GOMO TERMS OF SERVICE AGREEMENT
Updated April 28th, 2020
Welcome to Gomo ("Gomo," "we," or "our"), operated by Hailify, Inc.
By using the website located at www.drivegomo.com, as well as the related mobile
website and the mobile application called Gomo (the “App”) (collectively, the
“Websites”), you agree to be bound by these Terms of Service (this “Terms of Service”
or “Agreement”), whether or not you register as a Member of Gomo. If you wish to
become a Member and/or make use of the service (the “Service”), please read this
Agreement. If you object to anything in this Agreement or the Gomo Privacy Policy, do
not use the Service.
You may become a “Member” of the Service, which shall be defined as a person who
uses the Service and/or provides information to the Service.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND
A DISPUTE RESOLUTION AND CLASS ACTION WAIVER CLAUSE THAT
GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Electronic Agreement. This Terms of Service is an electronic contract that sets out
the legally binding terms of your use of the Service. This Terms of Service is subject to
change by Gomo at any time, effective upon posting on the Websites. By accessing
and/or using the Service or becoming a Member, you accept this Terms of Service and
agree to the terms, conditions and notices contained or referenced herein. Your continued
use of the Service following Gomo’s posting of revised terms of any section of the Terms
of Service will constitute your express and binding acceptance of and consent to the
revised Terms of Service.
2. Access and Retention. In order to access and retain this electronic Agreement, you
must have access to the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such access. In addition, you
must use all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device. Please print a copy of this
document for your records. To retain an electronic copy of this Agreement, you may save
it into any word processing program.
3. Eligibility. You must be at least eighteen (18) years of age to use the Service. By using
the Service, you represent and warrant that you have the right, authority and capacity to
enter into this Agreement and to abide by all of the terms and conditions of this
Agreement.
The Service is also not available to any users who have been previously removed or
suspended from the Service.
By using the Service, you represent and warrant that you have the right, authority and
capacity to enter into this Terms of Service and to abide by all of the terms and
conditions of this Terms of Service.
4. Rideshare Services
By using the Service, you give Gomo permission to connect to, and access, the rideshare
services which you connect to the Service, including Uber, Lyft, Juno, and/or Via
(collectively, the “Rideshare Services”). By connecting any of the Rideshare Services to
the Service, you give Gomo permission to collect and store data from your Rideshare
Services accounts in accordance with these Terms of Service and our Privacy Policy.
This data includes hours worked, miles driven, money earned, routes taken, and other
metrics, both for each individual Rideshare Service and in totality.
Gomo is not affiliated with any of the Rideshare Services, nor is the Service offered,
sponsored, associated with or endorsed by any of the Rideshare Services. Each of the
Rideshare Service’s names and logos are either registered trademarks or trademarks of
such Rideshare Service in the United States and/or other countries.
By using the Service, you acknowledge and agree that you are in compliance with the
Terms of Service, Privacy Policy, and any other relevant agreement(s) with the Rideshare
Service(s) which you use (collectively, the “Rideshare Terms”). You acknowledge and
agree that Gomo is not responsible for your compliance with such Rideshare Terms, and
that Gomo does not undertake to ensure your compliance with such Rideshare Terms.
Gomo disclaims all liability for your compliance with such Rideshare Terms, and you
agree to indemnify Gomo for the same, in accordance with Sections 23 (“Limitation of
Liability” and 25 (“Indemnity by You”) of these Terms.
5. License for Mobile Application
Gomo grants you, subject to your compliance with these Terms of Service, a limited,
non-exclusive, non-transferable license to download and install a copy of the App. You
may download the App on a single device (whether mobile or otherwise) to which you
have exclusive control. We reserve all rights in and to the App which are not expressly
granted to you under these Terms of Service. You are prohibited from running any
version of the App on a jailbroken device.
You acknowledge and agree that new or updated versions of the App may include new or
updated Terms of Service. Because new or updated versions of the App may include
enhanced security or fixes to previous security-related problems, the failure to install the
new version of the App may expose you to security risks, including without limitation a
breach of your personal information.
