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GOGETHELP,
INC. TERMS OF SERVICE
This GOGETHELP, INC. TERMS OF
SERVICE (“Agreement”) contain the terms and conditions that apply to a company
and/or user, as applicable (“User”, “you” or “your”) of the services provided
by GoGetHelp, Inc. (“GoGetHelp”) (collectively, the “Services”) its web site at
http://www.GoGetHelp.com. Please read this Agreement carefully.
By clicking on the “I ACCEPT”
button, you acknowledge that you have agreed to all of the terms of this
Agreement and that you have agreed to become a party to, and legally bound by,
this Agreement. If you do not agree to
all of the terms of this Agreement, click on the “I DECLINE” button. You will not be able to register for or use
the Services if you click on the “I DECLINE” button.
If
you have any questions regarding this Agreement, please contact
gogethelp@bellsouth.net. This Agreement was last revised on June 3, 2004.
1.
Description of Services and Grant of License. GoGetHelp hereby grants to you a
non-exclusive, non-transferable, non-sublicenseable, world-wide, license to use
the Services for internal business and/or personal purposes only subject to the
restrictions in this Agreement. For
purposes of this Agreement, the term “Services” shall also include, without
limitation, any and all software, data, content, or information in whatever
form. GoGetHelp reserves any rights not
expressly granted herein. You shall be
solely responsible for hardware and interconnections and telecommunications to
access the Services. The standard term for a subscription is one year from the date of approved payment of the subscription fee in effect at the time of subscription.
2.
License Restrictions. You may not: (a) copy the Services or any software or
programming related thereto; (b) permit other individuals or companies to use
the Services; (c) modify, translate, reverse engineer, decompile, disassemble
or create derivative works based upon the Services or any software or
programming related thereto; (d) rent, lease, transfer, resell and/or or
otherwise transfer rights to the Services; or (e) delete or write over any
portion of any software relating in any manner to the Services. You also agree that you shall only use the
Services in a manner that complies with all applicable laws in the jurisdictions
in which you use the Services, and that you shall not violate or infringe the
rights of any third party. Any such
forbidden use shall immediately and automatically terminate your license to use
the Services without notice, and all license fees shall become immediately due
and payable.
3.
Term, Fees and Payment Terms.
4.
Registration and Your Information. You agree to (i) provide true, accurate,
current and complete information about yourself as prompted by the registration
form and (ii) maintain and promptly update such information to keep it true,
accurate, current and complete, which may be done by updating the form using Account Setup.
5.
Account,
Password and Security. You
will receive a password and an account identifier upon completing the registration
process. You are fully responsible for
maintaining the confidentiality of your password and account and all activities
that occur under your password or account.
Your password and account are for your use only, and you are prohibited
from allowing any third parties to use your password or account. You agree to immediately notify GoGetHelp of
any unauthorized use of your password or account or any other breach of
security.
6.
Termination of Access to Services or Account. GoGetHelp may, in its sole discretion,
terminate your account or your use of the Services if GoGetHelp believes that
you have violated, breached or acted inconsistently with any of your
obligations under this Agreement. Upon
termination for such violation or breach, You acknowledge and agree that
GoGetHelp may at any time deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or the Services. Further, you
agree that GoGetHelp shall not be liable to you or any third party for any
termination of your access to the Services.
7.
Modification
or Discontinuation of Services.
GoGetHelp may, in its sole discretion and at any time, modify or
discontinue providing the Services, or any part thereof. In
such event, you will be prompted to accept this Agreement, as amended, when
you login to your account. If you do
not accept the amended Agreement, GoGetHelp reserves the right to immediately
terminate your account and your access to the Services as set forth above.
8.
Proprietary Rights. The Services, including any of GoGetHelp’s Internet operations,
design, content, hardware designs, algorithms, software (in source and object
forms), user interface designs, other templates and designs, architecture,
class libraries, and documentation (both printed and electronic), know-how,
trade secrets and any related intellectual property rights throughout the
world, and any derivative works, improvements, enhancements or extensions
thereof used in connection with the Services are and shall remain the sole and
exclusive property of GoGetHelp.
