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User Website and Platform Agreement
Privacy Policy

READ THE FOLLOWING PRIVACY POLICY AND ASSOCIATED TERMS AND CONDITIONS CAREFULLY BEFORE USING THE GAMMILL WEBSITE AND THE PATTERN DESIGN PLATFORM AND SERVICES PROVIDED THROUGH THE WEBSITE.  BY ACCESSING AND USING THE GAMMILL WEBSITE AND PATTERN DESIGN PLATFORM AND SERVICES, YOU ARE INDICATING YOUR ACCEPTANCE OF THE FOLLOWING PRIVACY POLICY AND TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH PRIVACY POLICY AND ARE NOT WILLING TO BE BOUND BY PRIVACY POLICY, YOU MAY NOT USE THE GAMMILL WEBSITE OR THE PATTERN DESIGN PLATFORM AND SERVICES.

1.	Terms of Agreement:  Gammill, Inc. (“Gammill”) owns and operates the website available at www.gammill.com (“Website”) along with its associated web pages, platforms and services.  Through the website, Gammill makes available news, information and education relating to the machine quilting industry and machine quilting products and services.  In connection with the Website, Gammill provides a pattern design purchase platform (“Platform”) and associated services (“Services”) that allows users to view, select and purchase pattern designs (“Designs”) created by pattern designers and offered for sale by Gammill.  Please read the following terms and conditions (“Terms and Conditions”) and privacy policy (“Privacy Policy”) that govern your use of the Website and associated platform and services.  Collectively, these Terms and Conditions and Privacy Policy constitute a legally binding agreement (“Agreement”) between you (“User” or “you”) and Gammill.  Gammill has the right to modify this Agreement and these Terms and Conditions at any time.  Changes in these Terms and Conditions may be posted on the Website without other written, verbal or electronic communication.  Every time a User accesses or uses the Website or the Platform and Services, the User is agreeing to the then-current Privacy Policy and Terms and Conditions.

2.	Notice of Privacy Rights and Requests:  Gammill may collect your personal data in connection with your use of the Website, Platform and Services, and may disclose your personal data to third party dealers (authorized Gammill Dealers only) for direct marketing purposes.  Users who provide personal data in connection with the Website, Platform and Services may obtain from Gammill once per calendar year information about the personal data Gammil has shared with such third party dealers (authorized Gammill Dealers only) for their own direct marketing purposes.  This information may include the categories of data shared and the names and addresses of the third parties with which the data was shared for the immediately prior calendar year.  To make a request for information about the personal data Gammill has shared with others, please email us at contact@gammill.com or write us at the address below using the subject line “Privacy Information Request.”

1452 Gibson
West Plains, MO 65775

For further information regarding Gammill’s privacy practices, please review the additional provisions of our Privacy Policy below.

3.	Non-Personal Information Collected:  Gammill may collect information and data through technology that does not identify anyone personally (“non-personal data”) in order to make the Website, Platform and Services more useful for you and other users.  This non-personal data may also be used to make your experience on the Website better by optimizing website performance within a given browser and increase the speed of navigation through the Website.  Below are examples of non-personal data that we may collect through your use of the Website and the Platform and Services.

(i)	IP Address:  Gammill may log all connections to its web servers.  Those log files will include your IP address.  An IP address is NOT personally identifiable information, but rather general information about your location, connection to the Internet, and your Internet Service Provider.  Gammill uses your IP address to help diagnose problems with its server and to administer the Website, Platform and Services.  Additionally, Gammill will use your IP address to track your navigation of the Website and Platform and any internal website searches.

(ii)  	Cookies:  Gammill may use a standard feature in browser software called “cookies” to enhance your experience with the Website and Platform.  Cookies are small files that your web browser places on your hard drive for record-keeping purposes.  By showing how and when visitors use the Website, cookies help Gammill identify how many unique users visit the Website and track user trends and patterns.  Cookies also benefit your use of the Website and save you time by storing and making easily available information required to use the Website.  Information on deleting or controlling cookies is available at www.AboutCookies.org.  Please note that deleting our cookies or disabling future cookies may negatively affect the continuity and user experience when you use the Website and Platform.

