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Terms and Conditions

Introduction

 

Welcome to GoGetter. This application is owned and operated by GoGetter24/7, Inc.  By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

 

This agreement is in effect as of March 31, 2018.

 

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 

Responsible Use and Conduct

 

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

 

Wherein, you understand that:

 

A. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, social media profiles, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date, and the addition of these details implies consent for GoGetter 24/7, Inc. to display this information publicly.

 

B. Sign-up implies consent that your profile can be highlighted on the GoGetter website or associated social media accounts. You can request to opt-out of this profile feature service at any time via email to info@gogetter247.com.

 

C. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

 

D. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. This includes creation of any fraudulent or fake profiles (user, career enhancers or employers).

 

E. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

 

F. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

 

G. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

 

H. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

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  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

  3. Contains any type of unauthorized or unsolicited advertising;

  4. Impersonates any person or entity, including any GoGetter24/7, Inc. employees or representatives.

 

I. GoGetter will only be used for legal, legitimate and courteous use and we have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

 

J. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of GoGetter24/7, Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

 

K. You agree to indemnify and hold harmless GoGetter24/7, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

Privacy

 

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

 

Limitation of Warranties

 

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

     i) the use of our Resources will meet your needs or requirements.

     ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

     iii) the information obtained by using our Resources will be accurate or reliable, and

     iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

 

 

Furthermore, you understand and agree that:

 

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from GoGetter24/7, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

                

Pricing & Services

The Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement.

  1. Key Terms

1.1  Services

The Service Provider shall provide the following services ("Services") to the Buyer in accordance with the terms and conditions of this Agreement:

“Recruiter Access” to user generated content and profiles. May include select feature placement of Buyer’s Business or Career Enhancer profile.

1.2  Delivery of the Services

  1. Start date: The Service Provider shall commence the provision of the Services upon successful billing of Buyer credit card.

  2. Completion date: The Service Provider shall complete/cease to provide the Services on such date that Buyer terminates payment and/or deletes profile and/or Seller is unable to successfully bill Buyer’s credit card. Buyer’s GoGetter account access can be immediately terminated at Service Providers sole discretion in event Buyer payment ceases.

 

1.3  Site

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The Service Provider shall provide the Services at the following site(s): http://www.gogetter247.com.

  1.  Price

    1. As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services is set based upon the size of Buyer’s Business relative to employee count. ("Price").

    2. Price is set based upon honor system input from Buyer upon billing origination, and will be terminated at Service Providers sole discretion if Buyer is determined to have violated or exhibited dishonesty.

    3. Pricing is based on “employee count” of Buyers global business, including all subsidiaries and ancillary divisions. For example, Company X with 1,000 employees spread equally across 4 regional locations (250 employees per location) would be billed at the then-current rate for a 1,000 employee business. Buyer may work with Seller to create unique location profiles for regional locations, but would be billed monthly at larger corporate rate.

    4. Pricing can change month-to-month at Service Providers sole discretion, unless Buyer prepays for annual contract. In the event that Buyer prepays for annual contract, pricing can change at Service Providers sole discretion upon completion of annual contract.

    5. Service Provider reserves the right at its sole discretion to change methodology of pricing based on business or market needs, trends, etc. This could include, but is not limited to,  transitioning from current Buyers “employee count” based pricing model to recruiting model or search fee based pricing.

 

  1.  Payment

    1. All Payments to Service Provider will be processed as credit card payments through PayPal, Inc. and Buyer agrees that Service Provider is not responsible for problems, security breaches, issues, etc. that arise through PayPal, Inc. services.

    2. The Buyer agrees to pay the Price to the Service Provider in monthly installments on the 15th of each month, unless Buyer elects to prepay in annual installments.

    3. In the event that Buyer elects to the annual prepay option, entire annual payment will be drafted from Buyers credit card account upon submittal, and is non-refundable in the event that Buyer elects to cancel their subscription prior to end of the annual agreement.

 

  1.  Surcharges

    1. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.

 

Limitation of Liability

 

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. GoGetter24/7, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

 

Copyrights/Trademarks

 

All content and materials available on GoGetter, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of GoGetter24/7, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by GoGetter24/7, Inc..

 

Termination of Use

 

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

Governing Law

 

This website is controlled by GoGetter24/7, Inc. from our offices located in the state of CA, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of CA, by accessing our website, you agree that the statutes and laws of CA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

 

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, CA You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Guarantee

 

UNLESS OTHERWISE EXPRESSED, GoGetter24/7, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Contact Information

 

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

 

GoGetter24/7, Inc.

1825 Saint Mayeul Drive

Modesto, CA 95356

USA

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