Effective November 2017
GoPit Inc. – Terms of Service for Your Personal Use
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE AGREEMENT (“AGREEMENT”) UNDER WHICH GOPIT, INC. DBA (“GOPIT”) PROVIDES YOU WITH VARIOUS SERVICES, CURRENTLY LOCATED AT GOPIT.COM, GOPITCO.UK AND GOPIT.CO.ZA AND ANY OTHER RELATED OR SUCCESSOR SITES (“SITE”). ALL SERVICES PROVIDED BY GOPIT ON THE SITE ARE COLLECTIVELY REFERRED TO AS “SERVICES”. BY ACCESSING, BROWSING AND/OR USING OUR SITE AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS, BROWSE OR USE THE SITE OR ANY SERVICES WE PROVIDE.
You may not use the Services and may not accept these terms if (a) you are not of legal age in your jurisdiction to form a legally binding contract with GoPit, or (b) you are not allowed to receive the Services under the laws of the United States, your country of residence, the country in which you are located or are otherwise legally barred.
INFORMATION DISCLAIMER AND WARRANTIES
BY USING THE SITE AND THE SERVICES YOU UNDERSTAND AND AGREE THAT:
THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR WEB SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. GOPIT AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOPIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
GOPIT MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT GOPIT IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE; OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT GOPIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The contents of our Web site (“Content”) are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Web site, including but not limited to the Web site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of GoPit, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by GoPit, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Web site or any Content (including without limitation any software) available through the Web site.
LICENSE GRANT TO ACCESS OUR WEB SITE’S CONTENT
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Web site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Web site in any way, for any commercial use without the prior written permission of GoPit Inc. or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Web site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of GoPit’s content or under any third party content. Any rights not expressly granted herein are reserved.
ACCESSING OUR WEB SITE
You are solely responsible for obtaining Internet access to the Web site and the equipment and software necessary to use and enjoy the Web site and the Services, including payment of any Internet service provider fees and telecommunication charges.
TRANSACTION AND TRANSMISSION LIMITATIONS
GoPit reserves the right to set such transaction limits, in its sole discretion, at any time.
You may not send automated queries of any sort to the Web site without express advance written permission from GoPit.
Note that “sending automated queries” includes, among other things:
Using any software which sends queries to our sites to determine how a website or webpage “ranks” for various queries; “meta-searching”; and performing “offline” searches on the Web site.
Automatic query software will be blocked and banned from visting our Web site. Anyone using software for automatically sending queries may be subject to civil legal action.
LINKS TO THIRD-PARTY RESULTS AND RESOURCES
A central part of the Web site and the services includes links to other Web sites or resources and information provided by others. Because GoPit has no control over such Web sites and resources, you acknowledge and agree that GoPit is not responsible for the availability of such external Web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that GoPit shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site or resource. Finally, you acknowledge that such external Web sites and third-party tools usually have their own terms and conditions, including privacy policies, over which GoPit has no control and which will govern your rights and obligations with respect to the use of such.
LINKS TO THIRD-PARTY ADVERTISERS OR VENDORS
Your dealings with advertisers and third-party vendors found on or through the Web site and the Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. GoPit does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that GoPit will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Web site. You acknowledge that such external Web sites usually have their own terms and conditions, including privacy policies, over which GoPit has no control and which will govern your rights and obligations with respect to the use of those Web sites.
COMPLIANCE WITH LAWS – RESTRICTIONS
You agree to comply with all applicable laws regarding your use of our Web site and the Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that you will not: (a) use the Web site or the Services in any manner that harms us or the parties with which we contract; (b) modify or reroute the Web site or the Services, or attempt to do so; (c) overburden, harm, limit, or disable the Web site or the Services, including associated networks, or otherwise impair anyone’s use of the Web site or the Services.
MY SEARCH ACCOUNT PASSWORD SECURITY
You should not provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services. Therefore, you agree that you are solely responsible for all usage and activities under your account.