6. Commercial Use of Service.
If you are using and/or accessing the Service on behalf of a company, entity, or
organization (collectively, a “Subscribing Entity”), you represent and warrant that:
a. You are an authorized representative of the Subscribing Entity, and that you have the
authority to bind the Subscribing Entity to this Terms of Service;
b. You have read and understand this Terms of Service; and
c. You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting
usernames and/or email addresses of Members by electronic or other means for the
purpose of sending unsolicited email, unauthorized framing of or linking to the Service,
sharing or disclosing your username or password to any third party or permitting any
third party to access your account, attempting to impersonate another user or
person, use of the Service in any fraudulent or misleading manner, any automated use of
the system, such as scraping the Service, automated scripts, spiders, robots, crawlers,
harvesting or data mining tools or the like, interfering with, disrupting, or creating an
undue burden on the Service or the networks or services connected to the Service, and
using the Service in a manner inconsistent with any and all applicable laws and
regulations. Illegal and/or unauthorized use of the Service may be investigated, and
appropriate legal action may be taken, including without limitation, civil, criminal, and
injunctive redress. Use of the Service is with the permission of Gomo, which may be
revoked at any time, for any reason, in Gomo’s sole discretion.
7. Account Creation and Security. You are responsible for maintaining the
confidentiality of the username and password that you designate during the registration
process, and you are fully responsible for all activities that occur under your username
and password. You agree to (a) immediately notify Gomo of any unauthorized use of
your username or password or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Gomo will not be liable for any loss or
damage arising from your failure to comply with this provision. You should use
particular caution when accessing your account from a public or shared computer so that
others are not able to view or record your password or other personal information. If you
share your computer with others, you may wish to consider disabling your auto-sign in
feature if you have it linked to your Gomo account.
In creating and maintaining your account, you agree to provide accurate information to us
at all times. In the event that you discover that you have provided inaccurate or
misleading information, you agree to immediately correct such information. If you use an
alias as your account name, you agree not to use an alias that is vulgar, defamatory,
offensive, or that violates any third party’s intellectual property rights or otherwise
violates these Terms of Service or the Gomo Privacy Policy.
8. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any content from the
Websites or Service, unless given express permission by Gomo.
b. You must not copy, republish, adapt, make available or otherwise communicate to the
public, display, perform, transfer, share, distribute or otherwise use or exploit any content
on or from the Websites and/or Service.
c. You must not use any content in any way that is designed to create a separate service
or that replicates any part of the offering of the Service.
d. You must not post any content that solicits, or is designed to solicit, money or services
from other Members.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish
or otherwise make use of any content.
f. You must not employ any techniques or make use of any services, automated or
otherwise, designed to misrepresent your activity on the Service, including without
limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated
means to register accounts, log in, send messages, post comments, or otherwise to act on
your behalf, particularly where such activity occurs in a multiple or repetitive fashion.
You must not offer or promote the availability of any such techniques or services to any
other users of the Service.
g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright
or other proprietary or legal notices contained in, or appearing on, the Websites or any
Content appearing on the Websites.
h. You must not, and must not permit any third party to, copy or adapt the object code of
the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to
discover any source or object code of any part of the Websites, or circumvent or attempt
to circumvent or copy any copy protection mechanism or access any rights management
information pertaining to content on the Websites.
i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute,
promote, make available or otherwise communicate to the public:
i. any content that is offensive, abusive, libelous, defamatory, obscene, racist,
sexually explicit, ethnically or culturally offensive, indecent, that promotes
violence, terrorism, or illegal acts, incites hatred on grounds of race, gender,
religion or sexual orientation, or is otherwise objectionable in Gomo’s sole and
reasonable discretion;
ii. any nude or sexually suggestive photographs;
iii. any information, content or other material that violates, plagiarizes,
misappropriates or infringes the rights of third parties including, without
limitation, copyright, trademark rights, rights of privacy or publicity, confidential
information or any other right; or
iv. any content that violates, breaches or is contrary to any law, rule, regulation, court
order or is otherwise is illegal or unlawful in Gomo’s sole and reasonable opinion;
v. any material of any kind that contains any virus, Trojan horse, spyware, adware,
malware, bot, time bomb, worm, or other harmful or malicious component, which
will or might overburden, impair or disrupt the Service or servers or networks
forming part of, or connected to, the Service, or which does or might restrict or
inhibit any other user's use and enjoyment of the Service;
vi. any unsolicited or unauthorized advertising, promotional messages, spam or any
other form of solicitation; or
vii. impersonates another person or contains photographs, images, or audio of another
person without that person’s permission or, if the person is a minor, the minor’s
legal guardian.
j. You must not commit or engage in, or encourage, induce, solicit or promote, any
conduct that would constitute a criminal offense, give rise to civil liability or otherwise
violate any law or regulation.
k. You must not rent, sell or lease access to the Service, or any content on the Websites.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity, for example, by registering an account in the
name of another person or company, or sending messages or making comments using the
name of another person.
