By visiting santiagog11.sg-host.com (the “Site”) or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms and that you are at least 18 years of age. If you do not agree, you may not use the Service.
We reserve the right at any time, with or without cause, to:
- change the terms and conditions of these Terms;
- change the Service, including eliminating or discontinuing any information, application or other feature of the Service; or
- deny or terminate your use of and/or access to the Service.
In addition to these Terms, the following additional terms (“Additional Terms”) apply to your use of the Services. By using the Services or placing your pre-order for the GoBone Device, you agree to be bound by these Additional Terms, as applicable, which are incorporated herein by reference:
- Any EULA, which we may have in place from time to time, which governs your use of software applications you may obtain from us;
- Any warranties or additional purchasing terms that we include with the Services; and
- Any additional terms or conditions we may supply from time to time.
In the event of a conflict between the terms and conditions in this document and the terms in any of the above Additional Terms, these terms and conditions in this document will control.
Use of the Service
You are solely responsible for the use of the Service. You may not misuse the Service. You may not interfere with the Service or try to access the Service using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations.
The Service is owned and operated by GoBone and its licensors, and the information, services, and content (and any intellectual property and other rights relating thereto) provided through the Service (“Content”) are and will remain the property of GoBone and its licensors and suppliers. The Content is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Service or Content without our prior written permission. The Service and Content may be used solely (a) to the extent permitted in these Terms or (b) as expressly authorized in writing by GoBone or, if so indicated in writing by GoBone, its licensors or suppliers. Use of the Service or Content for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service or Content.
The trademarks, logos, and service marks displayed on the Service (collectively, the “Trademarks”) are the registered and unregistered trademarks of GoBone, GoBone licensors and suppliers, and/or others. Nothing contained in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of GoBone, GoBone’s licensors or suppliers, or the third-party owner of any such Trademark.
Using the Service does not give you ownership of any intellectual property rights in the Services or the Content you access. You may not use Content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with the Service. If your GoBone Device is lost, damaged or stolen you may purchase a replacement device directly from us via the Site. Please note that your purchase of a new GoBone Device will be at retail price and it may require you to update some or all of the financial account information that you previously provided to us.
You agree that we may send you communications (via text, email or through the Service) regarding your use of the Service and certain features or applications of the Service you may be interested in. You may opt out of certain of these communications, but you may not opt out of administrative communications from us regarding your use of the Service.
If your use of the Service includes applications for mobile devices (a “GoBone App”), you hereby consent to and grant us the following permissions in connection with your use of such GoBone App for mobile devices:
- Permission to update the GoBone Device software via the GoBone App residing at your smartphone;
- Permission to collect and use location data in connection with your use of the Service;
- Permission to send and receive text messages regarding your use of the Service.
Compliance with Law
You agree to operate the Service in accordance with all applicable laws and regulations. You further agree that it is solely your responsibility to determine if use of the Service in your jurisdiction permitted under all applicable laws and regulations. You acknowledge that GoBone is not responsible for your use of the Service, the GoBone Device or any related third-party devices in violation of any law or regulation.
Procedure for claims under the Digital Millennium Copyright Act
We respect the intellectual property rights of others and attempts to comply with all relevant laws, and expect our users to do the same. We will review all claims of copyright infringement received and remove any content or user submissions deemed to have been posted or distributed in violation of any such laws. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows: 1601 Elm St, FL33, Dallas, TX, 75201, Attention: Copyright Agent.
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Subject to these Terms, GoBone grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use the GoBone software provided by GoBone that is pre-installed on, embedded in or incorporated into the GoBone Device (“Embedded Software”) solely in connection with your use of the Service.
You may not (a) copy, sell, sublicense or otherwise transfer the Embedded Software to any third party; (b) remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Embedded Software; (c) modify, translate or create derivative works based on any proprietary portions of the Embedded Software; (d) decompile, disassemble, reverse engineer or otherwise attempt to derive source code of any proprietary portion of the Embedded Software, in whole or in part, except to the extent expressly permitted by applicable law; (e) distribute or offer the Embedded Software to any third party (e.g. as part of a service bureau, time-sharing, or similar arrangement) or for the benefit of any third party; or (f) use the Embedded Software or Service in violation of any applicable laws or regulations.
