2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customers/Users will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the services or any software, documentation or data related to the services; modify, translate, or create derivative works based on the services or any software (except to the extent expressly permitted by GOSA or authorized within the services
2.2 Further, Customers/Users may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227‑7014 (a) (1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
2.3 Customers/Users shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customers/Users shall also be responsible for maintaining the security of the Equipment, Customers/Users account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customers/Users account or the Equipment with or without Customers/Users’ knowledge or consent.
3. WARRANTY AND DISCLAIMER
GOSA shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by GOSA or by third-party providers, or because of other causes beyond GOSA’s reasonable control, but GOSA shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, GOSA does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND GOSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMERS/USERS SHALL NOT HAVE HE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF GOSA TO ANY THIRD PARTY.
4. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, GOSA AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), AGENTS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND GOSA’S REASONABLE CONTROL; (D) DATA BREACH OR HACKING OF ANY NATURE OR (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; (E) ANY ERRORS OR OMMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, EMAILED, OR OTHERWISE MADE AVAILABLE THROURGH THE SERVICE; AND/OR (F)USER CONTENT OR THE OFFENSIVE, ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO CASE SHALL GOSA’S TOTAL LIABILITY FOR ANY COSTS, CLAIMS, PROCEEDINGS, OBLIGATIONS, OR DAMAGES EXCEED THE FEES PAID BY CUSTOMERS/USERS TO GOSA FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR OR $75 TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT GOSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We take your privacy very seriously. By using our Service, Customers/Users agree to the collection, use and disclosure of your personal information for use in our Service. In addition, to the extent that Customers/Users’ organization or individuals share any information with any third party data that is collected by GOSA as part of the Service Customers/Users and its Users represent and warrant that GOSA has secured all third party consents to collect, use, and share such data.
In full compliance with The Children’s Online Privacy and Protection Act (COPPA) GOSA requires that we receive parent/legal guardian consent before receiving personal information from children under the age of thirteen (13). We do not target or directly communicate with children under the age of thirteen (13). GOSA expects that any information of children under the age of thirteen (13) is entered any managed the child’s parents or legal guardians.
GOSA Site and Services may link to other websites or services. Those third party sites and services will have their own privacy policies and terms and conditions for use of their site(s) which we have no control over. GOSA Privacy terms and policies do not apply to these third party sites and GOSA does not review nor is GOSA responsible for the privacy policies, terms, practices, or other actions of these 3rd party sites.
6. TRADE MARKS, SERVICE MARKS, LOGOS
GOSA trademarks, service marks, or logos may not be copied, used, or imitated, in whole or part, without prior written consent of GOSA.
7. CONDITIONS OF USE
Customers/Users agrees to not upload, post, or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false, and presented as truth, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. Customers/Users agrees to not:
7.1 Transmit spam, chain letters or other unsolicited email.
7.2 Attempt to interfere with. Compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
7.3 Upload invalid data, viruses, worms, or other software agents through the Service.
7.4 Hacking any of the GOSA systems.
7.5 Collect or mine any personally identifiable information, including account names from the Service.
7.6 Use the Service for any commercial solicitation purposes.
7.7 Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
7.8 Interfering with the proper workings of the Service.
7.9 Accessing any content of the Service through any use of technology or means other than those provided or authorized by the Service.
7.10 Bypassing any means that GOSA may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforcing limitations on use of the Service or the content therein
7.11 Performing any data scraping, harvesting, or extraction of any GOSA information either performed manually or by the use technology/software or any other means.
GOSA may, without prior notice change the service; stop providing the service or selective features of the services to Customers/Users’ in general; or create usage limits for the service. We may permanently or temporarily terminate or suspend User’s access to the service without notice and liability if in our sole discretion the Customers/Users violate any provision of this Agreement. Customers/Users’ are solely responsible for their interactions with other GOSA users. GOSA reserves the right, but no obligation to monitor disputes between Customers/Users. GOSA shall have no liability for Customers/Users’ interactions with other Users, or for any User’s actions or inactions.