m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any
Gomo employee. If Gomo determines that any user has threatened, stalked, harassed, or
verbally abused any Gomo employee or another Gomo Member, Gomo reserves the right
to immediately terminate that user’s membership and suspend access to the Service.
n. You must not sell or transfer, or offer to sell or transfer, any Gomo account to any
third party without the prior written approval of Gomo.
o. You must not collect or attempt to collect personal data, or any other kind of
information about other users, including without limitation, through spidering or any
form of scraping.
p. You must not violate, circumvent or attempt to violate or circumvent any data security
measures employed by Gomo; access or attempt to access data or materials which are not
intended for your use; log into, or attempt to log into, a server or account which you are
not authorized to access; attempt to scan or test the vulnerability of Gomo’s servers,
system or network or attempt to breach Gomo’s data security or authentication
procedures; attempt to interfere with the Websites or the Services by any means
including, without limitation, hacking Gomo’s servers or systems, submitting a virus,
overloading, mail-bombing or crashing. Without limitation to any other rights or
remedies of Gomo under these Terms of Service, Gomo reserves the right to investigate
any situation that appears to involve any of the above, and may report such matters to,
and cooperate with, appropriate law enforcement authorities in prosecuting any users who
have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that Gomo
has the right, in its sole discretion, to terminate your account or take such other action as
we see fit if you breach any of the above conditions or any of the other terms of these
Terms of Service. This may include taking court action and/or reporting offending users
to the relevant authorities.
9. No Employment or Agency Relationship.
You acknowledge and agree that these Terms of Service, and the Privacy Policy, do not
create any employment, agency, partnership, or joint venture relationship between you
and Gomo.
10. You Bear Risk of Upload. Gomo uses reasonable security measures in order to
attempt to protect any content or information that you upload, including without
limitation any of your personal data (collectively, “Your Content”). However, Gomo
cannot guarantee that there will be no unauthorized copying or distribution of Your
Content nor will Gomo be liable for any copying or usage of Your Content not authorized
by Gomo. You hereby release and forever waive any claims you may have against Gomo
for any such unauthorized copying or usage of Your Content, under any theory of
liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY
GOMO HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO
WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL
WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT
THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION
OF SUCH SECURITY MEASURES.
Gomo may, in our sole discretion, remove any content posted on the Service, for any
reason or no reason whatsoever. Notwithstanding the foregoing, we are not obligated to
monitor content uploaded to the Service and we do not guarantee that we will remove any
content that violates these Terms of Service or is illegal or otherwise objectionable.
Gomo reserves the right, in our sole discretion, to limit the quantity or method of
communications that you may send to other Members within a set period of time.
Without limiting the foregoing, Gomo has the right to cooperate fully with any court or
law enforcement agency or authority ordering or requesting that we disclose the identity
of, or any other information about, anyone posting any materials on or through the
Websites or Service. YOU AGREE TO WAIVE AND HOLD HARMLESS GOMO, ITS
AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING
PARTIES, DURING, IN RESPONSE TO, OR AS A RESULT OF, ITS
INVESTIGATIONS, AS WELL AS FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF SUCH INVESTIGATIONS, WHETHER BY SUCH PARTIES
OR BY A COURT OR LAW ENFORCEMENT AGENCY OR AUTHORITY.
Notwithstanding the foregoing, Gomo cannot and does not undertake to review all
materials before they are posted on the Websites or Service. Gomo cannot ensure that
objectionable material will be promptly removed after it has been posted.
Gomo assumes no liability for any action or inaction taken by us or any of our affiliates,
licensees, and/or service providers, regarding content, communications, or transmissions
from or by any user or third party. Gomo has no liability or responsibility to anyone for
performance or nonperformance of the aforementioned activities.
11. Membership; Pricing; Charges on Your Account.
a. General. Gomo is a paid service; however, the Service is consumable outside of the
App in that you can access many of the Service’s features outside of the App. Please note
that the billing policies that are disclosed to you in subscribing to the service are deemed
part of this Terms of Service. Notwithstanding anything herein, you are solely
responsible for all taxes associated with your use of the Websites and/or Service.
b. Billing. Gomo bills you through an online account (your "Billing Account") for use of
the Service. You agree to pay Gomo all charges at the prices then in effect for any use of
the Service by you or other persons (including your agents) using your Billing Account,
and you authorize Gomo to charge your chosen payment provider (your "Payment
Method") for the Service. You agree to make payment using that selected Payment
Method. Gomo reserves the right to correct any errors or mistakes that it makes even if it
has already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method
and may be determined by agreements between you and the financial institution, credit
card issuer or other provider of your chosen payment method.
d. Recurring Billing. Our subscription plans to the Service consist of an initial period,
for which there is a one-time charge, followed by recurring period charges as agreed to
by you. By entering into this Agreement, you acknowledge that your subscription has an
initial and recurring payment feature and you accept responsibility for all recurring
charges prior to cancellation. Gomo may submit periodic charges (e.g. yearly) without
further authorization from you, until you provide prior notice (confirmed in writing by
Gomo) that you have terminated this authorization or wish to change your payment
method. Such notice will not affect charges submitted before Gomo could reasonably act.
