Subscriber / Member Agreement - GOPUSA
GOPUSA SUBSCRIBER AND MEMBER AGREEMENT
PLEASE READ THIS GOPUSA SUBSCRIBER AND MEMBER AGREEMENT CAREFULLY. YOUR USE OF THE GOPUSA SITES (AS DEFINED BELOW) IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE GOPUSA SITES. The right to use any product or service offered by GOPUSA is personal to you and is not transferable to any other person or entity. GOPUSA reserves the right to make changes to the GOPUSA Sites and this Agreement at any time without prior notice. This Agreement may not otherwise be amended except in a writing signed by GOPUSA.
The "GOPUSA Sites" shall mean all areas and any subscription or other products and services offered or available on the online service operated by GOPUSA on the World Wide Web, and expressly includes the GOPUSA Eagle e-mail service. The GOPUSA Sites consist of information services and content provided by GOPUSA.com, Inc. ("GOPUSA"), affiliates of GOPUSA, and third parties. The term "Community Areas" means the bulletin boards, chat rooms and other user participatory areas on the GOPUSA Sites.
GOPUSA shall have the right at any time to change or discontinue any aspect or feature of the GOPUSA Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of the GOPUSA Sites and the Community Areas.
The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. No conduct shall be undertaken that, in GOPUSA's judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas, but only with GOPUSA's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by GOPUSA.
The GOPUSA Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the GOPUSA Sites are copyrighted as a collective work under the United States copyright laws. GOPUSA is the owner of the copyright in the entire GOPUSA Sites. GOPUSA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the GOPUSA Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the GOPUSA Sites without the express permission of GOPUSA and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the GOPUSA Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. GOPUSA will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to GOPUSA and its affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to GOPUSA (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that GOPUSA considers to be offensive.
You shall provide GOPUSA with accurate, complete and updated information provided by you at the time of registration and supplement such information upon any change.
The GOPUSA Sites contain links to other web sites, resources and advertisers. GOPUSA is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall GOPUSA be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the GOPUSA Sites and Community Areas and all charges related thereto.
The foregoing provisions of this Section 3 are for the benefit of GOPUSA, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
GOPUSA has carefully designed the GOPUSA Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the GOPUSA Sites in any way that interferes with that purpose. In particular, GOPUSA prohibits any party from displaying the content on the GOPUSA Sites in any format where third party advertising or other materials that GOPUSA did not authorize is viewed or viewable together with GOPUSA's proprietary content.
GOPUSA shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by GOPUSA from time to time. GOPUSA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, GOPUSA shall have the right, but not the obligation, to remove any material that GOPUSA, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of GOPUSA, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither GOPUSA nor any of its affiliates shall assume or have any liability for any action or inaction by GOPUSA with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE GOPUSA SITES IS AT YOUR SOLE RISK. NEITHER GOPUSA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE GOPUSA SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GOPUSA SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
THE GOPUSA SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GOPUSA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL GOPUSA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GOPUSA SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE ACCESS TO, USE OF, OR INABILITY TO USE THE GOPUSA SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE GOPUSA SITES AND/OR THE COMMUNITY AREAS. GOPUSA'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY USER TO GOPUSA. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
GOPUSA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE GOPUSA SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED GOPUSA EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITY. UNDER NO CIRCUMSTANCES WILL GOPUSA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE GOPUSA SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE GOPUSA SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
GOPUSA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE GOPUSA SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. GOPUSA MAKES PRODUCTS OR SERVICES AVAILABLE ON THE GOPUSA SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER GOPUSA NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER GOPUSA NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE GOPUSA SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. GOPUSA IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
You agree to defend, indemnify and hold harmless GOPUSA, its affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of (i) the use by you of the GOPUSA Sites and/or the Community Areas; and/or (ii) for infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
GOPUSA shall have the right to terminate this Agreement and/or cease operations at any time. In addition GOPUSA shall have the right to immediately terminate this Agreement with respect to any user which GOPUSA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8, 9, 10, and 11 shall survive termination of this Agreement.
All trademarks appearing on the GOPUSA Sites are the property of their respective owners, including, in some instances, GOPUSA.
9. Subscription Services and Products.
9.1. Subscription Services.
GOPUSA makes available to users certain online subscription services, and other services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by GOPUSA on the GOPUSA Sites (the "Subscription"):
9.1.1. Subscription Terms.
The Subscription will continue until GOPUSA receives notification of termination from you as described in subsection 9.1.3. below. You authorize GOPUSA to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accepted an offer that included a free trial period, your credit card account will not be charged until after the end of the free trial period. If you subscribed for a term of one (1) year or more, you will be notified by GOPUSA before the account designated by you is charged after the first term. Current fees may be obtained by going to the Smart Statement. You are responsible for any charges associated to connecting to the GOPUSA Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide GOPUSA with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
9.1.2. Changed Terms.
GOPUSA shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the GOPUSA Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection 9.1.3. below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
Either you or GOPUSA may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of GOPUSA in operating the GOPUSA Sites and/or the Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice by e-mail sent to info@GOPUSA.com. Notice of termination will be effective upon receipt by GOPUSA Without limiting the foregoing, GOPUSA shall have the right to immediately terminate this Agreement with respect to any user which GOPUSA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8, 9, 10, and 11 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by GOPUSA for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection 9.1.3. of this Agreement in which you identify the termination as resulting from changed terms, GOPUSA shall make a pro rata refund to you.
9.2. Products and Other Services.
With respect to products and services offered for sale by GOPUSA and third parties or through the GOPUSA Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
10. Choice of Law and Jurisdiction.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAW OF THE STATE OF TEXAS, WITHOUT REGARD ITS CONFLICTS OF LAW PROVISIONS, AND WITHOUT REGARD TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
YOU AGREE TO FILE AND PROSECUTE ANY CAUSE OF ACTION PERTAINING TO OR ARISING FROM THIS AGREEMENT IN ANY COURT OF COMPETENT JURISDICTION IN HARRIS COUNTY, TEXAS, OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS - HOUSTON DIVISION, AND CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF AND VENUE IN SUCH COURT.
This Agreement and any operating rules for the GOPUSA Sites and the Community Areas established by GOPUSA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
No failure or delay by GOPUSA in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
You may not assign your rights or obligations under this Agreement without obtaining the prior written consent of GOPUSA.
Provisions of this Agreement which by their terms or by implication are intended to remain in effect following termination of this Agreement shall be deemed to survive any such termination.
The section headings used herein are for convenience only and shall not be given any legal import.
If any of the terms and conditions of this Agreement are held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any political body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire Agreement. Instead, this Agreement shall be construed as if it did not contain the particular provision or provisions held to be invalid, the rights and obligations of the parties shall be construed and enforced accordingly, and this Agreement shall remain in full force and effect.
If legal proceedings are instituted by either Party to enforce any provision of this Agreement, the prevailing Party will be entitled to recover reasonable attorneys' fees, court costs and ancillary expenses.
Either Party shall be excused from delay in performance or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party, provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause of such delay or failure. Inability or failure to pay will not be considered an event of force majeure.