(iii)	Clear Gifs:  Gammill may also employ a software technology called clear gifs (also known as web beacons) that help Gammill better manage content on the Website and Platform by informing Gammill what content is effective and of interest to its users.  Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users.  Clear gifs and cookies are not tied to your personally identifiable information and may be used to improve your user experience when using the Website and Platform.

(iv)	Log Files:  Like most standard website servers, Gammill may use log files.  Information collected in log files may include internet protocol (IP) addresses, your User Identifier, browser type, internet service provider (ISP), mobile network provider, referring/exit pages, platform type, date/time stamp, and number of clicks.  Gammill may utilize this information to analyze trends, administer the Website and Platform, track your movement in the aggregate, and gather broad demographic information for aggregate use.  This information is not personally identifiable and may be used to make your experience with the Website and Platform better.

4.	Use of Non-Personal Data:  Gammill may use non-personal data collected from you to (i) provide the Website, Platform and Services to you, (ii) improve the performance the Website, Platform and Services, (iii) improve the functionality or layout of Website and Platform, (iv) to develop new services and ideas, (v) better administer and troubleshoot Gammill’s systems; and (vi) customize the content and any advertising you see on the Website.

5.	Personally Identifiable Information Collected:  You may be required to provide and Gammill may collect from you certain information that identifies you personally (“personal data”) during your use of the Website, Platform and Services and your purchase of Designs through the Website, Platform and Services.  This personal data may include your name, address, email, telephone, and company information.  In addition, our third party payment services provider may collect certain payment information, including credit card information, PayPal® account information, billing address and other payment transaction and verification details.

6.	Use of Personal Data:  Gammill may use User’s personal data for internal purposes and in connection with transactions for the purchase of Designs through the Platform and Services.  Specifically, Gammill may use personal data to (i) provide the Website, Platform and Services to you, (ii) complete transactions for Designs purchased by you on the Platform, (iii) contact you directly regarding the Website, Platform, Services or Designs purchased from the Platform, (iv) contact you directly for direct marketing purposes relating to Gammill’s products and services, and (v) when required by law or in response to a request from a law enforcement agency or authority.  Gammill may also provide your personal data to third parties for direct marketing purposes. Other than the specific uses listed above, Gammill will not disclose, share, sell, lease, or rent personally identifiable data to any third party outside of Gammill, its affiliates and any third party contractors or authorized Gammill Dealers.

7.	Use of Payment Information:  All transaction payments will be processed using the third party payment service provider PayPal®, or other provider indicated by Gammill, who may collect personal data and payment information in connection with transaction payments occurring through the Website and Platform.  Gammill will not collect or store your payment information in connection with such transactions.

8.	Security:  Gammill will maintain reasonable safeguards to ensure security, integrity and privacy of your personal data.  However, no electronic storage method or data transmission over the Internet can be guaranteed to be 100% secure.

9.	Change of Control:  In the event of a change of control of Gammill or the sale of substantially all of Gammill’s assets, all rights and obligations of Gammill hereunder shall be transferable without notice to you.  Your information may be considered an asset of Gammill and you consent to the transfer of your information collected through the Website and Platform by Gammill to the entity taking control or the purchaser of substantially all of Gammill’s assets.  Such subsequent owner shall take over the obligations and rights set forth in this Privacy Policy.

10.	Changes to this Privacy Policy:  This Privacy Policy describes the types of information Gammill currently collects through your use of the Website, Platform and Services, including the purchase of Designs from the Platform, and the ways Gammill uses and protects that information.  From time to time, Gammill may collect different types of information and use that information in different ways.  For example, when Gammill adds features or services to the Site, Gammill may edit this policy to explain the new practices.  Because protecting your privacy is very important to Gammill, Gammill does not expect major changes in policy.  However, if Gammill does make significant changes in its practices, Gammill may include announcements on the Website home page so that you will know to review the revised Privacy Policy.  In any event, by accessing and navigating the Website and Platform, you are agreeing to be bound by the then-current Privacy Policy.