You may change your payment method or cancel your paid membership by a provider of
your chosen Payment Method (the "Payment Method Provider") in your account settings
on the Websites. For your convenience, we take your payment information so that your
Gomo membership will not be interrupted. We auto-renew your membership at the level
you selected. Your Gomo subscription will be automatically extended for successive
renewal periods of the same duration as the subscription term originally selected, at the
then-current non-promotional subscription rate (if applicable). You may cancel in your
account settings or by sending us an email at info@drivegomo.com or
support@drivegomo.com.
e. Refunds. All charges are billed in advance. In the event that you cancel your
subscription in accordance with Section 11(d), you will receive a prorated refund for the
portion of your fee which would have been paid after the date of cancellation. Please note
that you will not be eligible for a prorated refund of any portion of the subscription fee
paid for the then-current subscription period.
f. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE
AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST
PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT
CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING
ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE),
AND YOU MUST PROMPTLY NOTIFY GOMO IF YOUR PAYMENT METHOD IS
CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A
POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO
SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL
TO PROVIDE GOMO ANY OF THE FOREGOING INFORMATION, YOU AGREE
THAT GOMO MAY CONTINUE CHARGING YOU FOR ANY USE OF THE
SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE
TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY
YOU IN WRITING UPON REQUEST BY GOMO).
g. Payment Method. The terms of your payment will be based on your Payment Method
and may be determined by agreements between you and the financial institution, credit
card issuer or other provider of your chosen payment method.
h. Reaffirmation of Authorization. Your non-termination or continued use of the
Service reaffirms that Gomo is authorized to charge your Payment Method. Gomo may
submit those charges for payment and you will be responsible for such charges. This does
not waive Gomo’s right to seek payment directly from you. Your charges may be payable
in advance, in arrears, per usage, or as otherwise described when you initially subscribed
to the Service.
i. Free Trial; Promotion. We may provide a free trial or other promotion (the
"Promotion"), which Promotion may provide you access to some or all features afforded
to paying members of the Service. In order to avoid being charged a subscription fee for
the Service, you must cancel your subscription prior to the termination of the trial period.
If you cancel prior to the termination of the trial period yet you are still charged for
access to the Service, please contact us at info@drivegomo.com or
support@drivegomo.com.
12. Modifications to Service, Termination of Service. Gomo reserves the right at any
time to modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Gomo shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
13. Blocking of IP Addresses. In order to protect the integrity of the Services, Gomo
reserves the right at any time in its sole discretion to block Members from certain IP
addresses from accessing the Websites and/or Service.
14. Term. This Terms of Service will remain in full force and effect while you use the
Websites and/or Service. You may terminate your membership at any time by emailing
us at info@drivegomo.com or support@drivegomo.com. If you resign or cancel your
membership to Gomo, to help Gomo analyze and improve the Service, you may be asked
to provide a reason for your resignation/cancellation.
Gomo may terminate your membership for any reason by sending notice to you at the
email address you provide in your application for membership, or such other email
address as you may later provide to Gomo. All decisions regarding the termination of
accounts shall be made in the sole discretion of Gomo. Gomo is not required to provide
you notice prior to terminating your membership. Gomo is not required, and may be
prohibited, from disclosing a reason for the termination of your account. Even after your
membership is terminated, this Terms of Service will remain in effect. All terms that by
their nature may survive termination of this Terms of Service shall be deemed to survive
such termination.
If either you or Gomo terminates your membership, you may lose Your Content or any
other information stored on or in association with your account.
15. Geographic Restrictions. Gomo does not warrant or guarantee that the Service, or
any of its content, is or will be accessible and/or legally permissible outside of the United
States. Access to the Service, or certain parts thereof, may not be legal by certain persons
or in certain countries. You acknowledge and agree that if you choose to access the
Service from outside the United States, you do so entirely on your own initiative and at
your own risk, and that you are solely responsible for compliance with local laws.
