Terms and Conditions

1. General

This Terms of Use Agreement (“Agreement”) governs your access and use of the software, mobile application, website and quote engine (“Solution”) operated by Gather Revenue, Inc, a Florida corporation (“Gather,” “our,” “us,” or “we”) and located at 1343 Shadow Lane, Ft. Myers, FL 33901 By accessing, browsing, and using the Solution, you (“you” or “User”) agree that you have read, understood, and accept this Agreement. Please read it very carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use any part of the Solution.

2. Privacy

Our privacy policy (“Privacy Policy”) discusses the information that we collect from you when you visit and use our Solution, how we share it, and how we use it. It is a part of this Agreement and is hereby incorporated by reference and by using the Solution you consent to our Privacy Policy and the collection, use and sharing of information as discussed therein. Additionally, by using this Solution, you acknowledge and agree that Internet transmissions are never completely private or secure.

3. Representations About Customer

You represent and warrant to us that you have the power and authority and are of sufficient legal age to enter into this Agreement. You agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity. You represent and warrant that the information that you provide to us will be current, true, accurate, supportable and complete, and that if you provide incorrect or incomplete information it may affect the value of the Solution to you. The Solution is not designed for use by any individual under the age of 18, and we do not intentionally collect personal information from children through our Solution. Thus, as a condition to using our Solution, you represent and warrant to us that you are at least 18 years of age.

4. User Acknowledgements

Unless you are an Automotive or motorsport retailer, insurance broker, insurance agent, Insurance Carrier, licensed insurance professional or other licensed third party entity doing business with Gather (“Service Provider(s)”) under alternative commercial terms, Gather does not charge you a fee to use the Solution. Service Providers may pay Gather fees for services and to be matched with users of the Solution, however. Gather is not involved with and is not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. Except where prohibited by law, in no event will Gather be liable for any losses, costs, damages, or claims in connection with, arising from or related to your use of either the Solution or that of a Service Provider’s products or services, including any fees charged by a Service Provider.

5. Intellectual Property with Respect to the Solution

The content of this Solution is ours and is protected by law, including without limitation, United States copyright law, trademark law, and applicable international treaties. We reserve all rights in and to the Solution and all related intellectual property not expressly granted under this Agreement. If you submit comments, suggestions, ratings, or other feedback regarding the Solution or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you. You are granted permission to use the information provided to you on or via the Solution solely for your own personal, non-commercial use, provided that none of the content is modified and that any legal legends are retained. You may not “mirror” any content contained within this Solution without our express prior written consent. Except as stated herein, none of the content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission.

6. Restrictions on use of the Solution

You may not rent, lease, lend, sell, redistribute, reproduce or sublicense the Solution. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Solution, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit or interfere with the Solution in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.

7. Limitations on Availability

The Solution is implemented, controlled and operated by Gather for a large portion of consumers. The Solution or some aspects may not be available in all languages or in all countries. We make no representation that the Solution is available or permitted in any particular location. Use of the Solution is void where prohibited. You use the Solution at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Solution as required by law.

8. Third Party Offerings

Gather provides a tool via which you can bind existing insurance polices on additional purchases, obtain existing insurance information, estimates or quotes for new insurance, and certain other information concerning third-party products and/or Service Providers. Gather is not responsible for either the availability of these Service Providers or their offerings, including for any products or services you may obtain by contacting any of them as a result of your use of the Solution or the features hereof. We make no guarantees regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. Gather does not necessarily guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available. Gather does not necessarily validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any products or services that they may offer or provide to you and that Gather shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. Gather always recommends the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any insurance decisions. You acknowledge and agree that you rely solely on your own judgment and that of your advisors in selecting any products or services offered by Service Providers.

9. We are NOT an Insurance Underwriter or Agent

Gather is not an insurance underwriter, does not endorse or recommend the products or services of any Service Provider, and is not an agent or advisor to you or any Service Provider. Gather may become an insurance carrier, underwriter or Agent in the future.

10. Communications with You About Your Insurance Need

By providing your e-mail address and/or phone number (as the case may be) via Gather’s Solution, you authorize us and our associated insurance carriers to call you, email you, or text you concerning (i) your insurance needs or quote requests, (ii) any issue regarding our services and/or (iii) to provide information or offers that may be of interest to you, including in response to quotes you have requested from us or our associated insurance carriers. Gather and its associated insurance carriers may contact you at any telephone number(s), cellular or otherwise, that you provide us. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you. Message and data rates may apply. You also understand that your consent is not a condition of purchase, and that you can contact Gather directly consent@gatherverify.com for more information.

We agree that you may withdraw your consent to be contacted. However, the following procedures must be followed. For emails, you may opt out of receiving e-mails at any time by unsubscribing as set forth in any email you receive from us. To withdraw your consent to be contacted by telephone, send a written “Notice of Revocation of Consent” to the following address: Gather, 1343 Shadow Ln, Ft. Myers, FL 33901. 

In the Notice of Revocation of Consent, identify your full name and the telephone number(s) for which you wish to withdraw your consent.

If any of your telephone number(s) change, or if you cease to be the owner, subscriber or primary user of a telephone number you have previously provided, you agree to notify us immediately of such facts so that we may update our records.

IF YOU PROVIDE YOUR EMAIL TO US, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM US AND/OR OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT SUCH EMAIL ADDRESS MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

11. Stipulations of Non-Biometric Compliance

At Gather, our primary function is to ensure that a customer’s identity has been established and confirmed as “Authentic.” Once we’ve done so, we pass the results along to you, the dealer, at which point you decide whether to move forward with the sale of the vehicle. 

To provide this service accurately, the multilayered technology we use must meet various criteria.

For the best and most accurate results, the head and face should be free of anything that obstructs the ability to see structure, dimension, lighting, etc.

Should there be any circumstances, such as personal, religious, or other, in which a customer elects to NOT follow these guidelines, Gather and its partnered identity verification technology will NOT be able to produce identity authentication. At this point, the dealer must decide, independent of Gather, how they wish to proceed.

If a customer completes the Gather process without making the necessary adjustments, a “FAIL” result will be rendered.

12. Disclaimer of Warranty

THE SOLUTION AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR ESTIMATES MIGHT BE WRONG. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE DISCRETION AND RISK.

13. Limitation of Liability

IN NO EVENT SHALL GATHER BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, WARRANTY, RELIANCE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE SOLUTION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GATHER’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO US BY YOU FOR USE OF THE SOLUTION ON APRORATED BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. FOR EXAMPLE, IN NEW JERSEY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY DUE TO INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR VIOLATION OF A LEGAL DUTY IMPOSED ON GATHER UNDER NEW JERSEY LAW.

14. Modifications

This Agreement may be modified by Gather at any time by updating and posting a new version of it on the Solution or by otherwise notifying you of the revised Agreement. By subsequently using the Solution, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.

15. U.S. Government Restricted Rights

The content of this Solution is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.

16. Governing Law and Choice of Forum

THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. You also agree that the state or federal courts sitting in Lee County, Florida shall have exclusive jurisdiction and venue over any claim or dispute arising out of this Agreement or relating to your use or visitation of our Solution, and you hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in Lee County, Florida.

17. Miscellaneous

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision shall be enforced, and reconstructed if need be in a way that best embodies the intent of this Agreement, to apply to the maximum extent allowable under applicable law. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.