9.
Incorporation of Terms of Access. You agree to follow and be bound by all of
the terms and conditions contained in the Terms of Access, which bind all users
of GoGetHelp web site and are incorporated into and made a part of this
Agreement by this reference. You may
view the Terms of Access by clicking "Terms of Access" on the home page.
10.
User Conduct.
Your are solely responsible for the contents of your transmissions
through the Services. Your use of the
Services is subject to all applicable local, state, national and international
laws and regulations.
11.
Indemnification. You agree to immediately notify GoGetHelp of
and indemnify and hold GoGetHelp, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your use of
the Services, (including the unauthorized use of your account or any other
breach of security known to you), the violation of this Agreement by you, or
the infringement by you, or another User using your computer, on any
intellectual property or other right of any person or entity.
12.
Disclaimer of Warranties. You agree that use of the Services is at your sole risk. The Services are provided on an “as is” and
“as available” basis, and GoGetHelp assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any of your
communications, data, or personalization settings.
GoGetHelp hereby disclaims all warranties of any kind,
whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement, quiet enjoyment, title, merchantability of computer programs
and informational content.
GoGetHelp makes no warranty that the Services will meet
your requirements, or that the Services will be uninterrupted, timely, secure,
or error free; nor does GoGetHelp make any warranty as to the results that may
be obtained from the use of the Services or as to the accuracy or reliability
of any information obtained through the Services or that defects in the
software driving the Services will be corrected.
User understands and agrees that any material and/or
data downloaded or otherwise obtained through the use of the Services is done
at User’s own discretion and risk and that User will be solely responsible for
any damage to User’s computer system or loss of data that results from the
download of such material and/or data.
No advice or information, whether oral or written,
obtained by User from GoGetHelp or through the Services shall create any
warranty not expressly made herein.
13.
Limitation of
Liability. Neither GoGetHelp,
nor its parents, subsidiaries, affiliates, officers and employees, shall be
liable for any direct, indirect, incidental, special or consequential damages,
resulting from or concerning the use or the inability to use the Services or
your failure to comply with this Agreement, including but not limited to,
damages for loss of profits, use, data or other intangibles, even if GoGetHelp
has been advised of the possibility of such damages. In no event shall the total, aggregate liability of GoGetHelp
exceed the amounts paid by you for the Services provided hereunder. Any claim or cause of action made by you
under this Agreement must be within one (1) year from the date of the alleged
injury.
14.
Notices.
Unless otherwise provided herein, notices given by GoGetHelp to you will
be given by e-mail or by conventional mail.
Notices will be sent to the e-mail address or mailing address you
provide to GoGetHelp as part of the registration process, or to updated
addresses which you provide to GoGetHelp via notice consistent with this
paragraph. Notices given by you to
GoGetHelp must be given by e-mail to gogethelp@bellsouth.net,
or such updated address and number as
GoGetHelp may provide you consistently with this notice provision. Notwithstanding anything herein to the
contrary, it is your sole responsibility to update your address for notices
hereunder, and notice sent to the e-mail or conventional mailing address last
provided by you to GoGetHelp shall be valid and binding on you regardless of
whether such address has been changed, canceled, has expired, has been
terminated, or otherwise becomes inoperative.
15.
Governing
Law. This Agreement shall be governed by and construed
in accordance with the laws of the Georgia, notwithstanding any conflict of laws provisions. You
irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the courts
of the State of Georgia in the City of Atlanta (the “Georgia Courts”) for any litigation arising out
of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or
relating to this Agreement except in the Georgia Courts and (iii) agree not to plead or claim in
any court that such litigation brought therein has been brought in an inconvenient forum.
16.
General. If any provision(s) of this Agreement is
held by a court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force and
effect. GoGetHelp failure to exercise
or enforce any right or provision of this Agreement shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by
GoGetHelp in writing. The section
titles in this Agreement are solely used for the convenience of the parties and
have no legal or contractual significance.
This Agreement may be assigned in whole or in part by GoGetHelp. This Agreement may not be assigned in any
manner by you without the express, prior written permission of GoGetHelp.