Terms Of Use

Effective date: January 02, 2023
Version 2.0

 

These Terms and Conditions of Use (‘Terms of Use’) refer to the website of GoAnalytics located at www.goanalytics.app and all related websites linked to www.GoGPS.com by GoGPS, its subsidiaries, and affiliates, including the worldwide websites of GoGPS (collectively, the “Site”). The Site is the property of GoGPS USA INC. (“GoGPS”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

GoGPS reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms of Use at any time. It is your responsibility to periodically check these Terms of Use for changes. Your continued use of the Site after posting changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, GoGPS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to GoGPS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site or any Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including by “mirroring”) to any other computer, server, website or other medium for publication or distribution or to any commercial enterprise without GoGPS’s express prior written consent.

You may use information on GoGPS products and services (such as data sheets, knowledge base articles, and similar materials) made available by GoGPS for download from the Site, provided that (1) you do not remove any proprietary notices in all copies of such documents, (2) you use such information solely for your personal, non-commercial purposes, and do not use any proprietary notices in all copies of such documents.

Your use of this site

You may not use any “deep-link” “page-scrape” “robot” “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigation structure or presentation of the Site or any Content, to obtain or attempt to obtain any material from it. GoGPS reserves the right to deny any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or to any other system or network connected to the Site or to any GoGPS server, or to any of the services offered on or through the Site, by hacking, “mining” password or any other unlawful means.

You may not investigate, scan, or test the vulnerability of the Site or of any network connected to the Site or infringe the security or authentication measures of the Site or of any network connected to the Site. You may not reverse the search, trace or seek to trace any information to any other user or visitor of the Site, or any other customer of GoGPS, including any GoGPS account not owned by you, to its source, or use the Site, or any service or information made available or offered by or through the Site, in any way that is intended to disclose any information, including but not limited to the Site.

You agree that you will not take any action that imposes an undue or undue burden on the infrastructure of the Site or GoGPS systems or networks, or on any systems or networks connected to the Site or GoGPS.

You agree not to use any device, software, or routine to interfere with or attempt to interfere with the proper functioning of the Site or any transaction being made on the Site or the use of the Site by any other person.

You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmission you send to GoGPS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to request the performance of any illegal activity or activity that infringes the rights of GoGPS or others.

Purchases; other terms and conditions

Additional terms and conditions may apply to purchases of goods or services and to specific parts or features of the Site, including contests, promotions, or other similar features, all of which form part of these Terms of Use by reference. You agree to abide by such other terms and conditions, including, where applicable, that you are of sufficient legal age to use or participate in such a service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a particular portion of the Site or any service offered on or through the Site, these Terms of Use shall control your use of that portion of the Site or a specific service.

GoGPS’s obligations, if any, with respect to its products and services are governed solely by the agreements under which they are made available, and nothing on this Site should be construed to alter such agreements.

GoGPS may, at any time without notice, make changes to any products or services offered on the Site or to the applicable prices for any such products or services. The materials on the Site relating to products and services may be out of date and GoGPS does not undertake to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

  • Guidelines for Using GoGPS Trademarks & Copyrights
  • Rights & Permissions
  • Trademarks
  • Claims of Copyright Infringement
  • Piracy
  • Counterfeit Products
  • GoGPS’s Unsolicited Idea Submission Policy
  • Software License Information
  • Legal Contacts

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords, Security

Certain features or services offered on or through the Site may require that you open an account (including setting up an ID and password). You are fully responsible for maintaining the confidentiality of the information that you hold for your account, including your password, and for all activities that occur within your account as a result of your failure to keep this information secure and confidential. You agree to immediately notify GoGPS of any unauthorized use of your account or password or any other breach of security. You may be liable for losses incurred by GoGPS or any other user or visitor to the Site due to someone else using your ID, password, or account as a result of your failure to keep your account information secure and confidential.

You may not use the ID, password, or account of anyone else at any time without the express permission and consent of the holder of that ID, password, or account. GoGPS cannot and will not be liable for any loss or damage resulting from your failure to comply with these obligations.

Disclaimers

GoGPS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GoGPS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GoGPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GoGPS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GoGPS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GoGPS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The disclaimer referred to above applies to any damage, liability or injury caused by failure to perform, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, failure of a communication line, theft, or destruction of or unauthorized access, alteration, or use, whether for breach of contract, error, negligence, or any other cause of action.

GoGPS reserves the right, at any time without notice, to do any of the following: (1) to modify, suspend or terminate the operation or access to the Site or any portion of the Site for any reason whatsoever; (2) to modify or modify the Site or any portion of the Site and any applicable policies or terms; and (3) to interrupt the operation of the Site or any portion of the Site as may be necessary to do so.

Limitation to Liability

Except where prohibited by law, GoGPS shall in no event be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including loss of profits, even if GoGPS has been advised of the possibility of such damages.

Where, notwithstanding the other provisions of these Terms of Use, GoGPS finds that it is liable to you for any damage or loss arising out of or in any way connected with your use of the Site or any Content, GoGPS shall in no event exceed (1) the total of any subscription or similar fees in respect of any service or feature of or paid on the Site (MYR). Some jurisdictions do not allow limitations on liability, so you may not be subject to the above limitation.

Indemnity

You agree to indemnify, and hold GoGPS, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries, and affiliates harmless from any claims, losses, liabilities, claims or expenses (including attorneys’ fees) made against GoGPS by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

GoGPS may disclose any information that we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may have caused injury or interference (either intentionally or unintentionally) with GoGPS’s rights or the rights of a professional. GoGPS always reserves the right to disclose any information that GoGPS considers necessary to comply with any applicable law, regulation, legal process, or government request. GoGPS may also disclose your information when GoGPS determines that the applicable law requires or permits such disclosure, including the exchange of information with other companies and organizations for the purposes of fraud protection.

You acknowledge and agree that GoGPS may preserve any transmittal or communication by you with GoGPS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or GoGPS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of GoGPS, its employees, users of or visitors to the Site, and the public.

You agree that GoGPS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site. You also agree that any violation of these Terms of Use by you will constitute an unlawful and unfair business practice and will cause irreparable harm to GoGPS, for which monetary damages would be insufficient, and you consent to GoGPS obtaining any injunctive or equitable relief that GoGPS considers necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GoGPS may have at law or in equity.

You agree that GoGPS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If GoGPS takes any legal action against you as a result of your violation of these Terms of Use, GoGPS shall be entitled to recover from you and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GoGPS. You agree that GoGPS will not be liable to you or any third party for termination of your access to the Site as a result of any infringement of these Terms of Use.