16. Third Party Content. Gomo may provide third party content on the Websites and/or
Service and may provide links to webpages and content of third parties (collectively, the
“Third-Party Content”) as a service to those interested in this information. Gomo does not
control, endorse or adopt any Third-Party Content and makes no representation or
warranties of any kind regarding the Third-Party Content, including without limitation
regarding its accuracy or completeness. Please be aware that Gomo does not create Third-
Party Content, nor does Gomo update or monitor it. Gomo is therefore not responsible for
any Third-Party Content on the Service. Members use such Third-Party Content at their
own risk.
The Service may include links or references to other web sites or services solely as a
convenience to Gomo users (collectively, the “Reference Sites”). Gomo does not endorse
any Reference Sites or the information, materials, products, or services contained on or
accessible through Reference Sites. In addition, your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the Service are
solely between you and the relevant advertiser. Access and use of Reference Sites,
including the information, materials, products, and services on or available through
Reference Sites is solely at your own risk.
17. Partnerships; Third Party Services. Gomo may partner with certain third party
services (collectively, the “Third Party Services”), giving you an opportunity to purchase
such third party’s services through the Gomo Service. Currently, Gomo offers the
following third party services through the Service:
-
Sprint: cell phone subscription
You acknowledge and agree that Gomo has no connection with such Third Party Services
beyond directing you to their website to purchase such service. You acknowledge and
agree that Gomo is not a party to any agreement between you and a Third Party Service,
and that, as further set forth in Section 23, we are not liable to you for any loss incurred
as a result of, or relating to, any Third Party Service or your relationship with such
relevant third party, including without limitation failure to communicate, breach of
contract, physical injury, death, emotional distress, property damage, conversion, fraud,
negligence, and intellectual property violations.
You further acknowledge and agree that Gomo is not responsible for addressing or
resolving any claims by you or a third party relating to your purchase and/or use of any
Third Party Service, including, but not limited to, warranty or liability claims, claims that
such Third Party Service fails to conform to a legal or regulatory requirement, or
consumer protection or similar claims.
Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform
to any warranty shall be the relevant Third Party Service’s responsibility. Your use of any
Third Party Service is subject to, and governed by, that Third Party Service’s Terms of
Service, Privacy Policy, and any other contracts or policies provided by such Third Party
Service (collectively, the “Third Party Terms”). By purchasing or using a Third Party
Service, you acknowledge and agree that you have read, and understand, such Third Party
Terms.
Gomo is not affiliated with any of the Third Party Services, except as set forth above, nor
is the Service offered, sponsored, associated with or endorsed by any of the Third Party
Services. Each of the Third Party Service’s names and logos are either registered
trademarks or trademarks of such Third Party Service in the United States and/or other
countries.
18. Bookkeeping Services. Gomo may provide certain tools designed to provide support
to you for bookkeeping, expense tracking, and tax preparation purposes (the
“Bookkeeping Tools”). You acknowledge and agree that the Bookkeeping Tools are
provided for informational and educational purposes only. Gomo is not an accounting or
boookeeping firm nor does it offer you tax, financial, or other advice, recommendations,
mediations or any kind of counseling. Your use of the Bookkeeping Tools does not
establish any attorney-professional relationship between you and Gomo, nor does it
obligate Gomo to keep any information communicated by you confidential except as
otherwise required by these Terms of Service or our Privacy Policy.
You acknowledge and agree that Gomo will not be held liable for any damages incurred
by you resulting from, or otherwise related to, your use of the Bookeeping Tools, nor for
actions or omissions of any professional who uses the Bookkeeping Tools in the course
of providing services to you.
19. Intellectual Property. Gomo, the Gomo logos and any other product or service name
or slogan contained in the Service are trademarks of Gomo or our suppliers or licensors
and may not be copied, imitated or used, in whole or in part, without the prior written
permission of Gomo or the applicable trademark holder. Any authorized use of these
trademarks must be in accordance with any guidelines that Gomo may provide you from
time to time.
Gomo retains all proprietary rights in the Websites and the Service, except where
otherwise noted. The Websites contain the copyrighted material, trademarks, and other
proprietary information of Gomo, and its licensors. Except where we have given you
express written permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information. All content on Gomo is
proprietary. Except where otherwise specified in this Agreement, all content is
copyrighted material of Gomo and for Gomo Members' use only. Distribution of content
to others is strictly prohibited. You agree that Gomo would be irreparably harmed by any
violation or threatened violation of this section and that, therefore, Gomo shall be entitled
to an injunction prohibiting you from any violation or threatened violation of this section,
without posting bond, in addition to any other right or remedy it may have.
