Terms of Service
Gizmo Enterprises, Inc. (GIZMO or Gizmo) is a Florida based corporation founded in 1988 with offices located in Florida.
2. GIzmo Services: GIZMO is a training, product development, and social networking service that allows members to communicate with peers. The Services offered by GIZMO (‘GIZMO’ or ‘we’) include GIZMO Websites (the ‘Website’) and any other features, content, or applications offered from time to time by GIZMO in connection with the Website (collectively, the ‘Services’).
3. Content: Please choose carefully the information you post on GIZMO and that you provide to other Users. Your GIZMO profile and posting may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other GIZMO Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and GIZMO assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact GIZMO or sending an email with the subject ‘Report Inappropriate Content’ to email@example.com. GIZMO reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. You must be 18 years of age or older to use this Web site. GIZMO may delete any Content that in the sole judgment of GIZMO violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. GIZMO assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time GIZMO chooses, in its sole discretion, to monitor the Services, GIZMO nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. GIZMO does not endorse and has no control over the Content. Content is not necessarily reviewed by GIZMO prior to posting and does not necessarily reflect the opinions or policies of GIZMO. GIZMO makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
4. Prohibited Content/Activity: The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. GIZMO reserves the right to investigate and take appropriate legal action against anyone who, in GIZMO s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to content that, in the sole discretion of GIZMO:
- is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- gives any telephone numbers, street addresses, last names, URLs or email addresses.
- harasses or advocates harassment of another person.
- exploits people in a sexual or violent manner.
- contains nudity, violence, or offensive subject matter.
- solicits personal information from anyone under 18.
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- involves the transmission of ‘junk mail,’ ‘chain letters,’ or unsolicited mass mailing, instant messaging, ‘spimming,’ or ‘spamming’.
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- includes a photograph of another person that you have posted without that person’s consent. or
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. GIZMO reserves the right to investigate and take appropriate legal action against anyone who, in GIZMO’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members.
- any automated use of the system, such as using scripts to add friends.
- attempting to impersonate another Member or person.
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account.
- selling or otherwise transferring your profile.
- using any information obtained from the Services in order to harass, abuse, or harm another person. or
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
5. US LAW: This Web site has been designed to comply with United States law. GIZMO does not represent that the content of this Web site is appropriate for locations outside the United States. If you access this Web site from locations outside the United States, you are responsible for complying with all applicable local laws.
6. Rights: Proprietary Rights in Content of GIZMO's Services and websites. By displaying or publishing ( posting ) any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, Content ) on or through the Services, you hereby grant to GIZMO, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
The Services contain Content of GIZMO (‘GIZMO Content’). GIZMO Content is protected by copyright, trademark, patent, trade secret and other laws, and GIZMO owns and retains all rights in the GIZMO Content and the Services. The Services contain Content of Users and other GIZMO licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services. The copyrights to all contents of this Web site are proprietary to GIZMO or its third party licensors, and you may not reproduce, post on any other Web site, modify, distribute or transmit any portion of this site without GIZMO’s express written consent. Any name, logo, trademark or service mark contained on this Web site is owned or licensed by GIZMO and may not be used by you without the prior written consent of GIZMO. You may access this Web site for your individual noncommercial use only. Any unauthorized use of the content of this Web site may subject you to civil or criminal penalties.
7. Warranty of Accuracy: Although GIZMO makes all reasonable efforts to ensure that the content of the Web site is updated and correct, GIZMO makes no warranties as to its accuracy. ALL MATERIALS ON THE WEB SITE ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8. Limitations of Liability: IN NO EVENT SHALL GIZMO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR ANY INFORMATION PROVIDED ON THIS WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
There are risks inherent to using our Services, for example, if you enroll in a wealth building course like "Sell Your Ideas with Unshakable Confidence" and you injure yourself (by for example using a soldering iron building a prototype or you lose an investment or infringe someone else's patent). You fully accept these risks and you agree that you will have no recourse to seek damages against Gizmo even if you suffer loss or damage from using our platform and/or Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, directors, owners, shareholders, and agents.) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, directors, owners, shareholders, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
9. Non-Confidentiality: Any material or communication transmitted by you to this Web site, or shared during courses, or mailed or emailed to GIZMO will not be treated as confidential. Any ideas, concepts, or other materials transmitted by you to GIZMO may be used by GIZMO in any manner, including reproduction, transmission, publication or broadcast without compensation.
10. Objectionable Material: You may not post or transmit to this Web site any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening or otherwise objectionable material.
11. Linked Sites: Although this Web site may be linked to other Web sites, GIZMO does not endorse, approve, certify or sponsor the linked site unless specifically stated therein. GIZMO is not the owner of, does not control and is not responsible for any content of any Web site linked to this Web site. You're linking to other Web sites is at your own risk.
13. Venue: You agree that any litigation between you and GIZMO arising from or pertaining to the use of this Web site, any advertising associated with the Web site, or any link accessible from or providing access to this Web site shall be governed by Florida, County of Broward law and that exclusive jurisdiction resides in the courts of the State of Florida, County of Broward.
14. Rights to Modify: GIZMO reserves the right to unilaterally modify, delete or change this agreement in any way it deems appropriate and for any reason at any time without the need to notify any one.
15. Disclaimers: It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Gizmo or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
16. Indemnification: If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless GIZMO, our group companies, and their officers, directors, suppliers, partners, shareholders, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
17. Legal Actions and Notices: No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested to the corporate office of Gizmo.
18. Dispute Resolution: This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
18.1. Small Claims: Either of us can bring a claim in small claims court in (a) San Francisco, California, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
18.2. Going to Arbitration: If we can’t resolve our dispute amicably, you and Gizmo agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
18.3 The Arbitration Process: Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
18.4 No Class Actions: We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
18.5. Changes: Notwithstanding the “Updating these Terms” section below, if Gizmo changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Gizmo written notice of such rejection by mail or hand delivery to Gizmo Enterprises, Inc. Attn: Legal, 4735 Orange Drive Davie Florida 33314, or by email from the email address associated with your Account to Notices@wa.ag, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Gizmo in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
19. Updating These Terms: From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Gizmo reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we may or may not notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
Thanks for Growing with us!