11.	Questions:  If you have any questions about Gammill, the Website, the Platform and Services, or the Terms and Conditions or Privacy Policy, you may contact Gammill via telephone at 1-800-659-8224 (U.S. and Canada) and via email at contact@gammill.com.

USER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS.  USER FURTHER AGREES THAT THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS AND PRIVACY POLICY, FORMS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN GAMMILL AND USER RELATING TO THE WEBSITE, PLATFORM AND SERVICES AND SUPERSEDES ANY PRIOR PROPOSAL, AGREEMENT, REPRESENTATIONS, DISCUSSIONS, UNDERTAKINGS, COMMUNICATIONS OR ADVERTISING, ORAL OR WRITTEN, RELATING TO THE WEBSITE, PLATFORM AND SERVICES.

Terms & Conditions*

User Website and Platform Agreement
Terms and Conditions

READ THE FOLLOWING TERMS AND CONDITIONS AND PRIVACY POLICY CAREFULLY BEFORE USING THE GAMMILL WEBSITE AND THE PATTERN DESIGN PLATFORM AND SERVICES PROVIDED THROUGH THE WEBISTE.  BY ACCESSING AND USING THE GAMMILL WEBSITE AND PATTERN DESIGN PLATFORM AND SERVICES, YOU ARE INDICATING YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AND PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE GAMMILL WEBSITE OR THE PATTERN DESIGN PLATFORM AND SERVICES.

1.	Terms of Agreement:  Gammill, Inc. (“Gammill”) owns and operates the website available at www.gammill.com (“Website”) along with its associated web pages, platforms and services.  Through the website, Gammill makes available news, information and education relating to the machine quilting industry and machine quilting products and services.  Please read the following terms and conditions (“Terms and Conditions”) and privacy policy (“Privacy Policy”) that govern your use of the Website and associated platform and services.  Collectively, these Terms and Conditions and Privacy Policy constitute a legally binding agreement (“Agreement”) between you (“User” or “you”) and Gammill.  Gammill has the right to modify this Agreement and these Terms and Conditions at any time.  Changes in these Terms and Conditions may be posted on the Website without other written, verbal or electronic communication.  Every time a User accesses or uses the Website or associated platform and services, the User is agreeing to the then-current Terms and Conditions.

2.	Platform and Services:  In connection with the Website, Gammill provides a pattern design purchase platform (“Platform”) and related services (“Services”) that allows users to purchase copies of pattern designs (“Designs”) created by different pattern designers.  The Platform displays the Designs and associated purchase information for viewing by users.  Through the Platform and Services, User may select and purchase a license to a particular Design displayed on the Platform from Gammill.  Upon purchasing a Design, Gammill will make available a downloadable copy of the purchased Design either directly to User or through a User account on Gammill’s cloud storage services governed by Gammill’s Cloud Storage Services Terms and Conditions.  User may then use the purchased Design in connection with the various Gammill products, software and services, including, but not limited to, CreativeStudio®, or as otherwise authorized by the license granted to User in connection with the purchase of the Design.

3.	Grant of License:  Gammill hereby grants to User a non-exclusive limited license to access and use the Website, Platform and Services for viewing and purchasing copies of Designs offered for sale by Gammill through the Platform.  By using and accessing the Website, Platform and Services, User agrees to use the Website, Platform and Services only as specifically authorized by these Terms and Conditions.  User is specifically prohibited from (i) engaging in activity that compromises the Website or Platform, such as hacking the Website or Platform or introducing worms, viruses, or other malware to the Website or Platform, (ii) engaging in activity designed to impede the use of the Website or Platform by other users, such as overloading and flooding the Website or Platform, (iii) framing or deep linking to the Website or Platform, (iv) accessing the Website or Platform by means of automated process, spiders, bots or similar device, (v) using the Website, Platform or Services to engage directly with pattern designers to purchase Designs listed on the Platform outside the authorized transaction procedures defined by these Terms and Conditions, and (vi) using the Platform or Services for purposes not related to the purchasing Designs from the Platform.

