TERMS OF USE

essio TERMS OF USE

Last updated: December 2021

Copyright Notice
© 2021 essio, Inc. All rights reserved

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS.

The Services are provided by essio, Inc. (“essio”, “we”, “our” or “us”), and these terms and conditions are entered into by and between essio and “you”, and together with our Privacy Policy, found at https://www.essio.io/privacy-policy, and any documents incorporated by reference (collectively, these “Terms of Use”) govern your access to and use of the essio website (“Website”), applications, online services, browser extension, including all information, tools and services available through the use of any of the foregoing, collectively the “Services”. If you do not agree to these Terms of Use, you must not access or use the Services. These Terms of Use constitute a legally binding agreement between you and goodbuy, and therefore, you acknowledge and agree that you have read these Terms of Use and agree to be bound by all of its terms and conditions. These Terms of Use apply to you regardless of whether you are a Website visitor, or you have chosen to download the browser extension.You represent that you are of legal age to form a binding contract with goodbuy, and that this is for your personal, non-commercial use. You agree that you are not using the Services for or on behalf of any third party or for any commercial purpose. You also may not use the Services if you are not located in the U.S.

Description of the Services

Our Services include special technology that allow you to view information about products and services listed for sale by goodbuy’s affiliates, in order for you to make informed choices about your purchasing options, including the nature and types of products and services and types of businesses you may want to purchase from. We do not charge any fees for our Services to you.

We will try and locate the most suitable products and services for you based upon your search criteria when you download our browser extension, from the affiliates and small businesses that are part of our affiliate program, and for which you have selected as affiliates you are interested in supporting and purchasing from (such as women-owned retailers, BIPOC-owned businesses, sustainable products, and the like), but we cannot be responsible if there are no options for products or services offered by your selected category of affiliate. We may also send you email notifications regarding products and services that may be of interest to you based upon your selected categories.

While we attempt to provide accurate descriptions for the products and services offered by the affiliates, we will not be able to represent and warrant that the descriptions are accurate since they are provided by third parties. The inclusion of any services or products within the Services also does not guarantee the availability of such services or products, and you will need to confirm any availability with the applicable affiliate. In most cases, you will be purchasing directly from the affiliates and their website, and you are not buying any products or services from these affiliates through the goodbuy Website. Therefore, any issues with the services or products purchased through any affiliates must be managed directly between you and the applicable affiliate, and goodbuy will not be responsible for or liable for any purchases made by you.

In order to improve our Services, we may track how you use the Services we provide, including whether you click-on links to affiliate websites, your actions on those affiliate websites, and whether you use the discount or coupon codes displayed by us.

Changes to These Terms of Use

goodbuy reserves the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. All changes are effective immediately when posted and apply to all access to and use of the Services thereafter. It is your responsibility to check periodically for any changes we make to the Terms of Use. If you do not agree to the changes, you must stop using the Services. Your continued use of the Services after any changes to the Terms of Use including policies referenced therein means you accept and agree to the changes.

Reliance on Information Posted

The content, information or other material found on the Services is provided solely for general information purposes only. goodbuy does not warrant the accuracy, completeness or usefulness of this information and is not responsible if information made available on the Services is not accurate, complete or current. Any reliance you place on the material on the Services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Intellectual Property Rights and Use of Materials on the Services

The Services and its entire contents, features and functionality (including, without limitation all information, text, graphics, logos, icons, displays, images, video and audio clips, downloads, interfaces, code and software, as well as the design, selection and arrangement thereof), are the exclusive property of and owned by goodbuy, its licensors or its content providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

essio’s name, the terms, our logo, and all related names, logos, product and service names, designs and slogans displayed on or part of the Services are the registered and unregistered trademarks, logos and service marks of essio, its licensors, content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Services without the owner’s prior written permission. essio reserves all rights not expressly granted in and to the Services and its content. The Services and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

These Terms of Use permit you to use the Services for your personal and non-commercial use. Any use of content on the Services, including but not limited to the modification, distribution, reproduction, storage, transmission, performance, broadcast, publication, public display, public performance, republication, download, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Services, or use of the Services is expressly prohibited. You agree to abide by all additional restrictions displayed on the Services as it may be updated from time to time. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. goodbuy reserves the right to refuse or cancel any person’s registration for the Services, remove any person from the Services or prohibit any person from using the Services for breach of these Terms of Use or any reason whatsoever.

