Last Updated: June 3, 2019.
THIS IS A CONTRACT BETWEEN YOU AND GO FAMILY, LLC
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY. By accessing and using this and other websites, or the online services of Go Family, LLC and its affiliates (collectively referred to as “Company,” “us,” “our,” or “we”), or other websites linking to these Terms (collectively, “Sites”), or by using any Company mobile applications (“Apps”) (collectively, the “Company Technology”), you hereby agree to be bound by these Terms, and you confirm that you are at least 13 years old. If you do not agree to all these Terms or you are under the age of 13, you must refrain from accessing and using the Company Technology. If you are between 13 and 17 years of age, you may only use the Company Technology with the involvement and consent of a parent or guardian.
These Terms are between you (sometimes referred to as “you” or “your”) and Company. Remember that your use of the Company Technology is at all times subject to the Company Privacy Policy http://www.goautoexperience.com, which is hereby incorporated into these Terms.
If you are asked to click your agreement to specific terms and conditions to access certain functions on any of the Company Technology (each a “Site Agreement”), the terms in the Site Agreement will govern over any inconsistencies with these Terms, but only for the specific Company Technology function described in that Site Agreement.
We may change these Terms or the Company Technology from time to time without prior notice to you and will post the updated Terms to the Company Technology. YOU CAN DETERMINE WHEN THESE TERMS WERE LAST REVISED BY REFERRING TO THE “LAST UPDATED” LEGEND AT THE TOP OF THIS WEBPAGE. ANY MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOUR USE OF OR ACCESS TO THE COMPANY TECHNOLOGY AFTER SUCH MODIFICATIONS ARE POSTED WILL SIGNIFY YOUR ACCEPTANCE OF THE MODIFICATIONS AND YOUR AGREEMENT TO BE BOUND BY THEM. ANY MODIFICATIONS TO THESE TERMS SHALL NOT APPLY TO ANY DISPUTE BETWEEN US ARISING PRIOR TO THE DATE ON WHICH WE POST THE REVISED TERMS THAT CONTAIN SUCH MODIFICATIONS. YOU AGREE TO PERIODICALLY REVIEW THESE TERMS FOR CHANGES.
OVERVIEW OF CONTENT ON THE COMPANY TECHNOLOGY
All information, advertising, data, text, articles, software, music, sound, photographs, graphics, video, messages, postings, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Under no circumstances will we be liable in any way or to anyone for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted, whether by us, you, or others. The Company Technology contains Content for download and viewing by individual users ("Users") of the Company Technology, as made available by Company and our advertisers, sponsors and other content contributors ("Content Contributors"). Portions of the Company Technology authored by Company or its authorized agents, contractors, and employees are referred to as "Company Content." Portions of the Company Technology authored by Users are referred to as "User Content." Portions of the Company Technology authored by other Content Contributors are referred to as "Third Party Content."
Use and Accuracy of Company Content
All Company Content on the Company Technology, including but not limited to photographs, videos, artwork, written text is protected by federal and international copyright and intellectual property laws and is the property of Company. No portion of the Company Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of Company. The Company Technology includes numerous trademarks and service marks that are the property of Company, including but not limited to "GO", Other trademarks, service marks and logos used in the Company Technology are the trademarks, service marks or logos of third parties.
You may view or download Company Content for your own personal use. You must keep intact any notices, including trademark and copyright notices, contained on any downloaded Company Content and you must comply with any applicable end user license agreements. With respect to Company Content, any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Company. Downloading, screen capturing or copying Company Content in any manner for any use other than personally viewing the document is prohibited by copyright law.
Although Company attempts to ensure the accurateness of the Company Content, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the Company Content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to Company Content by third parties. In the event that an inaccuracy arises, please inform Company so that it can be addressed. Information contained on the Company Technology may be changed or updated without notice.
