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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 support@ahaGO.com.
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 support@ahaGO.com.
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 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.
13.0 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.
14.0 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.
15.0 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.
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