You must not reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store or transmit any of the material on the
Websites or Service, except as follows:
-
Your computer may temporarily store copies of such materials in RAM incidental
to your accessing and viewing those materials; -
You may store files that are automatically cached by your Web browser for
display enhancement purposes; -
You may print one copy of a reasonable number of pages of the Websites for your
own personal, non-commercial use and not for further reproduction, publication
or distribution; -
If we provide desktop, mobile or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end user
license agreement for such applications. If we provide social media features with
certain content, you may take such actions as are enabled by such features.
You must not:
-
Modify any materials on the Service, or any copies thereof;
-
Use any illustrations, photographs, video or audio sequences or any graphics
separately from the accompanying text; or -
Delete or alter any copyright, trademark or other proprietary rights notices from
copies of materials from this site.
You must not access or use for any commercial purposes any part of the Websites or
Service or any services or materials available through the Websites or Service.
In the event that you print, copy, modify, download or otherwise use or provide any other
person or entity with access to any part of the Websites or Service in breach of the Terms
of Service, your right to use the Websites and/or Service will cease immediately and you
must, at Gomo’s sole option, return or destroy any copies of the materials you have made.
No right, title or interest in or to the Websites or Content, or any content thereon, is
transferred to you, and all rights not expressly granted are reserved by Gomo. Any use of
the Service not expressly permitted by these Terms of Service is a breach of these Terms
of Service and may violate copyright, trademark and other laws.
We may provide links to third party websites, and some of the content appearing on
Gomo may be supplied by third parties. Gomo has no responsibility for these third party
websites nor for their content, which is subject to and governed by the terms of service
and/or privacy policies, if any, of the applicable third party content providers.
You may not use any metatags or any other hidden text utilizing "Hailify, "Gomo"" or
any other name, trademark or product or service name of Gomo without our prior written
permission. In addition, the look and feel of the Gomo Service, including all page
headers, custom graphics, button icons and scripts, is the service mark, trademark and/or
trade dress of Gomo and may not be copied, imitated or used, in whole or in part, without
our prior written permission. All other trademarks, registered trademarks, product names
and company names or logos mentioned in the Service are the property of their respective
owners. Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Gomo. Unless otherwise indicated, all content and
other materials on the Service, including, without limitation, Gomo’s logos, the visual
interfaces, graphics, design, compilation, information, software, computer code
(including source code or object code), services, text, pictures, information, data, sound
files, other files and the selection and arrangement thereof (collectively, the “Materials”)
are protected by United States copyright, trade dress, patent, and trademark laws,
international conventions, and all other relevant intellectual property and proprietary
rights, and applicable laws (including in your country of residence).
20. Ownership of Your Content; Licenses.
Gomo does not claim ownership of Your Content. However, with respect to Your
Content, you grant Gomo a worldwide, royalty-free, irrevocable, and non-exclusive
license(s) to use, modify, and share such content in compliance with these Terms of
Service and our Privacy Policy.
In the event that you send any unsolicited ideas, suggestions, or feedback to Gomo
(collectively, the “Feedback”), you acknowledge and agree that such Feedback is non-
confidential and non-proprietary to you, and you grant to Gomo a worldwide, royalty-free
and non-exclusive license(s) to use, distribute, reproduce, and publicly display such
Feedback for any reason or purpose, without attribution or compensation to you.
21. Repeat Infringer Policy. Gomo has adopted a policy that it will promptly terminate
without notice any user's access to the Service if that user is determined by Gomo to be a
"repeat infringer." A repeat infringer includes, without limitation, a user who has been
notified by Gomo of infringing activity violations more than twice and/or who has had
any user-submitted content removed from the Service more than twice. Gomo may also at
our sole discretion limit access to the Service and/or terminate the accounts of any users
who infringe any intellectual property rights of others, whether or not there is any repeat
infringement.
In addition, Gomo accommodates and does not interfere with standard technical measures
used by intellectual property rights owners to protect their materials.
Please note that we do not offer refunds to Members whose accounts are terminated as a
result of repeated infringement of these Terms of Service.
22. Terms for the iOS App
You acknowledge and agree that this Terms of Service is between you and Gomo only,
and that Apple is not a party to these Terms of Service. Gomo, not Apple, is responsible
for the App and its contents.
You must not use the iOS App except on an Apple-branded product that is running iOS.
