Please read these Terms before using the above Site. By using the Site, you hereby represent, warrant, and understand that you are a user of the Site, and agree to and accept these Terms in their entirety, whether or not you register as a purchaser on the Site.
1. Acceptance of Terms
By accessing or using the Site, you agree to be legally bound by these Terms and all terms and conditions contained or referenced herein, and any additional terms and conditions set forth on the Site. If you do not agree to these Terms, you should NOT access or use the Site.
2. Modification of Terms
posting of changes shall constitute your acceptance and agreement to such changes. If at any time you do not agree with the changes or any portion of the revised Terms, do not continue to access or use the Site.
3. Additional Product Purchase Terms and Conditions
Purchases of any GoSelly products on the Site are subject to additional terms and conditions which can be found at [LINK], which such terms and conditions are made a part of these Terms by this reference. If there is a conflict between these Terms and the term and conditions pertaining to the purchase of GoSelly products, the latter terms shall control with respect to your purchase of GoSelly products. By making a purchase on the Site, you agree to the additional terms and
4. User Account Registration
notice, including the right to require you to change your login identification code or password, unless otherwise provided herein.
5. Restrictions on Use
You agree to be bound by certain rules that are important for the proper use of the Site. Your failure to follow these rules, whether listed below or contained on the Site, may result in termination of your user account.
- You will not provide any false information during the user registration process, if applicable;
- You will manage your personal information at all times, and you will not share any personal information or passwords with anyone other than yourself;
- You will immediately notify GoSelly in the event you suspect any actual or potential threat of identity theft or other security breach;
- You will not duplicate, distribute, or commercially use any content owned by GoSelly without prior approval, or otherwise infringe upon the proprietary rights to GoSelly or other users;
- You will not attempt to gain unauthorized access to any portion or feature of the Site by any illegitimate or unlawful means;
- You will not attempt to breach any security or authentication measures on the Site; and
- You will not use the Site for any unlawful purpose.
7. Disclaimers of Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is" and "as available." ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOSELLY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION OR THESE MATERIALS; (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE,
OR STATEMENT MADE BY ANY PARTY OTHER THAN SCOTTII; (3) WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSES OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SCOTTII DISCLAIMS ANY AND ALL LIABILTIY FOR THE ACTS, OMMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION
WITH YOUR USE OF THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SCOTTII EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, GOSELLY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF THE SITE TO PROVIDE THE PRODUCTS.
You assume all risk when using the Site, including but not limited to all of the risks associated with any online transactions. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including computer viruses. Your sole remedy against GoSelly for any dissatisfaction with any
portion of the Site is to stop using the Site.
8. Limitation of Liability
IN NO EVENT SHALL GOSELLY OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, THE CONTENT THEREIN, OR THE USER CONTENT, EVEN IF SCOTTII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL GOSELLY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SITE EXCEED THE AMOUNT OF $25.00.
9. Third Party Content
The Site may include hyperlinks to other websites owned by third parties. GoSelly is in no way responsible for the content contained in any site owned by a third party that may be linked to the Site via hyperlink, and all such content remains subject to the terms and conditions of the respective third party’s website and/or materials. Any link on the Site does not constitute an endorsement of such other site by GoSelly, and no judgment or warranty is made with respect to the
accuracy, timeliness, or suitability of the content of any site to which the Site may link, and we take no responsibility therefor.
10. Copyrights and Trademarks
All copyrights, trademarks, and all other proprietary rights provided by GoSelly, its affiliates, subsidiaries, brand licensees and/or other partners, including, but not limited to, all text, graphics, photographs, logos, designs, user interfaces, the software to operate and publish the Site, the compilation of data on the Site, and the order, sequence and arrangement of such content on the Site, are owned, controlled, or licensed by or to GoSelly and/or its brand licensees, other partners or licensors. All rights in the content not expressly granted herein are reserved. The content is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws and may not be copied, reproduced, republished, transmitted, distributed, or used on any other website.
GoSelly® is a trademark of GoSelly, Inc.
Rights to use GoSelly® and all other trademarks of GoSelly and its affiliates are important assets of GoSelly.
The use and registration of the GoSelly name is exclusively reserved to GoSelly. You may not register, nor use a company name, statutory name, trade name, domain name or other name, indication or description of which the GoSelly name or any name similar thereto or any name which consists of a part of the GoSelly name forms part nor shall it include any other registered trademark owned by GoSelly.
If you know or suspect that any of the materials on the Site, including, but not limited to, materials posted on the Forum, have been used or copied in a manner that may or does give rise to a claim of copyright or trademark infringement, please notify us immediately at [EMAIL ADDRESS].
You agree to indemnify and hold harmless GoSelly, its affiliates, subsidiaries, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors, and assigns, from and against any claims, causes of action, damages, liabilities, costs or expenses (including reasonable attorneys' and professionals' fees and litigation costs) that are caused by, arise out of, or are connected with your use of the Site or any violation of these Terms by you. In the event of any complaint or legal action arising from your use of the Site, GoSelly reserves the right to reveal your identity and any other information GoSelly may have about you.
12. Termination of User
GoSelly reserves the right in its sole discretion to terminate your access to all or any part of the Site at any time for any reason without notice. We also reserve the right to delete your account and any content or data associated with your account and/or other information you have on our system.
If you have registered a user account on the Site, you may terminate your account at any time for any reason by deleting the account. Upon termination, any content or data associated with your account and/or other information you have on our system will be deleted.
13. Shut-Down of Site
GoSelly reserves the right in its sole discretion to shut down the Site or any part thereof for any reason at any time without notice or consent. We shall have no responsibility or liability for any failure to store or delete any content or user content submitted to the Site.
14. Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. You agree to the exclusive jurisdiction of the courts in Orange County, California, USA with respect to any disputes, claims or causes of action arising out of, relating to, or in connection with these Terms or your use of the Site, including any disputes relating to the existence or validity of these Terms.
If any provision of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
16. No Waiver
No failure on the part of GoSelly to enforce any part of these Terms shall constitute a waiver of any of GoSelly’s rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by GoSelly nor the reliance of any person on GoSelly’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of GoSelly shall have any legal effect whatsoever.
The headings of the sections of the Terms herein are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms.
18. Entire Agreement
These Terms constitute the entire agreement between you and GoSelly regarding your use of the Site, and supersede and replace any prior or contemporaneous agreements or understandings regarding your use of the Site, whether written or oral.