4.	Transactions and Payment:  All transactions occurring on the Platform for the purchase of Designs shall occur directly between User and Gammill, and it shall be a violation of these Terms and Conditions to engage directly with pattern designers for the purchase of Designs listed on the Platform.  User may begin a transaction by selecting a Design for purchase on the Platform and submitting the required payment information.  Payments for transactions through the Platform will be accomplished through the third party payment provider PayPal®, or other payment provider as identified by Gammill.  Upon completion of payment, Gammill will make available to User a downloadable copy of the selected Design along with a license for use of the Design.  In connection with the purchase and payment of Designs through the Platform, User may be required to submit personal information to Gammill.  Gammill agrees to use such information only for internal purposes to facilitate transactions occurring through the Platform between User and Gammill and to contact User regarding such transactions.

5.	Proprietary Rights and Ownership:  Gammill owns all right, title and interest in and to the Website, the Platform and the Services, including any associated software, technology or intellectual property contained therein.  Except for the limited license granted by Gammill herein, nothing in these Terms and Conditions shall be construed as transferring intellectual property rights relating to the Website, Platform or Services to User.  With respect to the Designs posted on the Platform, the pattern designer for each Design shall retain all right, title and interest in and to such Design; provided, however, User shall receive a license to use the provided copy of the Design upon completion of purchase and payment through the Platform.  The license granted to User for use of the Design does not include, and User shall be specifically prohibited from, reselling, sublicensing or otherwise transferring the Design to third parties.

6.	Term, Termination and Suspension:  This Agreement is effective until terminated.  Gammill may terminate this Agreement, or suspend User’s right to use the Website, Platform or Services, at any time without notice to User in Gammill’s sole discretion.  Gammill may terminate this Agreement for any reason, including User’s breach of any provision, obligation or requirement contained in these Terms and Conditions.  Upon termination or suspension, User shall be prohibited from using or accessing the Website, Platform or Services.  All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Gammill’s proprietary rights shall survive termination.

7.	No Unlawful or Prohibited Use:  As a condition of User’s use of the Website, Platform and Services, User represents and warrants to Gammill that User will not use the Website, Platform or Services for any purpose that is unlawful or prohibited by these Terms and Conditions.

8.	WARRANTY DISCLAIMER:  THE WEBSITE, PLATFORM, SERVICES AND DESIGNS PURCHASED THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AS TO THE QUALITY, USE OR PERFORMANCE OF THE PLATFORM, SERVICES AND DESIGNS. GAMMILL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  GAMMILL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, PLATFORM OR SERVICES.  GAMMILL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DESIGNS PURCHASED THROUGH THE PLATFORM AND SERVICES.  GAMMILL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE WEBSITE, PLATFORM, SERVICES, OR ANY DESIGNS PURCHASED THEREFROM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GAMMILL SHALL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO YOUR USE OF THE WEBSITE, PLATFORM, SERVICES OR DESIGNS PURCHASED THEREFROM.  THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE WEBSITE, PLATFORM AND SERVICES AFTER TERMINATION OF THIS AGREEMENT.

9.	LIMITATION OF LIABILITY:  IN NO EVENT WILL GAMMILL BE LIABLE TO USER FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO EQUIPMENT, LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF (I) USE OR AN INABILITY TO USE THE WEBSITE, PLATFORM OR SERVICES, OR (II) THE PURCHASE OF ANY DESIGNS THROUGH THE PLATFORM, EVEN IF A REPRESENTATIVE OF GAMMILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. GAMMILL’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR USER’S USE OF THE WEBSITE, PLATFORM AND SERVICES SHALL BE LIMITED TO THE AMOUNTS PAID TO GAMMILL BY USER FOR THE PURCHASE OF DESIGNS THROUGH THE PLATFORM.

10.	User Representations and Warranties:  User hereby represents and warrants that (i) all information provided by User in connection with the purchase of a Design through the Platform is true and accurate to the best of User’s knowledge, and (ii) User will not take any actions regarding the Website, Platform, Software or Designs purchased therefrom inconsistent with the rights and licenses granted under these Terms and Conditions.  User agrees to be solely responsible for all Designs purchased through the Platform and any and all claims or damages resulting therefrom.