Any use of the App by you must comply with the relevant terms of service for the Apple
Source from which you obtained it (including, without limitation, the Usage Rules set
forth in the Apple App Store Terms of Service). You acknowledge and agree that Apple
does not have any obligation to furnish you with maintenance and/or support services
with respect to the App.
You further acknowledge and agree that Apple is not responsible for addressing or
resolving any claims by you or a third party relating to your use and/or possession of the
App, including, but not limited to, warranty or liability claims, claims that the App fails
to conform to a legal or regulatory requirement, consumer protection or similar claims, or
claims that the App infringes the intellectual property rights of a third party (including,
without limitation, trademark, copyright, and/or patent rights).
Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform
to any warranty shall be Gomo’s responsibility, to the extent allowable by these Terms of
Service. It is important that you read the entire Terms of Service, as other sections of
these Terms of Service limit our liability.
Apple and its subsidiaries are third-party beneficiaries of these Terms of Service. By
accepting these Terms of Service, you acknowledge and agree that Apple shall have the
right (and will be deemed to have accepted that right) to enforce the Terms of Service
against you as a third party beneficiary. Apple is the sole third party beneficiary and there
are no other third-party beneficiaries of the Terms.
23. Limitation of Liability. In no event shall Gomo be liable for any damages
whatsoever, whether direct, indirect, general, special, compensatory, consequential,
and/or incidental, arising out of or relating to the Websites or Service, or use thereof.
Nothing contained in the Websites or Service or in any written or oral communications
from Gomo or its employees or agents shall be construed to make any promise, covenant,
warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the
statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services
provided by employees of the Websites and Service, are offered "as is" without warranty
of any kind, either express or implied, including, without limitation, implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement. Gomo makes
no warranties, express or implied, as to the ownership, accuracy, completeness or
adequacy of the Websites’ content or that the functionality of the Websites or Service
will be uninterrupted or error-free or free from virus or third party attack. You hereby
acknowledge that your use of the Websites and the Service is at your sole risk. UNDER
NO CIRCUMSTANCES SHALL GOMO, ITS OFFICERS, OWNERS, EMPLOYEES
OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE
LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR
INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES
OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING
WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED
FROM THE WEBSITES OR SERVICE, EVEN IF GOMO HAS BEEN NOTIFIED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF
THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO
EVENT WILL GOMO HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE,
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO
THE AGREEMENT, WEBSITES OR THE SERVICE, OR YOUR USE THEREOF,
INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, DEATH, EMOTIONAL
DISTRESS, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT
INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR
MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER
DAMAGES OR LOSSES, EVEN IF GOMO HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON
WHICH SUCH LIABILITY IS BASED.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT GOMO SHALL HAVE NO
LIABILITY FOR DAMAGES ARISING FROM ANY DISPUTE BETWEEN
YOURSELF AND ANOTHER USER OF THE SERVICE.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the
greatest extent permitted by law, you agree that the entire aggregate liability of Gomo
and sole remedy available to any Member in any case in any way arising out of or
relating to the Agreement, Websites or the Service shall be limited to monetary damages
that in the aggregate may not exceed the greater of $500.00 or the sum of any amount
paid by the Member or user to Gomo during the six months prior to notice to Gomo of
the dispute for which the remedy is sought.
24. Reliance on Information Posted. The information presented on or through the
Websites and/or Service is made available solely for general information purposes. Gomo
does not warrant the accuracy, completeness or usefulness of any such information. Any
reliance you place on such information is strictly at your own risk. Gomo disclaims all
liability and responsibility arising from any reliance placed on such materials by you or
any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties, including materials provided
by other users and third-party licensors, syndicators, content creators, aggregators and/or
reporting services. All statements and/or opinions expressed in such materials, and all
articles and responses to questions and/or other content, other than content provided by
Gomo, are solely the opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the opinion of Gomo, and
Gomo is not responsible, or liable to you or any third party, for the content or accuracy of
any materials provided by any third parties.
25. Indemnity by You. You agree to indemnify and hold Gomo, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, arising out of or related
to:
a. your use of the Service and/or Websites in violation of this Terms of Service and/or
arising from a breach of this Terms of Service including without limitation your
representations and warranties set forth above; or
b. any activity related to your account, be it by you or by any other person accessing your
account with or without your consent unless such activity was caused by the act or
default of Gomo.
26. Attorney Fees. In the event that Gomo is successful in whole or in part in any action
or proceeding related to or arising from this Terms of Service, you shall be responsible
for Gomo’s attorneys' fees and costs.
