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A. Your relationship with GORANGO
A.1 Your use of GORANGO’s products, software, services and web site (referred to collectively as the “Services” in this document and excluding any services provided to you by GORANGO under a separate written agreement) is subject to the terms of a legal agreement between you and GORANGO. “GORANGO” means GORANGO LLC, whose principal place of business is in Portland, Oregon, United States. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. This Agreement is effective on October 18, 2009, for current users, and upon acceptance for new users.
A.2 Unless otherwise agreed in writing with GORANGO, your agreement with GORANGO will always include, at a minimum, the terms and conditions set out in this document and the privacy policy made available on the GORANGO website. These are referred to below as the “General Terms”.
A.3 Your agreement with GORANGO will also include the terms of any Legal Notices applicable to the Services, in addition to the General Terms. All of these are referred to below as the “Supplementary Terms”. Where Supplementary Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
A.4 The General Terms, together with the Supplementary Terms, form a legally binding agreement between you and GORANGO in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
A.5 Use of “you” and “your” in this Agreement refers to users searching for Service Providers and to Service Providers seeking job leads. Certain sections of this Agreement apply only to Service Providers as indicated in the given section. Use of the term “user” may at times refer to a party using the site to find a particular service. In such instances, the term “user” shall be capitalized as “User”.
A.6 If there is any contradiction between what the Supplementary Terms say and what the General Terms say, then the Supplementary Terms shall take precedence in relation to that Service.
B. Accepting the Terms
B.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
B.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by GORANGO in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that GORANGO will treat your use of the Services as acceptance of the Terms from that point forward.
B.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with GORANGO, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
B.4 Before you continue, you should print off or save a local copy of the General Terms for your records.
C. Provision of the Services by GORANGO
C.1 GORANGO is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which GORANGO provides may change from time to time without prior notice to you.
C.2 As part of this continuing innovation, you acknowledge and agree that GORANGO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GORANGO’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform GORANGO when you stop using the Services.
C.3 You acknowledge and agree that if GORANGO has provided you an account and disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
C.4 You acknowledge and agree that while GORANGO may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by GORANGO at any time, at GORANGO’s discretion.
C.5 You acknowledge and agree that GORANGO may change the terms of the Services it provides to existing or future Service Providers at any time, including pricing and benefits associated with the basic Services and/or premium Services. Your continued use of the Services following GORANGO’s posting of any changes or modifications will constitute acceptance of such changes or modifications.
D. Use of the Services by you
D.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to GORANGO will always be accurate, correct and up to date.
D.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
D.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GORANGO, unless you have been specifically allowed to do so in a separate agreement with GORANGO. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
D.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
D.5 Unless you have been specifically permitted to do so in a separate agreement with GORANGO, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
D.6 You agree that you will only use the GORANGO Services for your personal use to post service requests and that you will not use the Services for any commercial purposes to market, advertise, spam or otherwise communicate with Service Providers for a purpose other than posting and following up on your own service request(s). Use of the site for any other purpose will be deemed a breach of this agreement and GORANGO reserves the right, in its sole discretion, to immediately terminate your access without notice. GORANGO further reserves the right to initiate without notice appropriate legal actions to seek damages or remedies, including for example lost revenue, repairs, legal fees, costs and expenses and to seek injunctions or other equitable remedies.
D.7 You agree that you are solely responsible for (and that GORANGO has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GORANGO may suffer) of any such breach.
D.8 Further terms related to use of the Services by a Service Provider
(a) “Service Provider” means any party that establishes or otherwise signs up or registers for a service provider account through GORANGO or any party that receives one or more job leads from GORANGO and responds back at least once to a GORANGO customer through any form of communication;
(b) GORANGO offers an account to Service Providers through GORANGO’s website. Service Provider agrees to enter true, accurate and current information in the account set-up fields provided by GORANGO; GORANGO currently offers a free basic service and a fee-based premium service. GORANGO reserves the right to refuse any request for sign-up as a Service Provider for any reason whatsoever and also reserves the right to cancel or terminate the account of any Service Provider at any time for any reason whatsoever. In the event GORANGO terminates a premium account GORANGO agrees to refund the Service Provider for any applicable sign-up fees for the given month in which the account is terminated; for example, if a Service Provider signs up for and pays for an account on November 1, 2009 and GORANGO terminates the account on December 31, 2009, GORANGO will refund the Service Provider for the month of December but shall not be responsible for refunding any fees associated with use of the GORANGO Services during any previous month. In the event a Service Provider has not paid the fees due for a given month, no such refund will be required for such month;
(c) Service Provider shall pay GORANGO for the Services in accordance with this Agreement at the rate set forth on the GORANGO website Service Provider sign-up page. All rates are stated net of all applicable federal, state and local taxes and are due in advance of the premium Services. Service Provider agrees to pay all costs of collection and agrees to pay an rates increases if notification of such increase in posted on the GORANGO website any time prior to the date such increase becomes effective and Service Provider does not otherwise cancel its account prior to the application of such rate increase; Service Provider may cancel its account at any time but such cancellation will be subject to payment for the full month of Services in the month such cancellation becomes effective; cancellation by a Service Provider shall be effective on the date such cancellation is communicated in writing to GORANGO or at the time Service Provider otherwise selects cancellation through any other means set forth by GORANGO on its website but Service Providers understands that fees paid for the Services are nonrefundable; GORANGO will charge a twenty dollar ($20USD) fee for any denied or invalid credit card. Payment will be due by the 5th day of each month and Service Provider agrees to allow GORANGO to charge Service Provider’s credit card on or before the 5th day of the month for the current month of Services. All such charges are nonrefundable, subject to the terms in this paragraph.