11.	User Indemnification:  User agrees to indemnify Gammill and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from User’s use of the Website, Platform or Services, or any Design purchased therefrom, including claims that User’s actions with respect to any Design infringes the copyright or other intellectual property right of a third party.

12.	General:  Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.  This Agreement shall be governed by and interpreted under the laws of the State of Missouri, without regard to conflicts of law provisions.  The jurisdictional venue for any legal proceedings involving this Agreement or the transaction contemplated herein shall be held in any applicable state or federal court located in Howell County, State of Missouri, U.S.A.  If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.  This Agreement may only be modified by a writing signed by an authorized officer of Gammill.  Gammill may assign this Agreement.

USER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS.  USER FURTHER AGREES THAT THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS AND PRIVACY POLICY, FORMS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN GAMMILL AND USER RELATING TO THE WEBSITE, PLATFORM AND SERVICES AND SUPERSEDES ANY PRIOR PROPOSAL, AGREEMENT, REPRESENTATIONS, DISCUSSIONS, UNDERTAKINGS, COMMUNICATIONS OR ADVERTISING, ORAL OR WRITTEN, RELATING TO THE WEBSITE, PLATFORM AND SERVICES.

Cloud Storage Services Agreement
Terms and Conditions

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  BY USING GAMMILL’S CLOUD STORAGE SERVICES, YOU ARE INDICATING YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE CLOUD STORAGE SERVICES.

1.	Cloud Services:  Gammill, Inc. (“Gammill”) provides certain cloud storage services (“Cloud Services”) to users and customers (each, a “User”) of Gammill’s website and associated platforms, software and services, including the Pattern Design Platform and the CreativeStudio® software.  In connection with the various services provided through Gammill’s website, the Cloud Services allow a User to upload, store, access and use pattern designs (“Designs”) the User purchases or obtains through the Gammill website or services or for which the User otherwise owns or has a license to store and use.  The Cloud Services are provided by Gammill solely for the purpose of storing Designs for the User and allowing the User to access such Designs for use with other Gammill services, platforms and software offered in connection with Gammill’s website.  Gammill hereby grants to User a non-exclusive, limited license to use the Cloud Services solely for uploading and storing Designs in connection with the various Gammill services, and User hereby agrees to use the Cloud Services only as authorized by these Terms and Conditions.

2.	Registration:  In order to access and use the Cloud Services, User will be required to register for an account through the Gammill website.  User will be provided with or allowed to select a username and password that User will be required to use to log into and access the Cloud Services.    User will be responsible for keeping this password confidential and will be responsible for all activities (whether by User or others) that occur under User’s account.  User agrees to notify Gammill immediately of any unauthorized uses of the User’s account or any other breach of security.  Gammill cannot and will not be liable for any loss or damage arising from User’s failure to keep User’s account information protected.  In connection with the registration process, User may be required to submit personal information to Gammill.  Gammill agrees to use this information only for internal purposes to set up and maintain the User’s account and to contact User regarding the Cloud Services or the User’s account.

3.	Security:  Gammill provides the Cloud Services for the convenience of the User in order to store and access User’s Designs in connection with other Gammill services.  Gammill agrees to use reasonable efforts to maintain the availability and security of the Cloud Services and any User Designs stored thereon; however, Gammill cannot guarantee the availability or security of the Cloud Services and User Designs stored thereon.  All use of the Cloud Services shall be at User’s own risk and Gammill shall not be responsible for any damage or harm to the User or any of User’s Designs caused by any unavailability or security loss of the Cloud Services.

4.	Restrictions:  User agrees to use the Cloud Services only as specifically authorized by these Terms and Conditions.  User is authorized to upload and store only Designs that User owns or for which User has obtained a license, and User hereby represents and warrants that User owns or has obtained a license for all Designs uploaded and stored using the Cloud Services.  User agrees not to use the Cloud Services to upload or store any Designs for which User has not obtained all necessary intellectual property rights or that otherwise infringe the copyright, trademark or other intellectual property rights of any third party.  User shall be solely responsible for all Designs uploaded and stored using the Cloud Services.  User further agrees (i) to access and use the Cloud Services only through the User’s account, (ii) to not sell, transfer, distribute or otherwise make available the User’s account to others, and (iii) to not reverse engineer, decompile or modify the Cloud Services or any software contained therein.

5.	Ownership:  Gammill owns all right, title and interest in and to the Cloud Services and any software, technology or intellectual property contained therein.  Except for the limited license to use the Cloud Services to store Designs as specifically granted by this Agreement, nothing in these Terms and Conditions shall be construed as transferring intellectual property rights relating to the Cloud Services to User.  User shall retain all ownership rights in and to all Designs uploaded and stored through the Cloud Services.  By using the Cloud Services, User hereby grants to Gammill a limited license to store all uploaded Designs solely for the purposes contemplated in these Terms and Conditions.

6.	Term:  This Agreement is effective until terminated.  User may terminate this Agreement by requesting deactivation of User’s account and ceasing use of the Cloud Services.  Gammill may terminate this Agreement at any time if Gammill determines, in its sole discretion, that User has breached any of these Terms and Conditions.  Upon termination of this Agreement for any reason, User’s account will be deactivated and User will no longer be able to access the Cloud Services; provided, however, Gammill will make available all Designs stored by User on User’s account for transfer from the Cloud Services upon request for thirty (30) days following termination.  All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and proprietary rights shall survive termination.

7.	NO WARRANTY OF SERVICES:  Gammill provides the Cloud Services only as a convenience to User to upload, store and use Designs in connection with other Gammill services.  Gammill will reasonably maintain the availability and security of the Cloud Services (and any Designs stored thereon); provided, however, Gammill does not warrant that the Cloud Services will meet User’s requirements, that the functionality of the Cloud Services will be uninterrupted or error-free, that the Cloud Services will continuously available, or that the Cloud Services will be secure.  THE CLOUD SERVICES ARE PROVIDED TO USER “AS IS” AND GAMMILL MAKES NO WARRANTY OF ANY KIND AS TO ITS USE, PERFORMANCE, AVAILABILITY, SECURITY OR RELIABILITY. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO USER IN USER’S JURISDICTION, GAMMILL MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION AVAILABILITY, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, AVAILABILITY, SECURITY AND PERFORMANCE OF THE CLOUD SERVICES IS WITH USER AND USER SHALL BE SOLELY RESPONSIBLE FOR ALL DESIGNS STORED BY USER USING THE CLOUD SERVICES.  The provisions of this Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Cloud Services after termination of this Agreement.

8.	LIMITATION OF LIABILITY:  IN NO EVENT WILL GAMMILL BE LIABLE TO USER FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO EQUIPMENT, LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OR AN INABILITY TO USE THE CLOUD SERVICES, EVEN IF A REPRESENTATIVE OF GAMMILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN USER’S JURISDICTION. GAMMILL’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR USER’S USE OF THE CLOUD SERVICES SHALL BE LIMITED TO THE AMOUNT PAID FOR USE OF THE CLOUD SERVICES, IF ANY.

9.	User Indemnification:  User agrees to indemnify Gammill and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from User’s uploading and/or storage of Designs through the Cloud Services, including claims that any Design stored by User infringes the copyright or other intellectual property right of a third party or that User did not have a license or right to store or use any Design stored through the Cloud Services.

10.	General:  Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.  This Agreement shall be governed by and interpreted under the laws of the State of Missouri, without regard to conflicts of law provisions.  The jurisdictional venue for any legal proceedings involving this Agreement or the transaction contemplated herein shall be held in any applicable state or federal court located in Howell County, State of Missouri, U.S.A.  If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.  This Agreement may only be modified by a writing signed by an authorized officer of Gammill.  Gammill may assign this Agreement.

USER ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS.  USER FURTHER AGREES THAT THIS AGREEMENT FORMS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND GAMMILL RELATING TO THE CLOUD SERVICES AND SUPERSEDES ANY PRIOR PROPOSAL, AGREEMENT, REPRESENTATIONS, DISCUSSIONS, UNDERTAKINGS, COMMUNICATIONS OR ADVERTISING, ORAL OR WRITTEN, RELATING TO THE CLOUD SERVICES.

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