Last updated: April 15, 2021
Please read these Terms and Conditions (the “Terms”) carefully before using the http://www.gotree.com website and the GoTree mobile application (together, or individually, the “Site”) operated by Media One Group, LLC d/b/a GoTree (hereafter referred to as “GoTree”, “us”, “we”, or “our”). All of the content, software, and services available through the Site, whether offered by us or a third-party link provided by the Site, are the “Services.”
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who choose to access or use the Services.
Updates to these Terms
We reserve the right to change, modify, add to or remove all or part of the Terms at any time and such modification shall be effective upon posting by GoTree to the Site. You agree to be bound to any changes to the Terms when you use Services after any such modification is posted. If you do not consent to any of the changes of the Terms, your only remedy is to terminate your use of the Site and the Services. Your failure to terminate use of the Site/Services shall constitute acceptance of the changes to the Terms.
By creating an account on the Site or subscribing to our newsletter, you agree to receive newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving future communications from us by following the unsubscribe link or instructions provided in any email we send.
When you create a user account with us, you represent and warrant that you are at least eighteen (18) years old and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and your access to the Site/the Services.
You are responsible for maintaining the confidentiality and security of your user account, including, without limitation, your login credentials. You acknowledge and agree that you shall be solely responsible for any and all activities or actions that occur under your user account. You must notify us immediately upon being made aware of any breach of security or unauthorized use of your user account.
Your choice of username may not violate the intellectual property rights of any other persons, business entities, or governmental entities, and we reserve the right to, in our sole and absolute discretion, reject your choice of username, insist you change your username, assign you a new username, or terminate your user account and/or access to the Site and the Services.
Affiliate marketing disclosure
We do not sell products or services on the Site. You may search for or discover products listed on the Site that are sold by third-party sellers. By clicking on a product link provided on the Site (an “Affiliate Link”), you will be taken to a third-party website through which you may purchase that product. Any purchases made through use of an Affiliate Link may result in an affiliate commission for us.
We may, in the future, implement a premium subscription service for our users (the “Subscription”). If you purchase or enroll in a Subscription, you will be billed in advance on a recurring, periodic basis (the “Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew at the then-current subscription price for your selected Billing Cycle unless you cancel your Subscription renewal at least one (1) day prior to renewal. You may cancel your Subscription renewal either through your online account management page or by contacting us.
A valid payment method, including a credit card or PayPal authorization, is required to process the payment for your Subscription. You agree to provide us with accurate and complete billing information, including, without limitation, your full name, billing address, telephone number, and valid payment method information. By providing your payment method information, you authorize us to charge all Subscription fees, including any renewals, owed by you to your payment method.
If we are unable to successfully charge your provided payment method for any Subscription renewal, we will automatically terminate your Subscription and access to any features of the Site or Services requiring a Subscription in good standing.
We reserve the right to cancel any Subscription, at any time and for any reason.
Subscription fee changes
We, in our sole discretion, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We do not offer refunds for Subscription fees paid. The foregoing notwithstanding, you may request a refund under extenuating circumstances by contacting us. We reserve the right, in our sole and absolute discretion, to approve or deny any such refund request.
The Services may contain links to third party sites and the ability to access external portions of the Internet. You agree that GoTree is not responsible for the availability of these third-party sites, the content, including, without limitation, solicitations thereon or products or services made available thereby. Such links do not constitute an endorsement by GoTree of those other websites or online services, the content displayed therein, or the persons associated therewith. You agree that GoTree shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third-party site and you hereby irrevocably waive any and all claims related thereto against GoTree, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
Use of Services
You agree to use the Services only as lawful in the United States, including all jurisdictions and subdivisions thereof, and in any other jurisdiction in which you reside or whose laws you may be subject to.
Without limiting the forgoing, you agree not to:
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. GoTree reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. You agree that GoTree shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Violation of these Terms
You agree that GoTree may, in its sole discretion and without prior notice to you, suspend or terminate your access to the Site and/or the Services at any time and for any reason whatsoever, and you agree that GoTree shall not be liable to you or any third party for any such termination. GoTree reserves the right to bar any further access to the Site and/or the Services.
The Site contains content, information, materials, computer code, and software of GoTree (“Protected Content”) which is protected by copyright, trademark, patent, trade secret, and other laws, and GoTree either owns and retains or licenses all Intellectual Property Rights (as defined below) in the Protected Content, Site and Services. GoTree hereby grants you a limited, revocable, non-sublicensable non-exclusive license to display the Protected Content (excluding any software code) solely for your personal use in connection with using the Services in accordance with the Terms. Copying or downloading these materials for anything other than your personal use is a violation of these Terms. “Intellectual Property Rights” means any and all (by way of whatever name or term known or designated) tangible and intangible and now known and hereafter existing (a) rights associated with works of authorship throughout the universe, including, but not limited to, copyright and moral rights; (b) trademark, service mark, trade dress and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; € all other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated) (including, without limitation, logos, character rights, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise; and (f) all registrations, applications, renewals, revivals, resuscitations, extensions, continuations, divisions or reissues thereof now and hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing).
You acknowledge that all copyrights and other Intellectual Property Rights in the Services are owned by GoTree or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the Protected Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of GoTree and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content from the Services.
You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent any Protected Content or other content appearing on the Site.
If you believe in good faith that materials hosted by the Site infringe your copyright, you may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing GoTree with the following information (in writing):
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon GoTree actual knowledge of facts or circumstances from which infringing material or acts are evident.
Notice of claims of copyright infringement can be made as follows:
Email for notice: Contact@GoTree.com
Disclaimers, Limitations, and Waivers of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT OF ANY WARRANTIES INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THE TERMS).
WITHOUT LIMITING THE FOREGOING, NEITHER GOTREE NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT (1) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOTREE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER GOTREE NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER GOTREE NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GOTREE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER GOTREE NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOTREE OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE TERMS OR SERVICES.
You agree to defend, indemnify and hold harmless GoTree and its parents, subsidiaries, affiliates, employees, representatives, agents, directors, officers, managers, shareholders, third party content providers and licensors (the “Indemnified Parties“) from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) arising out of (i) your use of the Services (including, without limitation, your User Content and your use of any Protected Content); (ii) your online conduct; (iii) your violation, breach or alleged breach of these Terms; (iv) your failure to comply with any applicable laws or regulations; (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person; or (vi) any of your dealings or transactions with other persons resulting from use of the Services.
Governing Law and Alternative Dispute Resolution
The Terms and all aspects of the Services shall be governed by and construed in accordance with the internal laws of the United States and the State of Michigan governing contracts entered into and to be fully performed in Michigan (i.e., without regard to conflict of laws provisions) regardless of your location. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
Any dispute, claim or controversy arising out of or relating to this Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Michigan, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Each party is to bear its own costs and fees.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of the Terms is found to be invalid, illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
We welcome your questions or comments regarding these Terms. To discuss them, or for general inquiries, you may contact us at Contact@GoTree.com.