(d) GORANGO may send the Service Provider job leads from users of GORANGO’s website based on GORANGO’s then current fee policy and website algorithm, and Service Provider agrees to allow GORANGO to send such job leads to the Service Provider through, mail, email, SMS, telephone or other forms of communication, and GORANGO reserves the right to select the form of communication for any given job lead;
D.8 If you are a Service Provider, you agree that you will only use the GORANGO services for the marketing and advertising of your offered service(s) and for the provision of such services to the users of the GORANGO Services, and you agree that, without GORANGO’s express written consent in advance, you will not spam users, distribute, re-sell or otherwise transfer any job lead information to any third party. Use of the site for any other purpose will be deemed a breach of this agreement and GORANGO reserves the right, in its sole discretion, to immediately terminate your account and your access without notice. GORANGO further reserves the right to initiate without notice appropriate legal actions to seek damages or remedies, including for example lost revenue, repairs, legal fees, costs and expenses and to seek injunctions or other equitable remedies.
E. Your passwords and account security
E.1 You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Services or to provide services as a Service Provider, where applicable.
E.2 Accordingly, you agree that you will be solely responsible to GORANGO for all activities that occur under your account.
E.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify GORANGO immediately at info@gorango.com.
F. Privacy and your personal information
F.1 For information about GORANGO’s data protection practices, please read GORANGO’s privacy policy at http://www.gorango.com/privacy.aspx This policy explains how GORANGO treats your personal information, and protects your privacy, when you use the Services.
F.2 You agree to the use of your data in accordance with GORANGO’s privacy policies.
G. Content in the Services
G.1 You understand that all information (such as vendor information, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
G.2 You should be aware that Content presented to you as part of the Services, including but not limited to vendor information, advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to GORANGO (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GORANGO or by the owners of that Content, in a separate agreement.
G.3 GORANGO reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, GORANGO may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
G.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
G.5 You agree that you are solely responsible for (and that GORANGO has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GORANGO may suffer) by doing so.
H. Proprietary rights
H.1 You acknowledge and agree that GORANGO (or GORANGO’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by GORANGO and that you shall not disclose such information without GORANGO’s prior written consent.
H.2 Unless you have agreed otherwise in writing with GORANGO, nothing in the Terms gives you a right to use any of GORANGO’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
H.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with GORANGO, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and GORANGO's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at such URL as GORANGO may provide for this purpose from time to time).
H.4 Other than the limited license set forth in Section J, GORANGO acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with GORANGO, you agree that you are responsible for protecting and enforcing those rights and that GORANGO has no obligation to do so on your behalf.
H.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
H.6 Unless you have been expressly authorized to do so in writing by GORANGO, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
I. License from GORANGO
I.1 GORANGO gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by GORANGO as part of the Services as provided to you by GORANGO (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GORANGO, in the manner permitted by the Terms.
I.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GORANGO, in writing.
I.3 Unless GORANGO has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
J. Content license from you
J.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give GORANGO a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling GORANGO to display, distribute and promote the Services and may be revoked for certain Services as defined in the Supplementary Terms of those Services.
J.2 You agree that this license includes a right for GORANGO to make such Content available to other companies, organizations or individuals with whom GORANGO has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
J.3 You understand that GORANGO, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit GORANGO to take these actions.
J.4 You confirm and warrant to GORANGO that you have all the rights, power and authority necessary to grant the above license.
K. Software updates
K.1 The Software which you use may automatically download and install updates from time to time from GORANGO. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit GORANGO to deliver these to you) as part of your use of the Services.
L. Ending your relationship with GORANGO
L.1 The Terms will continue to apply until terminated by either you or GORANGO as set out below.
L.2 If you want to terminate your legal agreement with GORANGO, you may do so by (a) notifying GORANGO at any time and (b) closing your accounts for all of the Services which you use, where GORANGO has made this option available to you. Your notice should be sent, in writing, to GORANGO’s address, P.O. Box 1414, Portland, Or 97224.
L.3 GORANGO may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) GORANGO is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the party/ies with whom GORANGO offered the Services to you has terminated its relationship with GORANGO or ceased to offer the Services to you; or
(D) GORANGO is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Service; or
(E) the provision of the Services to you by GORANGO is, in GORANGO’s opinion, no longer commercially viable.
L.4 Nothing in this Section shall affect GORANGO’s rights regarding provision of Services under Section 4 of the Terms.
