© 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.
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.
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.
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.
Additionally, you agree not to use the Services:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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”.
- 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.
- 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.
- To upload commercial content onto the Services.
- To collect or harvest any information that might identify a person (for example, any usernames or faces), unless explicitly permitted by that person.
- To cause harm to any other user, third party, goodbuy or any Affiliates.
- 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 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
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.
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.
Jurisdiction and Applicable Law
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
How to Contact Us
Submitting your question at: email@example.com
Writing us at: essio, Inc., 615 Hampton Drive, Venice CA 90290