You agree not to use the Service to take any action or actions that:
- are contrary to our public image, goodwill or reputation;
- infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service;
- remove any copyright, trademark, or other proprietary rights notices contained in or on the Service;
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the Service, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
- “frame” or “mirror” any part of the Service without our prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Service or its licensors or suppliers;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CANSPAM Act of 2003);
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, authentication and security measures;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
- harvest or collect information about any Service users without their express consent. Improper use of the Service may result in termination of your access to and use of the Service, and/or civil or criminal liabilities.
Term and Termination
These Terms are effective from the date that you first access the Service or submit any information to GoBone, whichever is earlier, and shall remain effective until terminated in accordance with its terms. GoBone may immediately terminate these Terms, and/or your access to and use of the Service, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. These Terms will also terminate automatically if you fail to comply with any term or provision of these Terms. Upon termination of these Terms by either party, your right to use the Service shall immediately cease, and you shall destroy all copies of information that you have obtained from the Service, whether made under these Terms or otherwise. All disclaimers and all limitations of liability and all GoBone rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Service, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part of portion thereof. Nothing in these Terms shall be construed to obligate us to maintain and support the Service, or any part or portion thereof, during the term of these Terms.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GoBone DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. GoBone EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE SERVICE, THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER GOBONE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOU EXPRESSLY AGREE TO RELEASE AND PROMISE NOT TO SUE GOBONE OR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WITH RESPECT TO ANY SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICE IS TO STOP USING THE SERVICE. NEITHER GOBONE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED ON THE SERVICE BY THIRD PARTIES.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT GOBONE HAS OFFERED ITS SITE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GOBONE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GOBONE.
You agree to fully indemnify, defend, and hold GoBone, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all liability, claims, demands, cases and costs, including reasonable attorneys’ fees incurred by such indemnified parties, in connection with or arising out of the use or misuse of the Service by you or by third parties whom you have permitted to use the Service (“Permitted Users”), your violation of these Terms, violation of any applicable law or regulation by you or a Permitted User, or a violation of the rights of any third parties by you or a Permitted User related to the use of the Service.
GoBone makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas, or that the Service is appropriate or available for use in other locations. Using the Service from territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you or a Permitted User chooses to use the Service, you agree and acknowledge that you and such Permitted User do so on each party’s own initiative and at each party’s own risk, and that you are solely responsible for compliance with all applicable laws.
Notice for California Users
Under California Civil Code Section 1789.3, California Applications users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
- In the interest of resolving disputes between you and GoBone in the most expedient and cost-effective manner, you and GoBone agree that any and all disputes arising in connection with these Terms or the use of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GOBONE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- Any arbitration between you and GoBone will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1–800–778–7879, or by contacting GoBone.
- A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). GoBone’s address for Notice is: 1601 Elm St, FL33, Dallas, TX 75201. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or GoBone may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or GoBone shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, GoBone shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by GoBone in settlement of the dispute prior to the arbitrator’s award.
- In the event that you commence arbitration in accordance with these Terms, GoBone will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Dallas County, Texas, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse GoBone for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- YOU AND GOBONE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GoBone agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- In the event that GoBone makes any future change to this arbitration provision (other than a change to the GoBone’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to GoBone’s address for Notice, in which case your account with GoBone shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
- All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- If only Subsection 6 of this section or the entirety of this section is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the “Miscellaneous” section shall govern any action arising out of or related to these Terms.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by and interpreted according to the laws of the State of Texas, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and GoBone agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of Texas for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and GoBone, and supersedes any and all prior agreements, negotiations, or other communications between you and GoBone, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. Except as set forth in Section 6 of “Dispute Resolution” above, in the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions. You may not assign these Terms without the prior written consent of GoBone, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. GoBone may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns, heirs, and estates. You acknowledge and understand that if GoBone is unable to provide the Service as a result of a force majeure event GoBone will not be in breach of these Terms. A force majeure event means any event beyond the control of GoBone. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. GoBone’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.
Please send any questions or comments, or report violations of this Agreement, to the Company through our customer service portal, accessible from our website at santiagog11.sg-host.com, or at GoBone Inc., 1601 Elm St., FL33, Dallas, TX 75201.