27. Parental or Guardian Permission. Some of the content on the Websites may not be
appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT
PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A
SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER
THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED
SERVICES OR GIVE GOMO THEIR EMAIL ADDRESS OR ANY OTHER
PERSONALLY IDENTIFIABLE INFORMATION.
28. Communications from Gomo. Gomo may, at its sole discretion, provide you with
notices, including without limitation notices regarding changes to this Agreement, using
any reasonable means now known or hereafter developed, including without limitation by
email, regular mail, SMS, MMS, text message or postings on the Service. By using or
accessing the Service, you expressly consent to receive such communications. Such
notices may not be received if you violate this Agreement by accessing the Service in an
unauthorized manner. You acknowledge and agree that you are deemed to have received
any and all notices that would have been delivered had you accessed the Service in an
authorized manner.
29. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising
out of the Websites and/or the Service, by using the Websites and/or Service, you
expressly agree that any such dispute shall be governed by the laws of the State of New
Jersey, without regard to its conflict of law provisions, and you expressly agree and
consent to the exclusive jurisdiction and venue of the state and federal courts of the State
of New Jersey, for the resolution of any such dispute. Acceptance of the terms and
conditions of this Agreement constitutes your consent to be sued in such courts and to
accept service of process outside the State of New Jersey with the same force and effect
as if such service had been made within the State of New Jersey. You hereby agree to
accept service of process for any action hereunder by certified mail return receipt
requested which service shall have the same force and effect as though service had been
effected by personal service in the applicable jurisdiction. If any part of these terms is
unlawful, void, or unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of the remaining provisions.
30. Arbitration Provision/No Class Action. Except where prohibited by law, as a
condition of using the Websites and/or Service, you agree that any and all disputes,
claims and causes of action (collectively, "Claim") arising out of or connected with the
Websites and/or Service, shall be resolved individually, without resort to any form of
class action, exclusively by binding arbitration for full and final settlement of such Claim,
and judgment on the award rendered in the arbitration may be entered in any court having
jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award
rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of
New Jersey, County of Middlesex, or the United States District Court for the District of
New Jersey. The parties agree that any post-arbitration action seeking to enforce an
arbitration award or action seeking equitable or injunctive relief shall be brought
exclusively in the courts of the State of New Jersey, County of Middlesex, or the United
States District Court for the District of New Jersey.
31. No Third Party Beneficiaries. You agree that, except as otherwise expressly
provided in this Terms of Service, there shall be no third party beneficiaries to this Terms
of Service.
32. Availability Outside the U.S. If you access Gomo from outside of the United States,
you do so at your own risk and are responsible for compliance with the laws of your
jurisdiction. If you access the Websites or Service from outside of the United States, you
acknowledge that any personal information you provide will be processed in the United
States and other geographies as selected by us in our sole discretion, and you hereby
consent to the collection and processing of your personal information in a manner
consistent with this Agreement the Gomo Privacy Policy.
33. Amendment. Gomo may make changes to these Terms at any time. Any revised
terms will be effective upon posting on the Websites; your use of the Websites and/or
Service after these updated Terms have been posted will constitute your express
acceptance of the revised Terms. If you are a subscribing (e.g., paying) Member at the
time of any such amendment, the then-existing Terms of Service will continue to govern
your membership until your subscription renews in accordance with Section 11. If you
continue your subscription, this renewal will constitute your express acceptance of, and
consent to, the revise Terms of Service. If you instead elect to terminate your
subscription, any use of the Service by you following such termination will constitute
your express acceptance of the Terms of Service.
34. Entire Agreement. This Terms of Service, along with the Gomo Privacy Policy,
contains the entire agreement between you and Gomo regarding the use of the Websites
and/or the Service.
35. Severability; Waiver. If any provision of this Terms of Service 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 this Terms of Service, which shall
remain in full force and effect. No waiver of any term of this Terms of Service shall be
deemed a further or continuing waiver of such term or any other term. In addition,
Gomo’s failure to enforce any term of this Terms of Service shall not be deemed as a
waiver of such term or otherwise affect Gomo’s ability to enforce such term at any point
in the future.
36. Headings. The section headings contained in this Terms of Service are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Terms
of Service.
37. Delivery with Gomo. The user of this can deliver good(s) through the Gomo
application. Please see the Independent Contractor agreement as displayed in the Gomo
application for Delivery with Gomo, for more information.
Please contact us with any questions regarding this agreement. Gomo is a trademark of
Hailify, Inc.
Gomo reserves all rights not expressly granted in these Terms of Service.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
