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
2. to engage in, promote, or encourage illegal activity;
3. for any unlawful, invasive, infringing, defamatory, or fraudulent purpose;
4. to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
5. to interfere with the use of the website by other visitors, authorized resellers, or other authorized users;
6. to disable, interfere with, or circumvent any aspect of the Site; or
7. to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings, or other solicitations.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GAMUT OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF GAMUT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO EVERY VISITOR. IN SUCH STATES, GAMUT’S LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT GAMUT’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT VISITOR PAID FOR THE USE OF THE SERVICE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Visitor may opt-out of this Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) by emailing Gamut at dorcas.morris@coxinc.com the following information: (1) Visitor’s name; (2) Visitor’s address; and (3) a clear statement that Visitor does not wish to resolve disputes with Gamut through arbitration. Visitor’s decision to opt-out of this arbitration provision will have no adverse effect on his or her relationship with Gamut, but Gamut must receive this opt-out request within 30 days from the date that Visitor’s first consent to these Terms. Any opt-out request received after this deadline will not be valid and Visitor must pursue his or her dispute in arbitration or small claims court.

UNLESS VISITOR OPTS-OUT OF THESE ARBITRATION PROCEDURES AS SET FORTH ABOVE AND EXCEPT AS OTHERWISE DESCRIBED HEREIN:

VISITOR AND GAMUT EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT

Arbitration

Visitor and Gamut agree to arbitrate – rather than litigate in court – any and all claims or Disputes that may arise between Visitor and Gamut, including any of Gamut’s parent companies or organizations, subsidiaries, affiliates, and each of their managers, owners, officers, directors, employees, or agents. The term “Dispute” means any claim or dispute that may arise out of or in any way relates to Visitor’s relationship with Gamut, including without limitation regarding these Terms, or the Service or products or services that Gamut, its affiliates and/or service providers may provide to Visitor on Gamut’s behalf in connection with Visitor’s use of the Service, including, without limitation, any Dispute based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. However, in no event shall this Arbitration Agreement prevent Visitor, in his or her individual capacity, from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against Gamut. The arbitration between Visitor and Gamut will be binding, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.

Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. This Arbitration Agreement provides that all Disputes between Visitor and Gamut shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, Visitor might otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of Visitor’s right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. The arbitrator’s authority is governed by these Terms. Visitor and Gamut agree that an arbitrator must follow and be governed by this Arbitration Agreement and may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond Visitor and Visitor’s dealings with Gamut and may not include class or collective action relief. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

Notwithstanding this Arbitration Agreement, Visitor and Gamut may bring appropriate claims against each other regarding Disputes in small claims court, if the claims fall within the small claims court’s jurisdiction, or, on an individual and not class or collective action basis, before any other federal, state, or local government agency authorized by law to hear Visitor’s claims.

Informal Dispute Resolution

Visitor and Gamut agree to try to resolve Disputes informally before resorting to arbitration. If the Dispute cannot be resolved by telephone, Visitor agrees to notify Gamut of the Dispute by sending a written description of Visitor’s claim to Cox Enterprises Legal Department, Attention:  Dorcas Morris, 6205 Peachtree Dunwoody Road, Atlanta, GA 30328, so that Gamut can attempt to resolve it with Visitor. If Gamut does not satisfactorily resolve Visitor’s Dispute within 30 calendar days of receiving notice of it, then Visitor may pursue the Dispute in arbitration. Neither Visitor nor Gamut may initiate arbitration without first providing notice to the other of the Dispute and following the informal Dispute resolution procedure provided in this paragraph.

INDEMNIFICATION

Visitor agrees to indemnify and hold Gamut and its affiliates, service providers, and licensors, and all of their respective officers, directors, employees and agents, harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of Visitor’s use of the Service, violation of these Terms by Visitor, or Visitor’s violation of any rights of another. Gamut reserves the right to control the defense of any action for which it is entitled to indemnification hereunder. In such event, Visitor agrees to cooperate with Gamut, at Gamut’s expense, as it may reasonably request in connection with its defense of the applicable claim.

MISCELLANEOUS

Governing Law. By utilizing this website, Visitor agrees that these Terms shall be construed in accordance with the laws of the State of Georgia without regard to its conflicts of laws principles.

No Waiver. Any waiver by Gamut of a breach of any provision of these Terms shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of these Terms. If any one or more of the provisions contained in these Terms shall be held to be illegal, invalid, unenforceable or void in any respect by any arbitration proceeding or court of competent jurisdiction, these Terms and any other provision herein shall not be rendered null and void and shall not be affected or impaired.