Community Terms and Conditions

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE GoTo COMMUNITY. From time to time, GoTo, on behalf of itself and its affiliates ("GoTo"), may elect to provide online community resources, such as online message boards, newsgroups, chat rooms, Wikis, blogs and/or other interactive forums (collectively "Community") that can be accessed and contributed to by certain registered users of GoTo products and services. This Community provides opportunities to interact with your peers in order to share knowledge, news, and information about GoTo and its products and services. Your participation in the Community is voluntary and is governed by these GoTo Community Terms and Conditions (“Terms”), your agreement(s) with GoTo, GoTo's Terms of Service, and GoTo's Privacy Policy, including all disclaimers of liability included therein. GoTo reserves the right to modify or update these Terms at any time in its discretion. Your continued participation in the Community serves as your agreement to such modified or updated Terms. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR PARTICIPATING IN ANY PART OF THE COMMUNITY, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR, ACCEPT, AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU PLAN TO USE THE COMMUNITY; AND (II) AGREE TO BE BOUND BY THESE TERMS.

Rules of Conduct

The purpose of the Community is to voluntarily exchange information about GoTo and its products and services. You expressly agree not to use any part of the Community to:

• post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• impersonate any person or entity, including, but not limited to, GoTo or an GoTo employee, or falsely state or otherwise misrepresent your affiliation with any person, group, or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Community;
• post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• post any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy rights of any third party;
• post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• act illegally or unethically; or
• collect or store personal data about other users.

You are solely responsible for the content of your computer and any transmissions you make when using the Community.

Posts on any part of the Community may be edited, moved, deleted, or removed in GoTo’s discretion. GoTo reserves the right to temporarily or permanently withdraw your Community membership in its discretion.

GoTo does not guarantee a response to any post on the Community. Specifically, support issues should be addressed via GoTo's official support provisions and protocols. You understand that posts on the Community are addressed to your peers and not GoTo, and GoTo does not guarantee that any support issue will be addressed on the Community.

GoTo does not make any warranty or guarantee that any information posted on any part of the Community, whether or not such posting is made by an GoTo employee, is accurate, complete, or in any way reliable. Community posts represent the statements and opinions of the individual user and are not necessarily the opinion of GoTo or its employees, partners, or affiliates. GoTo does not approve or disapprove of any Community post.

Limitation of Liability/Indemnity/Disclaimer of Warranties

THE COMMUNITY AND ALL INFORMATION, COMMENTARY, SERVICES, AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF THE COMMUNITY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

GoTo SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE COMMUNITY OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE COMMUNITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GoTo BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE COMMUNITY, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY PART OF THE COMMUNITY OR IN CONNECTION WITH ANY PART OF THE COMMUNITY, EVEN IF GoTo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

GoTo does not offer formal customer support on the Community. Any commentary by GoTo employees or representatives on the Community should not be seen as a replacement for official GoTo support procedures. You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any GoTo employee. GoTo's provision of the Community should in no way be construed as endorsement or approval of any third-party product, service, comment, position, or information that may be mentioned or referred to therein or any of the comments or posts made by any user.

You agree to indemnify, defend and hold harmless GoTo and its officers, directors, employees, owners, information providers, agents, partners, affiliates, licensees, licensors from and against any and all liabilities, demands, claims, costs, including reasonable attorneys' fees, incurred by the indemnified parties in connection with any demand, claim, action, suit, or loss due to or arising as a result of any breach by you of these Terms or claims arising from your account or arising out of content you submit, post, transmit, or make available through the Community, your use of the Community, your connection to the Community, your violation of any agreement with GoTo, or your violation of any rights of any third party. You agree to use your best efforts to cooperate with GoTo in the defense of any demand, claim, action, or suit. GoTo reserves the right to assume the exclusive defense of any matter subject to indemnification by you at its own expense.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify GoTo of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. GoTo cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account.

Digital Millennium Copyright Act Notice

GoTo respects the intellectual property of others. GoTo may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe any copyright, trademark, patent, trade secret or other intellectual property rights of others. If you believe that your work has been copied and is accessible at our web site in a way that constitutes infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512. Additional information is available at https://www.goto.com/company/legal/dmca.

Privacy

You should exercise caution when deciding to disclose personal information. If you voluntarily disclose information, e.g. a telephone number or an email address, in the Community, that information may be collected and used by third parties to send you unsolicited messages or advertisements or for other purposes. GoTo does not control the actions of such third parties and is not liable for those actions. If you disclose personal information in the Community, you do so at your own risk.

Export Law Assurances

The Community may be subject to United States Export Controls. The Community may not be used (i) in or by any resident of a country to which the United States has embargoed goods; or (ii) by anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accepting these Terms and using any part of the Community, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Personal Messaging (PM) System

GoTo may make a personal messaging system ("PM System") available to certain of its users that will allow such users to communicate privately with each other. GoTo reserves the right to read, delete or edit such private messages in its discretion and without prior notice, and/or to remove you from and prevent your further use of the PM System. GoTo also reserves the right to take any further action it deems necessary or appropriate.

Miscellaneous

GoTo reserves the right to modify or discontinue all or any part of the Community at any time in its discretion. GoTo shall not be liable to you or any third party should GoTo exercise its right to modify or discontinue any part of the Community.

These Terms represents the complete agreement concerning the subject matter of the Terms and, except as set forth herein, may be amended only by a writing executed by both parties.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Boston, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of: (i) the United Nations Convention on the Sale of Goods; and (ii) any Incoterms.

If any of the provisions of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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