PROVISION OF USER CONTENT
We do not claim ownership of your User Content. You understand that GoPit needs to utilize User Content for the Services. By posting User Content to any part of the Site or granting GoPit the right to grant, to GoPit a perpetual, royalty-free, irrevocable, world-wide, non-exclusive license to display, reproduce, adapt, modify, translate, publish, publicly perform, distribute and otherwise use the User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof. If you provide User Content in public areas, or share User Content, you grant those members of the public or such persons a license that is the same as granted to GoPit, solely in connection with the Web site and the Services. You are solely responsible for the User Content you provide. You represent and warrant that: (a) you have the right to provide the User Content and grant the licenses above; (b) you are eighteen years of age or older and fully competent to agree to the above; and (c) your User Content does not violate your privacy rights, publicity rights, copyright rights, or the rights of any other person. If you do not agree to these terms for the provision of User Content, do not provide any content to our site.
You agree that you will not use the services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (ix) otherwise violates this Agreement or creates liability for us.
GoPit has the right (but not the obligation) to preview, review, screen, flag, filter, edit, refuse or remove any or all User Content either by itself, through third parties, or its community of users.
You may find some content, including User Content, on the Web site and viewed through the services to be offensive or objectionable, and you use the Web site and the services at your sole risk with respect to such.
MODIFICATIONS OR TERMINATION OF SERVICES
GoPit reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that GoPit will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the services.
You agree that GoPit, in its sole discretion, may terminate your access to any of the services for any reason, including, without limitation, for lack of use or if GoPit believes that you have violated or acted inconsistently with the letter or spirit of this agreement. You agree that any termination of your access to the services may be effected without prior notice, and acknowledge and agree that GoPit may bar any further access to such files or the services.
If you use the Web site in violation of this agreement, GoPit may, in its sole discretion, retain all data collected from your use of the Web site. Further, you agree that GoPit shall not be liable to you or to any third party for the discontinuation or termination of your access to the services, or collection of information not withstanding in the case of your violation of this agreement, even if advised of a claim for damages.
You may cease using the services at any time. You do not need to inform GoPit if you cease using the services.
GoPit – The Social Search Engine is a registered trademark and the GoPit logo are trademarks of GoPit, Inc. All rights reserved. All other trademarks and logos on the Web site are the property of their respective owners.
IMAGES – VIDEOS – DOCUMENTS
The images, videos or documents referenced, made accessible or made available to you on the Web site or by means of the services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to search, locate and access the images/videos/documents through the search services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the Web. For authorizations to use an image, video or document, please contact the owner as indicated on the source site, not GoPit.
GoPit can not give you authorization to use the copyrighted images, videos or documents. GoPit is unable to guarantee that a search will not locate unintended or objectionable content and GoPit accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the services, or for your use of such content.
The social media results referenced, made accessible or made available to you on the Web site or by means of the services are protected by the copyright and trademark laws of the United States and other countries. These social media sites are also protected by users personal privacy settings and you will need authorized permission to access private social media pages. Please contact the owner as indicated on the source site, not GoPit. GoPit is unable to give you authorization to access the social media result pages. GoPit can not guarantee that a search will not locate unintended or objectionable content and GoPit accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the services, or for your use of such content.
Financial data provided may be delayed as specified by financial exchanges or our data providers. Financial data and information is provided for informational purposes only, and is not intended for trading purposes. GoPit does not guarantee the accuracy, timeliness, reliability or completeness of any such data. Neither GoPit nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree not to redistribute the data found herein.
Under the freedom of information act, GoPit will provide results based from .gov Web sites. These results are still protected by individual copyrights listed in any of the .gov Web sites and you will need to follow their terms of service to use information provided through .gov results.
BLOGS – FORUMS
Blog and Forum results are based on individual’s personal comments. GoPit can not guarantee that a search will not locate unintended or objectionable content and GoPit accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the services, or for your use of such content.
GoPit adds “affiliate codes” to outgoing clicks to certain website advertisement banners, such as web retailers, and GoPit receives a payment for doing so. GoPit is not recommending or endorsing products mentioned in these affiliated links.
GoPit provides the option to share certain results provided on our search engine directly to social networks, text message and by email. It is your responsibility to make sure the content that is being posted is not in violation of the copyright owner. You should read the website’s terms and check to see if the content you are sharing is not in violation of copyright.This is the case with many images or videos and the content owner will clearly display whether the images or videos are protected from sharing.