Use of User Content and Third Party Content
All User Content and Third Party Content on the Company Technology are the responsibility of their respective owners. Company is not responsible for User Content and Third Party Content, and the views and opinions expressed in User Content and Third Party Content are not necessarily those of Company. Company cannot, and does not, review User Content or Third Party Content before they are made accessible through the Company Technology. Nevertheless, please be advised that User Content and Third Party Content may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute User Content or Third Party Content may be limited accordingly.
MOBILE DEVICES
Your contract with your mobile network provider (“Mobile Provider”) may apply when accessing or using the Apps on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network while accessing or using the Apps, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. You understand that the Company Technology is provided over the Internet and mobile networks, so the quality and availability of the Company Technology may be affected by factors outside our control. We do not guarantee that the Company Technology will be compatible or operate with your Mobile Provider’s service plans, with any particular mobile device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Company Technology is unavailable or if you cannot download or access the content on the Company Technology, for any compatibility or interoperability issues, or for any communication system failure which may result in the Company Technology being unavailable.
YOUR USER ACCOUNT
If you are permitted to and choose to create an account on Company Technology, you are the only person authorized to access and use your account. You will not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies. You agree to maintain accurate and complete contact information in connection with your account, and to update this information promptly in the event it changes.
Your Content
Any change or update made to your account information, and all other postings, text, images, messages, files, and other materials you post, transmit through, or link to the Company Technology (collectively, “Your Content”) are your sole responsibility. Company and the Company Technology merely provide a means for the transmission and dissemination of Your Content. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE COMPANY TECHNOLOGY ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind resulting from Your Content.
We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, refuse to post, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request.
By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in whole or in part for the purpose which you submitted it to us
We encourage you to provide information about your experience using the Company Technology, which will enable us to improve the Company Technology. This includes any ideas or suggestions pertaining to new products, services, and other items. You give us the unencumbered right to use such ideas or suggestions. We will not provide any compensation for the ideas or suggestions, but they may make the Company Technology better or more useful for you and other Users.
Your Responsibilities
You agree that when using the Company Technology, you will not:
Deactivation
We may modify, suspend, or close your account or otherwise stop providing any Company Technology in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of any Company Technology or your account. You will not be able to access any information in your account once your access has been suspended or terminated or a Site or Apps itself has been shut down. You are responsible for making sure Your Content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of any site or APPS, or termination or suspension of your account. WE DO not export Your Content, your Information, or other data TO YOU during your use of the COMPANY TECHNOLOGY, or provide Your Content, Information, or other data to you when your account is closed.
Equipment
You are responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, Internet and other physical requirements necessary for your use of the Company Technology.
YOUR INDEMNIFICATION OF COMPANY
You agree to defend, indemnify and hold harmless Company, our officers, members, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Company Technology; (b) Your Content; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations within these Terms; (d) your infringement or misappropriation of any intellectual property or other rights of Company or third parties; (e) any negligence or willful misconduct by you; or (f) any claims of personal injury arising from your participation in any Company activity.
NO WARRANTY
THE COMPANY TECHNOLOGY, INCLUDING ANY CONTENT OR INFORMATION CONTAINED IN THE COMPANY TECHNOLOGY AND ANY RELATED SERVICE, ARE PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS NOT A WARRANTY OR PROMISE BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATION, INFORMATION, OR YOUR CONTENT. WE MAKE NO WARRANTY (i) THAT THE COMPANY TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY TECHNOLOGY OR CONTENT WILL BE ACCURATE OR RELIABLE, OR (iii) THAT THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE COMPANY TECHNOLOGY WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE COMPANY TECHNOLOGY, RELATED SERVICES, AND ANY LINKED WEBSITES.
Some jurisdictions do not allow some disclaimers of warranties, so such disclaimers and exclusions may not apply to you.
LIMITATIONS OF LIABILITY
NEITHER WE NOR OUR SUPPLIERS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ANY PRODUCTS OR SERVICES, THE COMPANY TECHNOLOGY, RELATED SERVICES, CONTENT OR INFORMATION CONTAINED IN THE COMPANY TECHNOLOGY OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PRODUCTS OR SERVICES, THE COMPANY TECHNOLOGY, RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES IS TO STOP USING THE PRODUCTS, SERVICES, COMPANY TECHNOLOGY, RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES.
IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES RELATING TO THIS AGREEMENT GREATER THAN ONE HUNDRED U.S. DOLLARS ($100), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.
INFRINGEMENT
It is Company policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. Company will terminate the access of all Users who infringe the intellectual property rights of others. Likewise, any apparent infringement of Company’ intellectual property rights by one of a User will result in the immediate termination of that User’s access to the Company Technology.
If Company removes or disables access to User Content or Third Party Content according to these Terms, Company may, in its discretion, provide the Content Contributor with a copy of the notification which prompted removal or disabled access to the User Content or Third Party Content. However, Company reserves the right to withhold access to and/or not replace the User Content or Third Party Content unless ordered to do so by a court or other tribunal of competent jurisdiction.
If you believe someone is using your copyrighted work without your permission on any of the Company Technology, you may wish to may contact our Designated Copyright Agent. Notifications of claimed copyright infringement and counter notices should be sent to our Designated Copyright Agent using the following contact information:
GO Family, LLC
Attn: Designated Copyright Agent
7200 Wisconsin Avenue, Suite 1106
Bethesda, MD 20814
Phone: 301-654-AUTO
Email: info@goautoexperience.com
We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Notices of copyright infringement must include the following required information:
OTHER WEBSITES
Company makes no representations whatsoever about any other website that you may access though the Company Technology. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. You must ensure that whatever you select for your use or download from that website is free of items such as viruses, worms, trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.
OUR COMMUNICATIONS
The e-mail address you provide during the account registration process will be the e-mail address we will use for all Company Technology-related communications to you. We may also send you messages via your account for the Company Technology. It is your responsibility to monitor your email and Company Technology accounts and respond in an appropriate manner. Our Company Technology may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you provide is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.
You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice in writing and by certified and registered mail to the above address.
CHOICE OF LAW AND VENUE
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR COMPANY TECHNOLOGY.
These Terms are entered into in the State of Maryland, U.S.A., and are governed by the laws of the State of Maryland, U.S.A., exclusive of its choice of law rules. YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF MONTGOMERY IN THE STATE OF MARYLAND, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party. Each party expressly waives the right to a jury trial with respect to any dispute.
USERS FROM OUTSIDE THE UNITED STATES
The Company Technology is governed by United States law. If you are using the Company Technology from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States or other countries, depending on the location of the servers of Company or our suppliers. The laws of the United States and other countries might not be as comprehensive as those in your country. BY USING THE COMPANY TECHNOLOGY, YOU CONSENT TO YOUR INFORMATION BEING TRANSFERRED TO OUR FACILITIES AND TO THE FACILITIES OF THOSE THIRD PARTIES WITH WHOM WE SHARE IT AS DESCRIBED IN OUR PRIVACY POLICY [insert link]. In addition, information that we publish on the Internet may contain references or cross references to our Products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.
ENTIRE AGREEMENT
Except as expressly stated elsewhere in these Terms, these Terms constitute the entire agreement between Company and you pertaining to the subject matter described in these Terms. Your use of the Company Technology and any related services is also subject to our Privacy Policy [insert link]. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. You may not assign or otherwise transfer any rights or obligations under these Terms to any third party without our prior written consent. No waiver will be effective unless made in writing and signed by the waiving party. Neither party will be liable for any delay in or failure of performance resulting from any cause or condition beyond the party’s reasonable control, whether foreseeable or not, including vandalism that disrupts or corrupts the Company Technology.
USE OF OUR COMPANY TECHNOLOGY AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH ABOVE. PLEASE READ THIS INFORMATION CAREFULLY. YOUR CONTINUED USE OF OUR COMPANY TECHNOLOGY INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS SET FORTH ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY EXIT THE SITES OR APPS YOU ARE USING.