Welcome to our Web site. By using our site, you are
agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully.
If you do not agree to these terms, you should not use
this site. The term “us” or “we”
or “our” refers to Mygringos.com, the owner
of the Web site. The term “you” refers to
the user or viewer of our Web Site.
1. Acceptance of Agreement:
You
agree to the terms and conditions outlined in this Terms
of Use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with
respect to the Site, the content, products or services
provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at
any time by us from time to time without specific notice
to you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using
the Site.
2.
Copyright:
The
content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by
Section 4 below, is strictly prohibited. You do not
acquire ownership rights to any content, document or
other materials viewed through the Site. The posting
of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
Some of the content on the site is the copyrighted work
of third parties.
3.
Service Marks:
"JustgoPH.com"
and others are our service marks or registered service
marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective
owners.
4.
Limited License; Permitted Uses:
You
are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for
internal, personal, non-commercial purposes; and (c)
to print out discrete information from the Site solely
for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies
contained therein. No print out or electronic version
of any part of the Site or its contents may be used
by you in any litigation or arbitration matter whatsoever
under any circumstances.
5.
Restrictions and Prohibitions on Use:
Your
license for access and use of the Site and any information,
materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following
restrictions and prohibitions on use: You may not (a)
copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved therefrom;
(b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information,
storage and retrieval system, database, information
base, or similar resource (in any media now existing
or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d)
use any Content and Materials from the Site in any manner
that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or
any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms
of use contained in the Site; (f) make any portion of
the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process
to harvest information from the Site; (i) use the Site
for the purpose of gathering information for or transmitting
(1) unsolicited commercial email; (2) email that makes
use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use
the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site
or any portion thereof, or any software available on
or through the Site, in violation of the export control
laws or regulations of the United States.
6.
Forms, Agreements & Documents:
We
may make available through the Site or through other
Web sites sample and actual forms, checklists, business
documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license
basis only for your personal one-time use for non-commercial
purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents
are provided for a charge and without any representations
or warranties, express or implied, as to their suitability,
legal effect, completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED “AS
IS”, “AS AVAILABLE”, AND WITH “ALL
FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS
DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may be inappropriate
for your particular circumstances. Furthermore, state
laws may require different or additional provisions
to ensure the desired result. You should consult with
legal counsel to determine the appropriate legal or
business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable
to a particular situation. Some Documents are public
domain forms or available from public records.
7.
No Legal Advice or Attorney-Client Relationship:
Information
contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no
attorney-client relationship is formed. We do not warrant
or guarantee the accurateness, completeness, adequacy
or currency of the information contained in or linked
to the Site. Your use of information on the Site or
materials linked to the Site is entirely at your own
risk. We are not a law firm and the Site is not a lawyer
referral service.
8.
Linking to the Site:
You
may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site,
(b) your site does not engage in illegal or pornographic
activities, and (c) you discontinue providing links
to the Site immediately upon request by us.
9.
Advertisers:
The
Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and
complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem
in the advertiser’s or sponsor’s materials.
10.
Registration:
Certain
sections of, or offerings from, the Site may require
you to register. If registration is requested, you agree
to provide us with accurate, complete registration information.
Your registration must be done using your real name
and accurate information. Each registration is for your
personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using
the registered sections under your name; or (b) access
through a single name being made available to multiple
users on a network. You are responsible for preventing
such unauthorized use.
11.
Errors, Corrections and Changes:
We
do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant
that the information available on or through the Site
will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or
content of the Site at any time. We reserve the right
in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
12.
Third Party Content:
Third
party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for
and assume no liability for any mistakes, misstatements
of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions,
representations or any other form of content on the
Site. You understand that the information and opinions
in the third party content represent solely the thoughts
of the author and is neither endorsed by nor does it
necessarily reflect our belief.
13.
Unlawful Activity:
We
reserve the right to investigate complaints or reported
violations of this Agreement and to take any action
we deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any
information necessary or appropriate to such persons
or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic
information.
14.
Indemnification:
You
agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information
and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related
to your violation of this Agreement or use of the Site.
15.
Nontransferable:
Your
right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information
or documents is not transferable or assignable.
