Effective October 5, 2023
Please read these Terms of Service (collectively with GoSearch's
[Privacy Policy], the
"Terms of Service") fully and carefully before using the services, features, and content offered
by GoSearch, Inc. ("we," "us," or "GoSearch") through its website, plugins, or software applications
(collectively, the "Services"). These Terms of Service set forth the legally binding terms and conditions
for your use of the Services.
Acceptance of Terms
-
By registering for and/or using the Services in any manner, including but not limited to visiting,
browsing and using the Services you agree to these Terms of Service and all other operating rules,
policies and procedures that may be published from time to time on the Services by GoSearch, each
of which is incorporated by reference and each of which may be updated from time to time without
notice to you.
-
Certain of the Services may be subject to additional terms and conditions specified by GoSearch from
time to time; your use of such Services is subject to those additional terms and conditions, which are
incorporated into these Terms of Service by this reference.
-
These Terms of Service apply to all users of the Services, including, without limitation, users who are
contributors of content, information, and other materials or services, registered or otherwise.
Modification
GoSearch reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or
change, suspend, or discontinue the Services (including without limitation, the availability of any feature,
database, or content) at any time by posting a notice or by sending you notice through the Services or by email.
GoSearch may also impose limits on certain features of the Services or restrict your access to parts or all of
the Services without notice or liability. It is your responsibility to check these Terms of Service periodically
for changes. Your use of the Services following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
Eligibility
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any
circumstances, use the Services. GoSearch may, in its sole discretion, refuse to offer the Services to any person
or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms
of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the
Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering,
sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are
offered only for your use, and not for the use or benefit of any third party.
Registration
You must register with GoSearch (create an "Account") to use the Services. In order to register, you must provide
an accurate email address. You are responsible for updating the accuracy of the email address that you provide to
GoSearch to be associated with your Account. Regarding emails, you shall not (i) select or use, as your email, the
email of another person with the intent to impersonate that person; (ii) select or use, an email, belonging to any
person or entity other than you without appropriate authorization or (iii) select or use, as your email, an email
that is otherwise offensive, vulgar or obscene.
Account Security
You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. You
are not permitted to use another Account without permission. You must notify us immediately of any breach of security
or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
GoSearch Services
-
The Services allow you to search and collaborate across data connectors and with GoLink integrations. As long as you
comply with these Terms of Service, you may use the Services for your business purposes.
-
We provide browser plugins and software applications that you can download (to your computer or mobile device) to
access and use the Services. As long as you comply with these Terms of Service, you have the right to use this software
to access and use the Services. This license is for the sole purpose of enabling you to use the Services, as permitted
by these Terms of Service. You may not modify, re-distribute, or sell the software, nor may you decompile or attempt to
extract the source code of that software. If you download software from the Google Chrome Extension Store or other app store
(an "App Provider"), please note that:
-
These Terms of Service are concluded between us, and not with the App Provider,
and that we (not the App Provider), are responsible for the software.
-
The App Provider has no obligation to furnish any maintenance and support services
with respect to that software or handle any warranty claims.
-
The App Provider is not responsible for addressing any claims you have or any claims
of any third party relating to the software, such as, product liability claims, consumer
protection claims, intellectual property infringement claims, or any claim that the
software fails to conform to any applicable legal or regulatory requirement.
-
The App Provider is a third party beneficiary of these Terms of Service as related to your
license of the software, and the App Provider will have the right to enforce these Terms of
Service as related to your license of the software against you.
-
You must also comply with any applicable terms from any third party services that you access
when using the software.
GoSearch Metrics
-
Certain features of the Services allow GoSearch to collect and track metrics, and generate analytics, relating to searches
using the Services and other metrics and analytics related to use of the Services ("GoSearch Metrics"). GoSearch Metrics
include, but are not limited to:
- A history of search queries for common searches.
- A history of user usage over time.
- A history of enterprise adoption of GoSearch.
- A count of aggregate total documents or objects in shared integrations.
- A history of IP addresses used to access GoSearch.
- Visual presentation of any or all of the above (excluding IP addresses).
Content
-
You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the
Input (“Output”). Input and Output are collectively “Content.” Subject to your compliance with these Terms, GoSearch assigns
all its right to Output. This means you are responsible for Content, including that it does not violate any applicable laws
or these Terms.
-
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or
privately transmitted (collectively "User Content"), is the sole responsibility of the user who originated it. You acknowledge
that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or
loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services.
However, you understand that (i) certain User Content (e.g., previous user searches and related GoSearch Metrics) will remain
available and (ii) any removed User Content may persist in backup copies for a reasonable period of time (but will not
following removal be shared with others).
-
The Services contain Content specifically provided by GoSearch or its partners and such Content is protected by copyrights,
trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Such Content includes, but is not
limited to, GoSearch Metrics. You shall abide by and maintain all copyright notices, information, and restrictions contained
in any Content accessed through the Services.
-
Subject to these Terms of Service, GoSearch grants each user of the Services a worldwide, non-exclusive, non-sublicensable
and non-transferable license to use the Content, solely for business or non-commercial use as part of using the Services.
Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is
expressly prohibited without prior written permission from GoSearch, or from the copyright holder identified in such Content’s
copyright notice. If you would like to use the Services for commercial purposes described in our Enterprise product, you must
purchase a license for our GoSearch Enterprise, or contact us regarding other types of uses.