COMMENTS – REVIEWS
GoPit values honest opinions in regards to posting comments or reviews whether positive or negative. We don’t tolerate vulgar, obscene, racial/religious hate or bullying in comments. We don’t allow any links placed within the comments. Any comments that is in violation of these terms will be deleted and possible ban of your My Search account will take place. We don’t tolerate any spam messages which include advertisements etc. within the comments or reviews. This is grounds for immediate ban of My Search account and possible civil and/or criminal action.
NO AGREEMENTS BETWEEN GOPIT AND THIRD PARTY BENEFICIARIES
This Agreement is only between you and us, and it not for the benefit of any other person (except for permitted successors and assigns under this Agreement).
APPLICABLE LAW INTERPRETATION AND DISPUTES
This Agreement and the relationship between you and GoPit are governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and GoPit agree to irrevocably submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa County, Arizona. Notwithstanding the foregoing, GoPit may seek equitable and injunctive relief in any jurisdiction.
SERVABILITY OF THIS AGREEMENT
If any provision of this agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this agreement shall continue in full force and effect.
LIMITATIONS OF ACTIONS BROUGHT AGAINST GOPIT
You agree that any claim or cause of action arising out of your use of our Web site or this agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by GoPit to enforce or exercise any provision of this agreement or related right shall not constitute a waiver of that right or provision.
INTELLECTUAL PROPERTY RIGHTS
GoPit takes intellectual property issues seriously and has a policy to response to notices of alleged infringement that comply with applicable international intellectual property law (including the U.S. Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Please note: all notices and transmissions under such policy that are not relevant will not receive any response.
Effective September 2015
It is the policy of GoPit, Inc., to respond to clear notices of alleged copyright and trademark infringement. Regardless of whether GoPit would be found to be liable for such copyright or trademark infringement under United States law or the laws of the applicable country, we may respond to allegations of such infringement by removing or disabling access to content that is claimed to be infringing or by terminating particular subscribers’ ability to access the GoPit website and services. In the event that we terminate access to the GoPit Web site or remove search results in response to such a notice, we will make a good-faith effort to contact the Web site or content owners or administrators in order to permit them to make a counter-notification.
Please note that, in the event you materially misrepresent that a particular material or activity is infringing your copyright or trademark, you will be liable for all damages incurred (including costs and attorneys’ fees) as a result of such material misrepresentation. Accordingly, we suggest that you contact an attorney before notifying GoPit of infringement if you are not certain whether particular content is infringing your copyright or trademark.
If you believe that your copyright or trademark is being infringed on the GoPit website, please send us a written notice that must include the following information:
An identification of the copyrighted or trademarked work that you believe has been infringed.
An identification of the allegedly infringing content within the work listed in item #1 above, and sufficient information to permit GoPit to identify it on the Web site. For a Web search result, you must identify the search results obtained that link directly to a webpage that allegedly contains infringing material. In other words, you must provide us with (a) the search query you used and (b) the web address (URL) of each search result you allege contains infringing material.
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law.
A statement by you that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf of an exclusive right that is allegedly infringed.
Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
While it is our policy to respond to clear notices of trademark and copyright infringement, if you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice.
Such counter-notice must include the following information:
An identification of the work that was removed or disabled, and the location (such as a URL) of the Web site on which it would have been found prior to its removal.
A statement by you that you swear and attest, under penalty of perjury, that you have a good faith belief that the search result and/or content was removed or disabled as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work.
A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States or (b) any judicial district in which GoPit is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to GoPit, or an agent of such person.
Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
It is our policy to respond to all such notices we receive and to comply with the provisions of applicable law. GoPit reserves the right, in its sole discretion, to remove any content that is alleged to infringe any copyright or trademark without prior notice and to terminate the account of any user who GoPit has determined to be a repeat infringer.
Please send all infringement notices and counter-notices to the following email address:
Note: This address is provided exclusively for notifying us that your copyrighted or trademarked material may have been infringed. Inquiries regarding any other topics, such as technical support requests, reports concerning email abuse, and reports of instances of piracy, will not receive a response through this process.
If you would like to contact GoPit, please use the Feedback form we provide.