End user agreement for GoForIt
TERMS OF SERVICE
By clicking I Agree button or using this software, ("GoFor-It"), you agree to be bound by the following software license terms and conditions (the "Agreement" or “Software License”). If you disagree with any of the terms below, GoFor-It does not grant you a license to use the GoFor-It Software and you should click “Cancel” to exit the installer.
NON-COMMERICAL USE ONLY
GoFor-It is made available to you for your non-commercial use only.
You may make copies of GoFor-It and distribute such copies to others without compensation. If you have any questions regarding the terms of distribution of GoFor-It, please send an email to support@GoFor-It.com.
You may not use GoFor-It in any manner that could damage, disable, overburden, or impair GoFor-It's servers. You may not use GoFor-It in an automated manner, or use automated tools to click on or interact with links to advertisers in GoFor-It. You may not interfere with the data transmitted to or from GoFor-It or GoFor-its servers.
If you have comments on GoFor-It or ideas on how to improve it, please email support@GoFor-It.com. Please note that by doing so, you also grant GoFor-It permission to use and incorporate your ideas or comments into GoFor-It without further compensation.
GoFor-It will occasionally provide you with updates, upgrades, and add-ons ("Updates") to GoFor-It to improve your experience. GoFor-It will notify you of any upgrades via the GoFor-It “Search Provider Options” Form.
GoFor-It may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the GoFor-It Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. GoFor-It may change, suspend, or discontinue any aspect of the GoFor-It Software at any time, including the availability of any GoFor-It Software feature, database, or content. GoFor-It may also impose limits on certain features and services or restrict your access to parts or all of the GoFor-It Software or the GoFor-It.com web site without notice or liability.
PRIVACY AND DATA COLLECTION
GoFor-It does not collect any unique information about you (such as your name, email address, etc.). GoFor-It does not collect or report back to GoFor-It servers any data unrelated to the features used in connection with GoFor-It.
ADVERTISING, FEES AND PAYMENTS
Your correspondence or business dealings with, or participation in promotions of, Web Site Providers found on or through GoFor-It, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Web Site Provider. You agree that GoFor-It is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Web Site Providers on GoFor-It.
GoFor-It is free for your personal use and we expect it to remain that way due to the ability of GoFor-It to earn revenue from affiliations with certain Web Site Providers featured on GoFor-It. However, GoFor-It reserves the right to charge fees for future use of or access to all or part of the GoFor-It Software or the GoFor-It services and web sites in GoFor-It's sole discretion. If GoFor-It decides to charge for the GoFor-It Software Services, such charges will be disclosed to you in a manner that allows you to either opt-in to these payment obligations for continued access to the GoFor-It Software Services or opt-out and discontinue your use of the GoFor-It Software Services.
You acknowledge that GoFor-It owns all rights and title to, and interest in GoFor-It, portions thereof, or software provided through or in conjunction with GoFor-It, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from GoFor-It. You also agree to not remove, obscure, or alter GoFor-It's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through GoFor-It.
The GoFor-It Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United Kingdom and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. GoFor-It and GoFor-It's Licensors own all rights and title to, and interest in their applicable contributions to the GoFor-It Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by GoFor-It including (but not limited to) the GoFor-It Software and GoFor-It trademarks, and creates no relationship between you and GoFor-It's Licensors, or between you and GoFor-It other than that of GoFor-It to licensee.
DISCLAIMER OF WARRANTIES
GoFor-It disclaims any responsibility for any harm resulting from your use of GoFor-It.
GOFOR-IT IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOFOR-IT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOFOR-IT DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOFOR-IT.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GOFOR-IT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF GOFOR-IT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GOFOR-IT BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOFOR-IT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOFOR-IT AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOFOR-IT, FROM INABILITY TO USE GOFOR-IT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOFOR-IT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this Agreement may change from time to time. You should check the website regularly to determine if any material changes have been made. We will post material changes on the GoFor-It website at least 14 days prior to the effective date of the change. You agree that your continued use of GoFor-It or our services after the effective date of any change to this Agreement will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to support@GoFor-It.com that you do not accept the successor Agreement and remove all of copies of GoFor-It from your computer and cease all access to and use of our services hereunder. Failure to remove GoFor-It from your computer will be deemed an acceptance of the terms of the most current Agreement.
This Agreement will be governed by and construed in accordance with the laws of the United Kingdom.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GoFor-It.
July 11, 2010