These Terms of Use (“Terms”) are a legal agreement between you and Malomo Inc. (“Malomo”), the owner and developer of Gomalomo.com (the “Website”). By accessing and using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website. These Terms are subject to change at any time, effective upon notice to you. Your continued use of any part of this Website constitutes your acceptance of such changes to these Terms. You should review these Terms periodically to determine if any changes have been made.
IMPORTANT NOTICE: YOUR USE OF THIS WEBSITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 12 OF THESE TERMS, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section 12 for more information.
Limitations of Liability. NEITHER Malomo NOR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ARISING OUT OF ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE WEBSITE.
Indemnification. You agree to indemnify, defend and hold harmless Malomo, its officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Website, including any breach by you of the terms contained in these Terms.
Responsibility for Use of Website. Malomo grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of Malomo, and Malomo may terminate your use of this Website at any time. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on the Website. You understand that Malomo does not perform background checks on the individuals who may use the Website. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
Privacy. Your visit to our Website is also governed by our Privacy Policy. Please review our Policy at this link.
Ownership. You acknowledge and agree that the Website contains proprietary and confidential information that is the property of Malomo and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the software used in connection with the Website is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Website or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Malomo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part.
Trademarks. You acknowledge Malomo’s exclusive rights in its trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on this Website are the property of Malomo or the party that provided such intellectual property to Malomo. Malomo and any party that provides intellectual property to Malomo retain all rights with respect to any of their respective intellectual property appearing in this Website, and no rights in such materials are transferred or assigned to you.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our copyright agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement can be reached at [email protected].Right to Monitor. Malomo reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Website. You are responsible for any activities that take place under your name, username or related identifier. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Malomo immediately. It is up to you to maintain the confidentiality of your password and account. Malomo is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.
Confidentiality. Any passwords used for this Website are for your individual use only. You will be responsible for the security of your password(s). From time to time, Malomo may require that you change your password. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Malomo reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Website reserves the right to investigate suspected violations of these Terms. Malomo reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Malomo to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.
DISCLAIMER; NO WARRANTIES. THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Malomo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Malomo MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.
Applicable Law. You agree that the laws of the State of Indiana without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and Malomo.
ARBITRATION. All disputes, controversies and claims of any kind arising out of or relating to this Agreement or the rights and obligations of the parties not resolved through informal dispute resolution shall be resolved through arbitration by the American Arbitration Association in Marion County, Indiana in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules. This provision shall survive the termination or expiration of this Agreement. Nothing contained herein shall prevent a party from applying to and obtaining from any court having jurisdiction, a temporary or preliminary injunction, and/or other emergency relief to enforce its rights and obligations under this Agreement prior to the filing of any arbitration proceeding or pending the trial, or rendering of a decision or award pursuant to any arbitration proceeding conducted hereunder. The foregoing shall not prevent a party from terminating this Agreement as set forth in this Agreement.
Severability. If any part of these Terms is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
Certification. You certify that you are at least 18 years of age and that your answers to any registration materials will be truthful.
Entire Agreement. These Terms constitute your entire agreement with Malomo with respect to the Website.
Waiver. The failure of Malomo to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Malomo must be in writing and signed by an authorized representative of Malomo.
Thank you for using our website. If you have any questions or concerns about these terms and conditions, please contact us.
Prior Terms of Service versions: