Terms of service
Effective: November 5, 2023
USING THE SERVICES
You must be at least 13 years old to use the Services. Gomates does not knowingly collect information from children under 13.
You may use our Services only as permitted by applicable law, including export control laws and regulations.
Subject to your compliance with these Terms, Gomates grants you a limited, nonexclusive, revocable, nontransferable license to access and use the Services in order to use the features as provided by Gomates.
We work to continuously improve our Services. As such, the Services may change from time to time, at our discretion. We may modify or stop providing the Services or any features within the Services with or without notice and without liability to you or any third party.
You may stop using our Services at any time. We reserve the right to suspend or terminate your account and your access to the Services without notice to you at any time for any or no reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms, (b) your use of the Services poses a risk of harm or loss to us or other users, or (c) you are engaging in abusive use of the Services.
You are responsible for the information that you provide to the Services or to Gomates (“Content”). Examples of your Content include information about your Gomates groups and carpool trips, and all communications that you send or direct to Gomates. You agree that you have all the permissions, rights, and licenses necessary to provide your Content to Gomates; your Content does not include personal, private or confidential information belonging to others; and your Content does not otherwise violate the rights of any individual or entity.
You own your Content. However, to enable us to provide, promote, and improve the Services, you grant Gomates a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, adapt, publish, display, and distribute your Content.
We respect the intellectual property of others. We reserve the right to delete content alleged to be infringing on a copyright and to terminate accounts of infringers. If you believe content on the Services violates your intellectual property rights, you may send a notice to our Copyright Agent. Please note that we may send a copy of any legal notice we receive to the person claimed to be infringing on content, or to a third party for publication. Our designated agent for notice of alleged copyright infringement on the Services is:
PO Box 1331
Corvallis OR 97339
You agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. In using Gomates, don’t engage in any activity which: (a) is illegal, or intended to promote or commit an illegal act of any kind; (b) is defamatory, misleading, obscene, or promotes hatred or violence; (c) is intended to or does harass or bully others; (d) exposes private information of a third party without their explicit consent; or (e) includes promotional content or unwanted solicitations.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following: (a) access, tamper with, or use non-public areas of the Services; (b) probe, scan, or test the vulnerability of any system or network of the Services; (c) breach or circumvent any security or authentication measures of the Services; (d) access or search the Services by any means other than through our publicly supported interfaces (for example, “scraping”); (e) use the Services to send altered, deceptive or false source-identifying information; (f) interfere with or disrupt any user, host or network of the Services, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (g) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Services; (h) modify, reproduce, publish, or create derivative works of the Services; or (i) license, resell, rent, lease, or distribute the Services or any components thereof.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and do not share your account credentials with others. You alone are responsible for anything that happens from your failure to maintain account security and confidentiality.
We reserve the right to take appropriate action in response to violations of these Terms, which could include removing or disabling access to Content, or suspending or terminating your access to the Services.
DISCLAIMER OF WARRANTIES
You acknowledge that the Services are provided “as is” and on an “as available” basis, without warranty of any kind, whether express or implied, and that your use of the Services is at your sole risk. Gomates does not warrant: (a) that the Services will meet your specific requirements, (b) that the Services will be uninterrupted, timely, secure, or error-free, (c) that the results that may be obtained from the use of the Services will be accurate or reliable, or (d) that the quality of any information or other material obtained through the Services will meet your expectations. Gomates specifically disclaims any implied warranties of merchantability, fitness for particular purpose, and non-infringement.
LIMITATION OF LIABILITY
To the full extent permitted by applicable law, Gomates shall not be liable for any indirect, incidental, special, punitive, or consequential damages of any kind or for any loss of profits, revenue, data, use, goodwill, or other intangible losses arising out of, or in connection with (a) your use or inability to use any part of the services, (b) statements or conduct of any third party on the services, or (c) your participation in or exclusion from Gomates groups or Gomates trips and the actions of you or others in Gomates trips, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the event giving rise to the claim.
RELEASE AND INDEMNIFICATION
To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, employees, and agents from claims, demands, and damages arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a Gomates group or a Gomates trip. You acknowledge that some carpool trips carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these trips, you understand and agree that you have freely chosen to assume these risks.
You agree to defend, indemnify and hold Gomates (and its officers, directors, shareholders, employees, and agents) harmless from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of or relating to (a) your violations of this Agreement, (b) your use or misuse of the Services, (c) your Content, or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. You will not settle any such claim in any manner that would require Gomates to pay money or admit wrongdoing of any kind without our prior written consent.
The Services are protected by copyright, trademark, and other laws of both the United States and other countries. These Terms do not grant you any right, title, or interest in the Services, Gomates trademarks, logos and other brand features, or content provided by other users.
These Terms, together with any policies incorporated into these Terms by reference, constitute the entire agreement between you and Gomates, superseding any prior agreements between you and Gomates on such subject matter.
These Terms will be governed by the laws of the State of Oregon, without regard to its choice of law principles. Any legal action or proceeding related to these Terms will be brought exclusively in the federal or state courts located in Oregon, and the parties consent to the personal jurisdiction and venue of such court(s). However, this paragraph doesn’t override the laws of countries, including those in the European Union, that require agreements to be governed by the local laws of the consumer’s country.
A party’s failure to enforce any part of these Terms is not a waiver of its right to do so later. If any portion of these Terms is held to be unenforceable or invalid, that portion will be enforced reflecting our intent as closely as possible, and all other provisions will remain in full force and effect. You may not assign any of your rights under these Terms, and any such attempt will be void. Gomates may assign its rights to any affiliate or successor in interest of any business associated with the Services.
You agree to resolve disputes with Gomates on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.
We may revise these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and changing the date on this page. If we make any material revisions, we will try to provide additional notice, such as by displaying a prominent notice on our Services or sending you an email. By continuing to use the Services after the revisions become effective, you agree to be bound by the revised Terms. If you do not wish to accept the revised Terms, you can close your account.
These terms are between you and Gomates Inc, PO Box 1331, Corvallis OR 97339