Terms of Service
The effective date of this Agreement is January 1, 2008.
By accessing, using or obtaining any content, data, materials, information, products or services through the GoodFactories website ("Our Website"), located at www.GoodFactories.com, you acknowledge and confirm that you have read, understand and agree to be bound by these Terms of Service ("Terms"). If you do not accept all of these Terms, then please do not use Our Website. For the purposes of the Terms, a "user" is defined as someone using Our Website and “Content” is defined as any text, information, videos, images, sound, data, code, message, software, trademarks, service marks or other material contained on Our Website.
1.1 GoodFactories is an online application that helps people find suppliers and services by soliciting and aggregating user reviews and aggregating location, pricing, and product / service information from registered users. To accomplish this, our users write and post reviews on Our Website about suppliers, services, and users. These reviews can then be accessed and read by other GoodFactories users. Our Website provides business and service recommendations based upon our proprietary algorithm that takes into account the user’s search criteria and preferences, information included in and associated with user submitted reviews, and other information we collect. In most cases, the business service and product recommendations in our search results display aggregated business service and product options that meet the criteria in your search request. If you choose to do business with one of the businesses recommended in the search results, you will contact them directly via their email address our thru our anonymous email server. GoodFactories does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, GoodFactories does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase
1.2 Some of the GoodFactories Content displayed on this Site is provided or posted by third parties ("Third Party Content"). GoodFactories is not the author of third-party content, whether contributed by anonymous users or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. GoodFactories is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content.
1.3 GoodFactories may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that GoodFactories has no control over such third party's web site, does not monitor such sites, and GoodFactories shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, GoodFactories reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Elite and Star Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 GoodFactories reserves the right to deny Elite Services to any User for whatever reason in order to protect the interests of ThinkBusiness LLC.
3.1 You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a user of Our Website. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use Our Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not qualify, do not use the Our Website. Membership for Our Website is void where prohibited by applicable law, and the right to access Our Website is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using Our Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. Our Website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of Our Website.
3.2 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to GoodFactories during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
You agree and understand that these Terms of Service, the GoodFactories Site and the GoodFactories Services may be modified by GoodFactories at any time without prior notice, and such modifications will be effective upon GoodFactories’s posting of the new terms and/or upon implementation of the new changes on the GoodFactories Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the GoodFactories Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by GoodFactories, any new features, new services, enhancements or modifications to the GoodFactories Service implemented after your initial access to the Service shall be subject to these Terms of Service.
5.1 In order to use or access portions of Our Website, you may be required to register with GoodFactories. If you register, you agree to: 1) provide GoodFactories with accurate, current, and complete registration information (“Registration Information”); 2) maintain the security of your password; 3) maintain and promptly update the Registration Information, and any other information you provide to GoodFactories, and to keep it accurate, current and complete; and 4) accept all risks of unauthorized access to the Registration Information and any other information you provide to GoodFactories. Failure to comply with these provisions shall constitute a breach of these Terms, which may result in immediate termination of your account.
You shall not, and you agree not to allow any third party to:
Except for the Content submitted by users of Our Website, the trademarks, service marks, brands, names, logos and designs ("Trademarks") of GoodFactories or others used on Our Website are the property of GoodFactories or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on Our Website without the express prior written permission of GoodFactories or the respective owner, and nothing contained on Our Website grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the content appearing on Our Website, including but not limited to, the look and feel of Our Website, text, information, site design, graphics, images, sound, video, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of GoodFactories or its licensors, Copyright © 2008 GoodFactories Ldt., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.
9.2 GoodFactories respects the intellectual property rights of others. If you believe that GoodFactories or any user of Our Website has infringed your copyright in any way, please notify GoodFactories Ltd., and provide the following information: 1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work. 2) An identification of the copyrighted work claimed to have been infringed. 3) An identification of the material that you claim is infringing so that we may locate it on Our Website. 4) Your address, telephone number and email address. 5) 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. 6) A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved. GoodFactories’s copyright agent can be reached by email at legal@GoodFactories.com.
GoodFactories may terminate your access to Our Website with or without cause at any time and effective immediately, at GoodFactories’s sole discretion, including but not limited to your failure to conform with the Terms. GoodFactories shall not be liable to you or any third party for termination of use of Our Website. Upon termination, your right to use Our Website shall cease immediately. Sections IX through XV shall survive termination of the Terms.
THE USE OF OUR WEBSITE IS PROVIDED BY VIBEAGENT ON AN "AS IS" BASIS. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. VIBEAGENT FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT OUR WEBSITE AND VIBEAGENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. VIBEAGENT DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ON ITS BEHALF AND ON BEHALF OF ITS AGENTS AND AFFILIATES, LIABILITY FOR ERRORS AND INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF PRODUCTS DISPLAYED ON OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, PRODUCT AND SERVICE DESCRIPTIONS, RATINGS, PHOTOGRAPHS, AMENITIES, DESCRIPTIONS, ETC., THE MAJORITY OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS AND OTHER THIRD PARTIES. ANY BUSINESS OR OTHER RATINGS DISPLAYED ON THIS WEB SITE ARE ONLY INTENDED TO PROVIDE GENERAL INFORMATION AND GUIDELINES, AND VIBEAGENT DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS OR ACCEPT ANY LIABILITY FOR ANY INACCURACIES. Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by law. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM VIBEAGENT OR THROUGH OR FROM OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES SHALL VIBEAGENT OR ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SUPPLIERS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF VIBEAGENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON OUR WEBSITE, FROM INABILITY TO USE OUR WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF OUR WEBSITE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law.
IN NO EVENT SHALL VIBEAGENT’S LIABILITY TO YOU EXCEED $100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR WEBSITE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF VIBEAGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to defend, indemnify and hold harmless GoodFactories, its affiliates, officers, directors, shareholders, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, but not limited to, legal and accounting fees, from any claim or demand made by any third party due to or arising out of 1) your access to Our Website, 2) your use of Our Website, 3) the violation of these Terms by you, or 4) the infringement by you, or any third party using your account or username or password, of any intellectual property or other right of any person or entity.
You may not assign, delegate or transfer your rights or obligations under these Terms. You will review these Terms periodically. If there is any dispute about or involving Our Website you agree that the dispute will be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Nevada, City of Las Vegas. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind GoodFactories in any respect whatsoever. These Terms, accepted upon use of Our Website, and all terms, guidelines and rules referenced herein contain the entire agreement between you and GoodFactories regarding the use of Our Website. The failure of GoodFactories to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with GoodFactories’s prior written consent. The section titles in these Terms are for convenience only and have no legal or contractual effect.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future updates to Our Website or future services developed by GoodFactories. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of GoodFactories.
Please contact us with any questions or violations of these Terms by sending an email to legal@GoodFactories.com.