TERMS OF USE

This web site is provided by Gozio Inc. (referred to as “we”, “us” or “Company”). By accessing the web site, printing or downloading materials from this web site, or otherwise using this site or any related web pages (collectively referred to as “Site”) in any manner, you (“you”, “your” or “user”) agree that you have read and agree to these terms of use that are posted on the Site.

These Terms of Use may change. The Company reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Site following any such change constitutes your agreement to be bound by the modified Terms of Use. We encourage you to review these Terms of Use prior to your use of the Site.

INTELLECTUAL PROPERTY RIGHTS NOTICE
All of the content you see and hear on the Site, including for example all images, logos, illustrations, graphics, audio clips and text, represents valuable proprietary and intellectual property of the Company or its licensors. Such content and information is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content and information. Any attempt to download, print, publish or maintain a significant portion of content or information from the Site, to distribute copies of such information or content, or to otherwise exploit the information or content in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms of Use. If you are a customer of Company, a separate agreement such as your Services Agreement may grant you additional rights to use or obligations regarding certain content made available via the Site.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Dennis Keller
COO
75 5th St NW
Suite 2220
Atlanta, GA 30308
415.275.2443

USE OF THE SITE
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. You agree not to use the Site for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the proceeding and by way of example, you agree that you will not:

  • Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
  • Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Site;
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  • Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
  • Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site;
  • Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise); or
  • Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

You agree to:

  • Comply with all notices, instructions and rules posted on the Site; and
  • Implement all Internet access and all security procedures required to use the Site at the sole expense of You.

 

THIRD PARTY CONTENT AND LINKS
From time to time, the Site may contain references or links to third-party materials (including without limitation web sites) not controlled by the Company or its suppliers or licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site.

Company may, but is under no obligation to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums. However, Company will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Company retains the right to remove messages that include any material Company in its sole discretion deems abusive, defamatory, obscene or otherwise unacceptable.

INDEMNITY
You agree to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site by you or any of your employees, contractors or agents.

DISCLAIMERS
THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATIONS
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITYTO USE THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF $100.

MISCELLANEOUS
In the event that a court of competent jurisdiction should hold that any of the provisions of the Terms of Use are held unenforceable or invalid, that court shall attempt to craft an enforceable and valid provision most closely matching the intent of the parties, or if the court is unable or unwilling to do so such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute consent to any prior or subsequent breach. These Terms of Use will be governed by the laws of the State of Georgia, United States of America. You agree to the exclusive jurisdiction of the state and federal courts located in the metropolitan area of Atlanta, Georgia.