No right, title or interest in or to any downloadable materials, Services, or any content on the Services is transferred to you. essio, or its licensors or content providers, retain full and complete title to the material provided on the Services, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in essio’s sole discretion. goodbuy neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties not affiliated with esio.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Services or to surreptitiously intercept any system, data or personal information from the Services. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.

Materials You Submit

Services, including the legality, reliability, appropriateness, originality and copyright of any such material. If you do submit material, including but not limited to, questions, comments, suggestions, ideas, plans, notes drawings, original or creative materials, or other information (collectively “Contributions”), provided by you in the form of e-mail or submissions to essio or postings on the Services, such Contributions are non-confidential and essio shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any Contributions to goodbuy including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of attribution and integrity.

You grant essio and its affiliates the right to use the name and all other personal information you submit via the Services in accordance with the Privacy Policy found at https://www.goodbuy.com/privacy-policy. You represent and warrant that you own or otherwise control all the rights to the Contributions; that the content of the Contributions is accurate; that use of the Contributions you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify goodbuy for all claims resulting from the Contributions you supply.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. If you violate or infringe any of the rules below, we may immediately suspend or terminate your right to use or access the Services. Any retailer or users who promote hate based upon identity or vulnerability, including through the use of veiled language and symbols, will be banned immediately from the Services.

Additionally, you agree not to use the Services:

  1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or otherwise give rise to liability.
  2. To upload, distribute or otherwise publish through the Services any content that is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable.
  3. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  4. To constitute or encourage a criminal offense or violate the rights of any party to these Terms of Use or third party.
  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm goodbuy or users of the Services or expose them to liability.
  6. In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  7. With any robot, spider or other automatic device, process or means, or any manual process, to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  8. With any device, software or routine that interferes with the proper working of the Services, or introduces any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful, including but not limited to, chain letters, mass mailings or any form of “spam”.
  9. To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services, or attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  10. By using a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
  11. To upload commercial content onto the Services.
  12. To collect or harvest any information that might identify a person (for example, any usernames or faces), unless explicitly permitted by that person.
  13. To cause harm to any other user, third party, goodbuy or any Affiliates.
  14. To misuse any reporting, flagging, compliant, dispute or appeals process, including by making groundless, vexatious, or frivolous submissions.
Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, at our sole discretion without notice. Unless we have otherwise specifically agreed, we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Services and for ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them. Some features that may be available on the Services require registration. By registering at and in consideration of your use of the Services you agree to provide true, accurate, current and complete information about yourself. You agree that all information You provide to register with the Services or otherwise, including but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Some features on the Services may require use of a password. You are responsible for protecting your password. If you are provided with a username, password or any other piece of information as part of our security procedures, you must treat your website access information as confidential, and you must not disclose it to any other person or entity. You agree not to share or provide website access or access information, including your username, password or other website security information, with any other person or entity. You agree to notify us immediately if there is or you believe there is any unauthorized access to or use of your username or password, theft of your password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable any website access, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. goodbuy may assume that any communications goodbuy receives under your password have been made by you unless goodbuy receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame the Services or use our proprietary marks, or our Licensor’s proprietary marks, as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Services without goodbuy’s express written consent. Further, you may not utilize any Services content in any meta tags or any other “hidden text” techniques or technologies without goodbuy’s express written consent.

