ahaGO USER SERVICE AGREEMENT
ahaGO provides a web based service for users to list properties for rent or exchange and to find other users worldwide to engage in rentals or exchanges. The service allows users to contact each other in a private manner without their information being made public on the web for harvesting by robots for spam. To reduce dishonesty, fraud, or any type of misrepressentation, web based systems may provide members with the tools to rate other members, to rate the accuracy of property listings, and to provide tools whereby each member can verify his/her own personal information and property information. By using ahaGO you agree to the following Service Agreement.
Please read it carefully.
Summary of Service Agreement
A. This service is for adults only. You must be at least 18 years old to register.
B. You agree to provide true and correct information about yourself in the ahaGO registration process.
C. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
D. You agree not to use the service for the transmission of "junk mail," "spam," "chain letters," or unsolicited mass distribution of email or for any commercial purposes.
E. You agree to be responsible for your interactions with other members. You agree that ahaGO is not responsible or liable for content posted on the service by third parties or members or the conduct of any member. Please report any violations of the Service Agreement to [email protected]
1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS The ahaGO service ("Service"), is owned and operated by ahaGO, Inc., ("ahaGO"). The Service is provided to you under the terms and conditions of this ahaGO Service Agreement and any amendments thereto and any ahaGO operating rules or policies (collectively, the "Agreement"). This Agreement applies to each service separately or collectively.
2.0 MEMBER'S REGISTRATION INFORMATION As a condition of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted during the registration process, including but not limited to the Contact Information form; and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, noncurrent or incomplete, ahaGO has the right to terminate your account and refuse any and all current or future use of the Service.
3.0 MEMBER INFORMATION & EMAIL ahaGO considers non-public member account information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. ahaGO will not disclose such information to any third parties without your consent, except that you agree ahaGO may do so in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the Agreement; (d) to respond to claims that such content violates the rights of third-parties; (e) to protect the rights or interests of ahaGO; or (f) to protect the rights or interests of ahaGO users or others. You understand and agree that ahaGO may access the content of your account in order to identify and resolve technical problems or service complaints.
4.0 MODIFICATIONS TO SERVICE AGREEMENT ahaGO may change the Agreement from time to time. You will be informed of any such changes by a notice on the log-in page of the Service stating that the Agreement has changed. Your continued use of the Service after ahaGO has posted such notice constitutes your acceptance of any such changes.
5.0 MODIFICATIONS TO SERVICE ahaGO reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to you. You agree that ahaGO shall not be liable to you or any third party for any modification or discontinuance of the Service.
6.0 MEMBER CONDUCT You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other ahaGO members. 6.1 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. You also agree not to interfere with the use and enjoyment of the Service by other members. 6.2 You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. 6.3 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. 6.4 You agree not to transmit "junk mail," "spam," "chain letters, " or unsolicited mass distribution of email, or to use the Service for any commercial purposes. 6.5 You agree not to include any telephone numbers, street addresses, last names, URLs, or email addresses in any format anywhere in your personal profile or property listings except where forms request you to enter such information. 6.6 You agree not to include any offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Service that are accessible to the public or ahaGO's general membership. ahaGO reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement. 6.7 You agree not to impersonate any other person, including but not limited to any other member of ahaGO or ahaGO employee, while using the Service.
7.0 NO RESALE OF SERVICE You agree not to resell the Service or use of or access to the Service.
8.0 TERMINATION You agree that ahaGO may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or attempted assignment of your account by you. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that ahaGO may immediately delete files in your account and bar any further access thereto. 8.1 ahaGO shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. 8.2 Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue and terminate your membership with the Service; and (2) notify ahaGO of termination by sending an e-mail to [email protected]
9.0 DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES Your correspondence, transactions or other dealings with advertisers, ahaGO partners, Gift Store vendors or other third parties available on or linked through the Service, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, partner, vendor or other third party. ahaGO does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold ahaGO liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the ahaGO site.
10.0 PROPRIETARY RIGHTS 10.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by ahaGO, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by ahaGO, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. 10.2 You acknowledge and agree that any material you post in any areas on the Service that are accessible to the public or ahaGO's general membership will be treated as non-confidential and non-proprietary and ahaGO may use such material in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions.
11.0 DISCLAIMER OF WARRANTIES The Service and the materials available on or through the Service are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permissible under applicable law, ahaGO disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. ahaGO does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. ahaGO does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.
12.0 SUBSCRIPTIONS are the primary payments for services for a specific time period. ahaGO provides a money back guarantee refund by member request after the member has tried and tested the service for at least 4 months. Any refund request must be made within one week after this trial period of 4 months and should be requested by email to [email protected]
13.0 LIMITATION OF LIABILITY To the fullest extent permissible under applicable law, ahaGO shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that ahaGO is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of ahaGO's terms and conditions, your sole and exclusive remedy is to discontinue using ahaGO. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
14.0 INDEMNIFICATION You agree to indemnify and hold ahaGO and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from the use of, the Service.
15.0 NOTICE Any notice to ahaGO shall be made via email or regular mail. ahaGO may provide notices of changes to the Agreement or other matters by displaying notices to members generally on the Service, or via e-mail or regular mail.
16.0 GENERAL The Agreement and the relationship between you and ahaGO shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ahaGO agree to submit to the personal and exclusive jurisdiction of the State of California for Santa Clara County or the United States District Court for the Northern District of California. ahaGO's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.