- License Grants
-
By submitting User Content through the Services, you hereby do and shall grant GoSearch a worldwide, non-exclusive,
royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare
derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services
and GoSearch"s (and its successors and assigns") business, including without limitation for promoting and
redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media
channels (including, without limitation, third party websites and feeds).
-
You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through
the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
-
You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party
rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual
property or proprietary rights.
-
Availability of Content GoSearch does not guarantee that any Content will be made available through the Services. Further, GoSearch has
no obligation to monitor the Services. However, GoSearch reserves the right to (i) remove, edit or modify any Content in its sole
discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such Content or if GoSearch is concerned that you may have violated these Terms of Service),
or for no reason at all and (ii) remove or block any Content from the Services.
-
Accuracy: Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our
Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our
Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should
evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
Rules of Conduct
-
You promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all
of your activity in connection with the Services.
-
You shall not, and shall not permit any third party to, either (a) take any action or (b) upload, download, post, submit or otherwise
distribute or facilitate distribution of any Content (including User Content) on or through the Service that:
-
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any
other person or entity or violates any law or contractual duty;
-
is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent,
invasive of another"s privacy, or tortuous;
-
constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"); 4. contains software
viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage,
limit or interfere with the proper function of any software, hardware, or telecommunications equipment or
to damage or obtain unauthorized access to any system, data, or other information of GoSearch or any third party;
-
impersonates any person or entity, including any employee or representative of GoSearch;
-
includes anyone"s identification documents or sensitive financial information; or
-
is otherwise determined by GoSearch to be inappropriate at its sole discretion. 3. You shall not: (i) take any
action that imposes or may impose (as determined by GoSearch in its sole discretion) an unreasonable or
disproportionately large load on GoSearch"s infrastructure; (ii) interfere or attempt to interfere with the proper
working of the Services or any activities conducted on the Services; (iii) bypass any measures GoSearch may use to
prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other
processes to "crawl" or "spider" any page of the Services; (vi) harvest or scrape any Content from the Services; or (vii)
otherwise take any action in violation of GoSearch"s guidelines and policies.
-
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive
any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent
applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part
of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
-
GoSearch also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including
investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv)
respond to user support requests; or (v) protect the rights, property or safety of GoSearch, its users and the public. This includes
exchanging information with other companies and organizations for fraud protection and spam prevention.
Third Party Services
The Services may permit you to connect to other websites, services or resources on the Internet, such as Twitter and Facebook, and
other websites. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under
the control of GoSearch, and you acknowledge that GoSearch is not responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of connected websites or resources. You further acknowledge and agree that GoSearch shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any such Content, goods or services available on or through any such website or resource.
Termination
GoSearch may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice,
effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. All
provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without
limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
-
GoSearch has no special relationship with or fiduciary duty to you. You acknowledge that GoSearch has no control over,
and no duty to take any action regarding:
- which users gains access to the Services;
- what Content you access via the Services;
- what effects the Content may have on you;
- how you may interpret or use the Content; or
-
what actions you may take as a result of having been exposed to the Content
-
You release GoSearch from all liability for you having acquired or not acquired Content through
the Services. GoSearch makes no representations concerning any Content contained in or accessed
through the Services, and it will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Services.
-
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GoSearch,
AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL
BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT
OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING
THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
-
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): GoSearch MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY
OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE CONNECTED TO THE SERVICES. GoSearch will
not be liable for the privacy of email addresses, registration and identification information, disk space, communications,
confidential or trade-secret information, or any other Content stored on GoSearch equipment, transmitted over networks
accessed by the Services, or otherwise connected with your use of the Services.
Indemnification
You shall defend, indemnify, and hold harmless GoSearch, its affiliates and each of their respective employees, contractors,
directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys" fees,
that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your
User Content, violation of these
Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of
any person or entity. GoSearch reserves the right to assume the exclusive defense and control of any matter subject to indemnification
by you, in which event you will assist and cooperate with GoSearch in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL GoSearch, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS,
SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER
LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE
GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS
($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its
conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject
matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of
New York County, New York.
Entire Agreement and Severability.
These Terms of Service are the entire agreement between you and GoSearch with respect to the Services and supersede all prior
or contemporaneous communications and proposals (whether oral, written or electronic) between you and GoSearch with respect to
the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited
or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
Miscellaneous
-
GoSearch shall not be liable for any failure to perform its obligations hereunder where such failure results from any
cause beyond GoSearch"s reasonable control, including, without limitation, mechanical, electronic or communications
failure or degradation.
-
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except
with GoSearch"s prior written consent. GoSearch may assign, transfer or delegate any of its rights and obligations
hereunder without consent.
-
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service
and neither party has any authority of any kind to bind the other in any respect.
-
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and
will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail,
return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after
it is sent, if sent for next day delivery by recognized overnight delivery service.
-
The failure of GoSearch to enforce any part of these Terms of Service shall not constitute a waiver of its right to
later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does
not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be
binding, GoSearch must provide you with written notice of such waiver, provided by one of its authorized representatives.
-
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message
to: support@golinks.io;
We will make every effort to resolve your concerns.