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gusto! terms & conditions

Welcome to Gusto.com. To use our services or those offered by any of our affiliates, you must agree to these Terms and Conditions, so please read them carefully. When you visit Gusto.com or the website of any business affiliated with Gusto.com, whether or not included in the Gusto.com website, you will be subject to both these Terms and Conditions and any other terms, conditions and guidelines applicable to such third party websites.

  1. PRIVACY. Please review our Privacy Policy, which also governs your visit to Gusto.com and the information we may collect from you.
  2. ELECTRONIC COMMUNICATION. When you visit Gusto.com or send e-mails to us, you are communicating with us electronically. By communicating with us via e-mail, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Gusto.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  3. COPYRIGHT. All content included on Gusto.com, including but not limited, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of the foregoing, is the property of Gusto.com or its content suppliers. All such content is protected by United States and international copyright laws.
  4. TRADEMARKS. Gusto.com, and other marks on Gusto.com are registered trademarks of Gusto.com, Inc. or its subsidiaries. All other trademarks not owned by Gusto.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gusto.com or its subsidiaries. In addition, you may not use any meta tags or any other "hidden text" utilizing Gusto.com's name or trademarks without the express written consent of Gusto.com.
  5. PATENTS. One or more patents apply to the features and services accessible via Gusto.com , including without limitation: U.S. Patent Nos. [Insert any applicable Patents in this space] and all corresponding foreign counterparts.
  6. LIMITED LICENSE AND PROHIBITED ACTIVITIES. You have a limited right and license to access Gusto.com for your personal use. You may not download any content from Gusto.com (other than page caching) or otherwise modify any content on Gusto.com. This limited license strictly prohibits any resale or commercial use any content on Gusto.com, including any collection or use of any product listings, descriptions, or prices; any derivative use of Gusto.com content; any downloading or copying of account information; and any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any content on Gusto.com for any commercial purpose without express written consent of Gusto.com.

    You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Gusto.com and our affiliates without express written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gusto.com so long as the link does not portray Gusto.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gusto.com logo or other proprietary graphic or trademark as part of the link without express written permission. Any unauthorized use terminates the permission or license granted by Gusto.com.
  7. YOUR ACCOUNT. As discussed further in our Privacy Policy, by using Gusto.com, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
  8. YOUR REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. You may post reviews, comments, other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of the foregoing is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Gusto.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, you grant Gusto.com and its affiliates a nonexclusive, royalty-free to use, modify and publish such content. You grant Gusto.com and its affiliates the right to use the name that you submit in connection with such content, if they choose. By submitting any content to Gusto.com, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Gusto.com or its affiliates for all claims resulting from content you supply. Gusto.com has the right, but not the obligation, to monitor and edit or remove any activity or content. Gusto.com takes no responsibility and assumes no liability for any content posted by you or any third party.
  9. COPYRIGHT COMPLAINTS. Gusto.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the site for instructions on how to make a claim of Copyright Infringement.
  10. RISK OF LOSS. All products and services purchased from Gusto.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier.
  11. PRODUCT DESCRIPTIONS. Gusto.com and its affiliates attempt to be as accurate as possible. However, Gusto.com makes no warranties that the product descriptions and any other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gusto.com itself is not as described, your sole remedy is to return it in unused condition.
  12. OTHER BUSINESSES. Parties other than Gusto.com and its subsidiaries operate stores, provide services, or sell product lines on Gusto.com. We provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Gusto.com does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review all third party privacy statements and other conditions of use.
  13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    THIS SITE IS PROVIDED BY Gusto.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gusto.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

    TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Gusto.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gusto.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Gusto.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gusto.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  14. APPLICABLE LAW. By visiting Gusto.com, you agree that the laws of the state of Missouri, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Gusto.com or its affiliates.
  15. DISPUTES. Any dispute relating in any way to your visit to Gusto.com or to products you purchase through Gusto.com shall be submitted to arbitration in Springfield, Missouri. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate Gusto.com's intellectual property rights, Gusto.com may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
  16. SITE POLICIES, MODIFICATION, AND SEVERABILITY. Please review our other policies, such as our pricing policy, posted on our website. These policies also govern your visit to Gusto.com. We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
  17. OUR ADDRESS
    Gusto.com Inc.
    Customer Care - Privacy Policy Issues
    1440 E. Lark
    Suite G
    Springfield, Missouri 65804