Gazelle Network

Acceptance of Terms

Gazelle Network is a service, including but not limited to gazellenetwork.com and related software applications (collectively "Software").

By accessing and using the Software, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in these terms, do not use the software in any manner. Gazelle Network reserves the right to limit or terminate your access to the Software if you do not comply with these Terms, or for any reason (for example but not limited to illegal or unauthorized activities and abuse)

Gazelle Network reserves the right to change, modify, update, add, or remove portions of the Terms at any time with or without notice to you. Please check these Terms periodically for changes. Your continued use of the Software after the posting of changes to the Terms means you are accepting those changes.

Privacy Policy and Subscriber Bill of Rights

Who owns my client data?

Plain and simple, you do. You own your data and all the rights to it. When you import your clients into Gazelle, you maintain full ownership rights to all your data. Gazelle does NOT have the right to contact your clients without your permission or use your clients for anything that is not sanctioned by you or one of the users you authorize to access your account.

You have the Right To Be Forgotten

If you opt out and want to remove everything from Gazelle then upon your request we will delete every trace of your data after you cancel your account.

How to Opt-Out: We believe in transparency and privacy. Should you ever decide to end your subscription to the Gazelle Network you have the right to be forgotten. After closing your account provide us written notice from the Administrator(s) of the account. Upon receiving your request the Gazelle Network will permanently erase all traces of you and your client’s data from our servers within 7 days.

Who has access to my data?

Only you and users you authorize to access your account have access to your data. While logged in, users who you designate as an Office Assistants or Technicians have limited access to the data in your account. Only the administrator(s) of the account have full access to all of your data (IE - only administrators have the ability to export client data, set prices, change settings for other users, edit payment information, etc…) In rare circumstances when you request technical support the Gazelle Network may need to access your account directly on the server to resolve an issue (IE - you get locked out of your account or have an issue with your account that requires the attention of our support staff). The Gazelle Network and all of our staff are obligated to respect your privacy and your data by adhering to all the terms of this agreement.

Who can see my pricing data?

Your pricing data important to keep safe. Only you and the administrators on your account have access to your pricing data. Gazelle will never collect or aggregate any of your pricing data. For security and liability purposes we will never access your pricing data without your direct consent.

Will my personal or client data ever be aggregated by the Gazelle Network for marketing, or other purposes?

No, your data is your data and will never be used by the Gazelle Network in a way that you have not authorized. Occasionally, we may send out voluntary surveys to assess how we are doing, how the Gazelle Network has impacted your business, and things of this nature. But these surveys will never be mandatory and we will never disclose any personally identifiable information to the public. For legal purposes Gazelle will track the legal names, addresses, contact information and other generic demographic information about our subscribers; however we will never disclose this to the public. On a limited basis Gazelle does reserve the right to aggregate non-personally identifiable information about our subscribers and their account activity to assist us in operating our website, conducting our business or servicing your account (IE – In order to ensure enough server capacity we need to track the number of emails you are generating from our server, the usage patterns of our subscribers, how much bandwidth is being required in different parts of the country and other things of this nature). But we understand the importance of respecting your privacy and vow to honor your rights.

Will my personal or client data ever be given or sold to a third party?

No. Gazelle Network will not sell, trade, or otherwise transfer to outside parties your personally identifiable information, or your clients personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable information (such as website traffic, number of reminder emails generated by the system, number of users logging into the system, etc…) may be used as it is necessary to run the day to day operations of our business.

What Happens if the Gazelle Network transfers ownership?

The mission of the Gazelle Network is to be a force of good in our industry by helping piano service businesses achieve a greater level of efficiency in the day to day operations of their business, boost their bottom line, and reduce their overhead.

Timothy Barnes and Luke Ehresman are the Co-Founders and equal owners of the Gazelle Network. We are NOT trying to get bought out and if we could provide these services free and still support the software, our families, our users, and our staff; we would. However, in order to support the software and fulfill on our pledge to ensure that it continues despite the rapid pace of technological change, we find it necessary to charge modest subscriptions fees. We are not trying to attract investors; however, in the unlikely event there is a transition of ownership all the terms of this agreement and the subscriber bill of rights will continue to be legally binding on the new ownership.

Account Terms

You must be 18 years or older to use the Software.

You must own a verifiable piano service business or otherwise be a piano service professional. Fake accounts are not allowed. If Gazelle cannot verify that your business is real you will be notified and your account will be temporarily locked until we receive validation that your business exists.

You must provide your legal full name, company name and keep your contact information up to date.

User accounts may only be used by one person. A single user account shared by multiple people is not permitted.

You must assign users in your account according to the intent and descriptions provided. IE – treating office assistants as technicians is not permitted.

You are responsible for maintaining the security of your account and password. Gazelle Network cannot be liable for any loss or damage from your failure to comply with this security obligation.

You may not use the Software for any illegal or unauthorized activities.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. GAZELLE NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GAZELLE NETWORK MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS, CONTENT OR ANY OTHER INFORMATION OBTAINED THROUGH THE USE OF SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) THE SERVICES, THEIR SERVERS OR EMAIL SENT FROM GAZELLE NETWORK OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. IN SOME JURISDICTIONS, DISCLAIMERS OR IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AS THEY RELATE TO IMPLIED WARRANTIES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GAZELLE NETWORK OR ITS AFFILIATES OR SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GAZELLE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OF OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, AUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; OR (G) ANY BREACH OF THESE TERMS OF SERVICE BY GAZELLE NETWORK OR THE FAILURE OF GAZELLE NETWORK TO PROVIDE THE SERVICES UNDER THESE TERMS OF SERVICE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GAZELLE NETWORK ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE EQUIVALENT OF ONE (1) PERIOD OF SUBSCRIPTION FEES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Gazelle Network, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising out of or related to: (a) any fraud or manipulation, or other violation of these Terms of Service by you; (b) the Content or other information provided by you to Gazelle Network or that you submit, transmit or otherwise make available through the Services; (c) your use of the Services; or (d) any violation of any rights of another or harm you may have caused to another.

General Terms

These Terms of Service, your use of the Services and the relationship between you and Gazelle Network shall be governed by and construed in accordance with the laws of the State of North Carolina, notwithstanding the choice of law provisions of the venue where any action is brought, when the violation occurred, where you may be located or any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in Mecklenburg County, North Carolina and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service. Notwithstanding this, you agree that Gazelle Network shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

In any action to enforce these Terms of Service, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees.

You agree that if Gazelle Network does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Gazelle Network has the benefit of under any applicable law), this shall not constitute a waiver of Gazelle Network's rights and that those rights or remedies will still be available to Gazelle Network.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.