- Electronic Agreement/Modification. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. By registering with GoDoLists, you consent to have this Agreement provided to you in electronic form. By clicking the "I have read and accept the terms..." Button, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
- Modification. This Agreement may be modified by EWPD at its sole discretion from time to time, such modifications to be effective upon posting by EWPD on the GoDoLists.com and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated on August 12, 2014.
- Access and Retention. A link to this Agreement will be found on GoDoLists.com registration page. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
Article I – GRANT OF LIMITED LICENSE
- Limited License. Subject to the terms of this Agreement, EWPD hereby grants to User a limited, non-exclusive, non-transferable right to access and use the Website list posting service solely for personal use during the term of this Agreement. EWPD reserves all rights not expressly granted to User.
- Password/Account Settings. When you create a profile and register with the Website, you will also be asked to choose a password for purposes of accessing the Website to post lists. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. EWPD will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
Article II – EWPD PROPERTY
- Ownership. EWPD owns and retains all right, title and interest in and to the following (collectively, "EWPD Property"): (i) the Website and other software, technology, documentation, and information provided by EWPD in connection with the Website (excluding in all cases the User Data as defined below); (ii) all ideas, know-how, and techniques that may be developed, conceived, or invented by EWPD during its performance under this Agreement; and (iii) all worldwide patent, copyright, trade secret, trademark and other intellectual property rights in and to the property described in clauses (i) and (ii) above. Except as otherwise expressly authorized herein or by EWPD in writing, the non-exclusive use rights set forth in this Agreement are the entirety of User's rights in connection with the EWPD Property. This Agreement is not a sale of EWPD Property or any portion, copy or derivative work thereof. Accordingly, all rights in the EWPD Property are hereby expressly reserved. EWPD shall be entitled to use, license, sell, assign, transfer, and/or otherwise provide rights relating to the EWPD Property to any third party for any purpose free from any claim of User.
- Restrictions. Except as otherwise expressly authorized herein or by EWPD in writing, User shall not directly or indirectly (and shall not permit any unauthorized party to) do any of the following: (i) access, use, sell, distribute, sublicense, sublease, broadcast, or commercially exploit any EWPD Property or any rights under this Agreement, including without limitation any access or use of any EWPD Property on a service bureau basis or for any User processing services beyond the scope specified in this Agreement (such as any unauthorized parties on a rental or sharing basis); (ii) copy, modify, or prepare derivative works based on EWPD Property; (iii) reverse engineer, decompile, disassemble, or attempt to derive source code from any EWPD Property; (iv) remove, obscure, or alter any intellectual property right or confidentiality notices, copyright notices or legends appearing in or on any aspect of any EWPD Property; (v) cause any confusion with EWPD's brand or identity; or (vi) interfere, in any manner, with EWPD's provision of the Website.
Article III - USER DATA
- Subject to the terms of this Agreement, User hereby grants to EWPD a royalty-free, non-exclusive, non-transferable right and license to use, copy, store, and display the User Data for the purpose of enabling EWPD to provide the Website functionality under this Agreement. User shall retain sole responsibility for the accuracy, quality, integrity, reliability, and appropriateness of all User Data. "User Data" means the data and information entered by User into the Website.
- EWPD will not publish, share, or sell your email address in any way. We may occasionally send you email to notify you of any important security or software updates to GoDoLists.com.
Article IV - WARRANTIES AND LIMITATIONS
- WARRANTY DISCLAIMER.
- THIS AGREEMENT PROVIDES A LICENSE TO THE WEBSITE AND IS NOT A SALE OF GOODS.
- USER ACCEPTS RESPONSIBILITY TO VERIFY THAT THE WEBSITE WILL MEET USER'S SPECIFIC REQUIREMENTS AND PERFORM AS WARRANTED. EXCEPT AS PREVIOUSLY SET FORTH IN THIS AGREEMENT, EWPD DISCLAIMS ALL WARRANTIES, GUARANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ALLEGED TO ARISE BY A CUSTOM OR USAGE IN A TRADE, OR BY COURSE OF DEALING. EWPD DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. THE WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. USER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER'S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EWPD OR EWPD'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES CONTAINED IN THIS SECTION.
- EWPD MAKES NO WARRANTY AS TO THE ADEQUACY OR CAPACITY OF ANY HARDWARE OR THIRD PARTY SOFTWARE TO ATTAIN SOME OR ALL OF THE PERFORMANCE OBJECTIVES OF USER. MANY FACTORS, INCLUDING BUT NOT LIMITED TO THE TYPE OF NETWORK, THE AMOUNT OF TOTAL NETWORK TRAFFIC, AND THE TYPE AND PATTERN OF USAGE OF THE WEBSITE ON THE NETWORK WILL IMPACT THE PERFORMANCE OF THE WEBSITE INSTALLED ON SUCH NETWORK.
- LIMITED LIABILITY. EXCEPT FOR FAILURE TO COMPLY WITH THE PROPRIETARY RIGHTS OR THE INDEMNITY PROVISIONS CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS, OR GOODWILL, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, REVENUE, BUSINESS INFORMATION OR DATA, OR PERSONAL HARM OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EWPD HAS SET PRICES FOR THE WEBSITE BASED ON THE ALLOCATION OF RISKS SET OUT IN THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
- No Advice. The information provided on this Website is for reference use only, and does not constitute the rendering of medical, legal, financial, or other professional advice or recommendations by EWPD. The Website is not a substitute for professional recommendations, and nothing on the Website is a comment on the specifics of your situation. Please consult your medical provider with any specific questions that you have about your health or call 911 in the case of an emergency.
- Limitations Period. Neither party may bring any claim or action arising out of or related to this Agreement, including any claim of fraud or misrepresentation, more than one (1) year after the claim accrues. USER AGREES THAT ANY CLAIM NOT PRESENTED WITHIN ONE (1) YEAR OF THE ACCRUAL OF THE CLAIM BY USER SHALL BE DEEMED TO BE WAIVED.
- Indemnification. You agree to indemnify and hold EWPD, its owners, officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from any use of this Website.
Article V – TERM AND TERMINATION
- Term. The term of this Agreement will commence on the date of this Agreement and will continue unless terminated sooner under the terms of this Agreement.
- Survival. The provisions set forth in Articles II, III, V, VI, VII and VII shall survive termination of this Agreement.
- Effect. Upon termination, the license to use the Website shall be immediately revoked.
Article VII - CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW
By using the Website, you expressly agree that if there is any dispute arising out of the Website, or in the event of any judicial
action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction
covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is
brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida,
without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of
the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned
choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of
litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in
this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to
object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal
courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose
of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered
against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in
other jurisdictions in any manner provided by law.
Article VIII - MISCELLANEOUS
- The waiver of one breach hereunder shall not constitute the waiver of any other or subsequent breach.
- No amendments, modifications, or supplements to this Agreement shall be binding unless in writing and signed by the parties. The headings and titles to the sections of this Agreement are inserted for convenience only and shall not be deemed a part of, or affect the construction or interpretation of, the provisions of this Agreement.
- Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under this Agreement due to a natural disaster, actions or decrees of governmental bodies or for intermittent delays in service due to interruption of servers or internet or other services provided by third party providers.
- If any provision of this Agreement is held to be invalid or unenforceable, such decision shall not affect the validity or enforceability of the Agreement or any of the remaining provisions. This Agreement may not be assigned by either party and any attempted assignment shall be void.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.