Third Party Content

The Services provide links to other web sites and content of third parties (the “Third Party Content”) as a convenience to those interested in this information. goodbuy does not monitor nor does it have any control over any Third Party Content or third party websites or the privacy policies of such websites. goodbuy does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. All statements and/or opinions expressed in any Third Party Content, and all articles and responses to questions and other content, other than the content provided by goodbuy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of goodbuy. goodbuy does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. You may only use these links and Third Party Content contained therein at your own risk.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

DISCLAIMERS

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY ITEMS PURCHASED FROM MERCHANTS IS AT YOUR SOLE RISK. YOUR USE OF THE SERVICES, THE PURCHASES MADE FROM YOUR USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND BY GOODBUY OR ANYONE ASSOCIATED WITH GOODBUY, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; OR THAT INFORMATION ON THE SERVICES WILL BE COMPLETE, ACCURATE, ERROR-FREE, UNINTERRUPTED, RELIABLE, OR TIMELY; THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IF YOU DOWNLOAD OR LINK OR ACCESS ANY MATERIALS FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOODBUY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE IN NO WAY RESPONSIBLE OR LIABLE TO YOU FOR ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM MERCHANTS THROUGH OR USING THE SERVICES, INCLUDING FOR ANY PRODUCT LIABILITY CLAIM, IMPROPER CHARGES, DELIVERY FAILURES, PRICING ERRORS, OR INACCURATE PRODUCT OR SERVICE DESCRIPTIONS. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR OTHERWISE RESPONSIBLE FOR ANY BREACHES OF CREDIT CARD OR DEBIT CARD SECURITY OR PRIVACY BY ANY THIRD-PARTY AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOODBUY NOR ITS MERCHANTS, AFFILIATES, SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OR INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES OR ANY LINK TO THE SERVICES, GOODBUY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF GOODBUY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,YOUR LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, LOSS OF GOODWILL AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT GOODBUY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE AND YOUR USE OF THE SERVICES WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU AND GOODBUY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Termination

These Terms of Use are effective when accepted by you and will remain in effect until terminated by either you or us as set out below. If you want to terminate these Terms of Use, you may do so immediately at any time by closing your account for the Services or uninstalling the browser extension. We may immediately, at any time, terminate these Terms of Use (and therefore your right to access and use the Services) by notifying you (if safe to do so) to the e-mail address provided by you as part of your registration.

Indemnification

You agree to indemnify, defend and hold harmless goodbuy, its affiliates, licensors and service providers and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, suppliers, successors and assigns from and against any and all claims, losses, liabilities, expenses, damages, judgments, awards, costs and fees, including reasonable attorneys’ fees and court costs, arising out of, relating to or resulting from your use of the Services and any violation of these Terms of Use, including, but not limited to, any use of the Services’ content, services and products other than expressly authorized in these Terms of Use or your use of any information obtained from the Services. If you cause a technical disruption of the Services or the systems transmitting the Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from that disruption. goodbuy reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with goodbuy in the defense of such matter.

Jurisdiction and Applicable Law

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware, and you irrevocably consent to the jurisdiction of the federal and state courts located in Wilmington, Delaware for any action arising out of or relating to these Terms of Use, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

We recognize that it is possible for you to obtain access to the Services from any jurisdiction in the world, but we have no practical ability to prevent such access. This Services have been designed to comply with the laws of the State of Delaware and of the United States. If any material on the Services, or your use of the Services, is contrary to the laws of the place where you are when you access it, the Services are not intended for your use, and we ask you not to use the Services. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Waiver and Severability

No waiver of by goodbuy of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of goodbuy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and goodbuy with respect to your use of the Services and supersede all prior or contemporaneous understandings, representations and warranties, whether oral or written, between the parties with respect to the Services. These Terms of Use apply exclusively to your access, and use of, the Services and they will not alter any terms or conditions of any other agreement you may enter into with goodbuy, unless there is a conflict of provisions, in which case, the other agreement you enter into with goodbuy shall govern with respect to the specific provision.

How to Contact Us

If you have any questions or comments about these Terms of Use or the Services, please contact us by:

Submitting your question at: hello@essio.io
Writing us at: essio, Inc., 615 Hampton Drive, Venice CA 90290