Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL SUBPAGES ("GoodAmerica.us"), YOU UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS.

I. YOUR USE OF GOOD AMERICA

A. You agree to access and use GoodAmerica.us only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of GoodAmerica.us. By accessing GoodAmerica.us, you agree that you will not:

  1. use GoodAmerica.us to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;
  2. use GoodAmerica.us in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;
  3. use GoodAmerica.us to impersonate other parties or entities;
  4. use GoodAmerica.us to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of GoodAmerica.us or the hardware or software of any other person who accesses GoodAmerica.us;
  5. upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship; alter, damage, or delete any content posted on GoodAmerica.us;
  6. disrupt GoodAmerica.us or its servers or networks in any way; or
  7. claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or to represent.

B. Good America reserves the right to suspend a GoodAmerica.us account and/or suspend access to GoodAmerica.us if Good America has reason to believe that the account/access is being used for any of the prohibited purposes enumerated in Section I(A)(1-8) above. Good America shall provide notice of such suspension if you have provided Good America with an email or other electronic address or mail address when accessing GoodAmerica.us. (Notice shall be given to you at (one of) the address(es) provided.)

II. YOUR PASSWORDS AND ACCOUNT SECURITY

A. You agree and understand that you are responsible for maintaining the security and confidentiality of passwords associated with any account you use on GoodAmerica.us.

B. Accordingly, you agree that you will be solely responsible to Good America for all activities that occur under your account.

C. If you become aware of any unauthorized use of your password or of your account, you agree to notify Good America immediately by visiting the Password and Account Problems page.

D. Good America reserves the right to suspend your account if Good America deems you are using the account in violation of of these Terms.

III. INFORMATION YOU PROVIDE

In order to use certain aspects of GoodAmerica.us, you may be required to provide information about yourself. You agree that any information you give to Good America will always be accurate, correct and up to date. To learn how Good America may use such information, please visit the GoodAmerica.us Privacy Policy and the Terms of Use, the latter of which addresses the creation of user accounts or submission of data on GoodAmerica.us.

IV. INTELLECTUAL PROPERTY

A. Good America respects the intellectual property of others and it asks its users to do the same. Service marks and trademarks contained in or displayed on GoodAmerica.us, and the contents of linked sites operated by third parties, are the property of their respective owners (which may be Good America). All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on GoodAmerica.us, and the selection and arrangements thereof, are the property of Good America. All rights are reserved.

B. Digital Millennium Copyright Act ("DMCA") Notice/Takedown Request

If you believe that your work has been copied in a way that constitutes copyright infringement via its display on, or other use by, GoodAmerica.us, you may submit a notice pursuant to the DMCA by providing Good America's DMCA Designated Agent (see Section IV(E) below) with the following information in writing:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Good America to locate the material;
  4. information reasonably sufficient to permit Good America to contact you, such as an address, telephone number, and, if available, an email address;
  5. a statement that you (and, if applicable, the person or entity on whose behalf you are acting) have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

C. DMCA Counter-Notice

You do not have the right to post material to GoodAmerica.us unless given such right by Good America. If Good America has given you permission to post an array of material to GoodAmerica.us, and the specific material you posted has been taken down pursuant to the DMCA, you may submit a counter-notice pursuant to the DMCA by providing Good America's DMCA Designated Agent (see Section IV(E) below) with the following information in writing:

  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. your name, address, and telephone number, and a statement that the you consent to the jurisdiction of the United States federal district court for the judicial district in which your address is located, or if your address is outside of the United States, that you consent for any judicial district in which jurisdiction of Good America may be found, and that you will accept service of process from the person who provided notification under Section IV(B) above or an agent of such person.

D. You acknowledge that if you fail to comply with all of the above requirements for a DMCA Notice/Counter-Notice (as applicable), your Notice/Counter-Notice may not be valid.

E. To request permission to use Good America's intellectual property located on GoodAmerica.us, concerns, or any other questions about GoodAmerica.us, please contact us.

V. LINKS TO SITES

GoodAmerica.us may contain links to other sites on the Internet that are operated by parties other than Good America. Good America does not imply approval of the listed destinations, warrant the accuracy of any information set out in those destinations, or endorse any opinions expressed therein. Like GoodAmerica.us, all other websites operate under the auspices and at the direction of their respective owners who should be contacted directly with questions regarding the content of those sites.

VI. DISCLAIMERS

A. GoodAmerica.us AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND "AS AVAILABLE" 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 WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT OF CONTENT PLACED ON GoodAmerica.us (WHETHER BY GOOD AMERICA OR A THIRD PARTY) INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON GoodAmerica.us.

B. GOOD AMERICA IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, GoodAmerica.us AND/OR THE MATERIALS CONTAINED ON GoodAmerica.us WHETHER THE MATERIALS CONTAINED ON GoodAmerica.us ARE PROVIDED BY GOOD AMERICA OR A THIRD PARTY.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GoodAmerica.us IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. CHANGES ARE MADE PERIODICALLY TO GOOD AMERICA AND MANY RULES, FORMS AND SCHEDULES, AND THESE CHANGES MAY OR MAY NOT BE IMMEDIATELY REFLECTED IN THE MATERIALS OR INFORMATION PRESENT ON GoodAmerica.us.

VII. MISCELLANEOUS TERMS

A. Nothing contained in or displayed on GoodAmerica.us or in these Terms constitutes or is intended to constitute legal advice by Good America or any of its agencies, officers, employees, agents, attorneys, or representatives.

B. You agree that if Good America does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Good America otherwise has under applicable law), such omission will not be taken to be a formal waiver of Good America's rights and shall not be construed to be a modification of these Terms.

C. If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

D. These Terms, and your relationship with Good America under these Terms, shall be governed by and construed in accordance with the rules and regulations. You agree that any and all claims asserted by or against Good America arising under or related to these Terms shall solely be heard and determined either in the courts of the United States of America.

E. Good America reserves the right to revise and otherwise change these Terms at any time and without notice. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of GoodAmerica.us following the posting of any modification signifies your acceptance thereof. You should periodically visit this page to review the current Terms of Use.

F. These Terms, the GoodAmerica.us Privacy Policy, and, if you use it, the Terms of Use, constitute the entire agreement between you and Good America with respect to your use of GoodAmerica.us and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Good America with respect to GoodAmerica.us. These Terms shall be deemed to include all other notices, policies, disclaimers and other terms contained in GoodAmerica.us and its subpages; provided, however, that in the event of a conflict between such other terms and these Terms, the inconsistent terms shall control in the following descending order: Application Terms; (2) these Terms and the GoodAmerica.us Privacy Policy; and (3) other terms contained in GoodAmerica.us and its subpages.

For questions or concerns, please contact us. Thank you.


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