L.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GORANGO have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph T.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
M. EXCLUSION OF WARRANTIES
M.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS M AND N, SHALL EXCLUDE OR LIMIT GORANGO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
M.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
M.3 IN PARTICULAR, GORANGO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR DEFECT,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED,
(E) ANY PARTICULAR SERVICE PROVIDED WILL PROVIDE A GIVEN SERVICE TO YOU, AND
(F) ANY SERVICE PROVIDED TO YOU BY A SERVICE PROVIDER FOUND USING OUR SITE WILL MEET YOUR NEEDS OR REQUIREMENTS.
M.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
M.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GORANGO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
M.6 GORANGO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
N. LIMITATION OF LIABILITY
N.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH m.1 ABOVE AND PARAGRAPH N.1.B BELOW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GORANGO AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, OR SERVICE PROVIDER;
(II) ANY CHANGES WHICH GORANGO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE GORANGO WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(VI) ANY INTERRUPTION OF BUSINESS, LOSS OF DATA OR LOSS OF USE;
(VII) ANY DAMAGE CAUSED BY A JOB LEAD PROVIDED TO A SERVICE PROVIDER;
(VIII) ANY DAMAGE CAUSED BY A QUOTE OR SERVICE PROVIDED BY A SERVICE PROVIDER;
N.2 THE LIMITATIONS ON GORANGO’S LIABILITY TO YOU IN PARAGRAPH n.1 ABOVE SHALL APPLY WHETHER OR NOT GORANGO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
N.3 IN NO EVENT SHALL GORANGO’S LIABILITY TO A SERVICE PROVIDER EXCEED THE AMOUNT PAID BY THE SERVICE PROVIDER FOR THE SIX (6) MONTHS PRECEDING ANY CLAIM BROUGHT BY SUCH SERVICE PROVIDER.
O. Indemnity. You agree to indemnify and hold GORANGO, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, Service Providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another and if you are a Service Provider, for any claims related in any way to a service you offer to perform, have offered to perform and actually perform on behalf of another user of the GORANGO Services.
P. Release. GORANGO is only involved in the initial communication from the user to a Service Provider and the communication responding back to a given user if the Service Provider responds via email via the GORANGO provided email address. Otherwise, GORANGO is completely separate from, uninvolved with and has no control over the subsequent communications between the user and Service Provider. If you are a Service Provider, GORANGO does not guarantee that you will receive job leads from participation in the Services or that any job lead(s) sent to you will result in you being hired for such job; if you are a customers of the Services, GORANGO does not guarantee that there will be a Service Provider in your area that is willing or capable of completed your service request. Further, GORANGO makes no representation, guarantee or warranty regarding the services provided by a Service Provider or as to the skills, qualifications, or quality of work of such person or entity. GORANGO has not pre-screened the Service Providers and in no way endorses or otherwise stands behind the services provided by the Service Provider. Further, GORANGO does not represent or warrant that a given Service Provider is licensed, bonded or insured and any representation of such shown on our website is provided to us by the Service Provider and is the responsibility of the Service Provider to keep current. GORANGO is not responsible for any of the services performed by the Service Providers and it is your responsibility to enter into the appropriate agreement or contract with the Service Provider(s) in advance. If you have a dispute with one or more users or Service Providers, you release us (and our officers, directors, agents, members and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Q. Advertisements
Q.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
Q.2 The manner, mode and extent of advertising by GORANGO on the Services are subject to change without specific notice to you.
Q.3 In consideration for GORANGO granting you access to and use of the Services, you agree that GORANGO may place such advertising on the Services.
R. Other content
R.1 The Services may include hyperlinks to other web sites or content or resources. GORANGO may have no control over any web sites or resources which are provided by companies or persons other than GORANGO.
R.2 You acknowledge and agree that GORANGO is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
R.3 You acknowledge and agree that GORANGO is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
S. Changes to the Terms
S.1 GORANGO may make changes to the General Terms or Supplementary Terms from time to time. When these changes are made, GORANGO will make a new copy of the General Terms available at http://www.gorango.com/termsofservice.aspx and any new Supplementary Terms will be made available to you from within, or through, the affected Services.
S.2 You understand and agree that if you use the Services after the date on which the General Terms or Supplementary Terms have changed, GORANGO will treat your use as acceptance of the updated General Terms or Supplementary Terms.
T. Miscellaneous legal terms
T.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods or a service, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
T.2 The Terms constitute the whole legal agreement between you and GORANGO and govern your use of the Services (but excluding any services which GORANGO may provide to you under a separate written agreement), and completely replace any prior agreements between you and GORANGO in relation to the Services.
T.3 You agree that GORANGO may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
T.4 You agree that if GORANGO does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GORANGO has the benefit of under any applicable law), this will not be taken to be a formal waiver of GORANGO’s rights and that those rights or remedies will still be available to GORANGO.
T.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
T.6 The Terms, and your relationship with GORANGO under the Terms, shall be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. You and GORANGO agree to submit to the exclusive jurisdiction of the courts located within the county of Washington, Oregon to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GORANGO shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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