16.
Disclaimer:
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE,
EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
17.
Limitation of Liability:
(a)
We and any Affiliated Party shall not be liable for
any loss, injury, claim, liability, or damage of any
kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption
of the Site or any features thereof, (c) your use of
the Site, (d) the content contained on the Site, or
(e) any delay or failure in performance beyond the control
of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF
OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL
NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF
ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
18.
Use of Information.
We
reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses
by you and all information provided by you in any manner
consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by
you to us (collectively, a "Submission") will
forever be our property. We will not be required to
treat any Submission as confidential, and will not be
liable for any ideas (including without limitation,
product, service or advertising ideas) and will not
incur any liability as a result of any similarities
that may appear in our future products, services or
operations. Without limitation, we will have exclusive
ownership of all present and future existing rights
to the Submission of every kind and nature everywhere.
We will be entitled to use the Submission for any commercial
or other purpose whatsoever, without compensation to
you or any other person sending the Submission. You
acknowledge that you are responsible for whatever material
you submit, and you, not us, have full responsibility
for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19.
Third-Party Services.
We
may allow access to or advertise certain third-party
product or service providers ("Merchants")
from which you may purchase certain goods or services.
You understand that we do not operate or control the
products or services offered by Merchants. Merchants
are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not
a party to the transactions entered into between you
and Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20.
Third-Party Merchant Policies.
All
rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any
Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority
to make any representations or commitments on behalf
of the other.
21.
Privacy Policy.
Our
Privacy Policy, as it may change from time to time,
is a part of this Agreement. You must review this Privacy
Policy by clicking on this link.
22.
Payments.
You
represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information
you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at
the posted prices, including any applicable taxes.
23.
Securities Laws.
The
Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services,
as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that
are forward-looking statements. These statements are
based upon a number of assumptions and estimates which
are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words
like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends," "will" and similar expressions
are intended to identify forward-looking statements
designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the
information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of
our securities-related filings or documents.
24.
Links to other Web Sites.
The
Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such
Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by
us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
25.
Copyrights and Copyright Agents.
We
respect the intellectual property of others, and we
ask you to do the same. If you believe that your work
has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the
following information:
a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
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 Site;
d. Your address, telephone number, and email 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
on the Site can be reached by directing an e-mail to
the Copyright Agent at support@justgoph.com.
26.
Information and Press Releases.
The
Site contains information and press releases about us.
We disclaim any duty or obligation to update this information
or any press releases. Information about companies other
than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed
by us.
27.
Legal Compliance.
You
agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding
your use of the Site and the Content and Materials provided
therein.
28.
Refund and Return Policy.
To
the extent that you purchase any goods or services directly
from us, we will refund you your purchase price within
30 days of you notifying us in writing of your desire
for the refund, together with the reason for the request,
with the product or service returned to us in substantially
the same condition as when purchased. Please note, however,
that certain products and services mentioned on our
site are sold by third parties or are linked to third
party Web sites, and we have no responsibility or liability
for those products or services. You may request a refund
by contacting us by email at support@justgoph.com.
You may obtain any additional information concerning
our refund and return policy, including our mailing
address, by contacting us at support@justgoph.com.
29.
Miscellaneous.
This
Agreement shall be treated as though it were executed
and performed in Virginia, and shall be governed by
and construed in accordance with the laws of the State
of Virginia (without regard to conflict of law principles).
Any cause of action by you with respect to the Site
(and/or any information, Documents, products or services
related thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations
set forth in Section 16 and Section 17. The language
in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party. This
Agreement and all incorporated agreements and your information
may be automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale
or merger. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination
of this Agreement.
30.
Arbitration.
Any
legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action
taken by us to collect or recover damages for, or obtain
any injunction relating to, Site operations, intellectual
property, and our services, shall be settled solely
by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim
shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall
be conducted in Virginia Beach, Virginia, and judgment
on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or us may seek
any interim or preliminary relief from a court of competent
jurisdiction in Virginia Beach, Virginia necessary to
protect the rights or property of you and us pending
the completion of arbitration. Each party shall bear
one-half of the arbitration fees and costs incurred
through JAMS.
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