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| Welcome to Goda Software . Goda Software provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Goda Software services, you and Goda Software shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Goda Software also may offer other services from time to time, such as Goda Software Store and Goda Software Site that are governed by different Terms of Services. These TOS do not apply to the Goda Software GeoCities Service, Goda Software Store or Goda Software Site or such other services. |
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| Description of Service |
In order to use this site, you must obtain 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 provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Goda Software has created certain areas on this site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
Goda Software may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Goda Software, its users and the public. |
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| Indemnity |
| You agree to indemnify and hold Goda Software, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content obtained from this site. |
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| Modifications of Service |
| Goda Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its web site. |
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| Dealings With Advertisers |
| Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Goda Software shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this site. |
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| Links |
| This site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Goda Software has no control over such sites and resources, you acknowledge and agree that Goda Software is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Goda Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. |
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| Proprietary Rights |
You acknowledge and agree that this site and any necessary software used in connection with this site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through this site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Goda Software or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this site or the Software, in whole or in part.
Goda Software grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to this site. You agree not to access this site by any means other than through the interface that is provided by Goda Software for use in accessing this site. |
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| Disclaimer of Warranties |
You agree that your use of this site is at your sole risk. This site is provided on an "as is" and "as available" basis. Goda Software expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Goda Software makes no warranty that (i) this site will meet your requirements, (ii) this site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through this site will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of this site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Goda Software or through or from this site shall create any warranty not expressly stated in the tos.
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| Limitation of Liability |
| You expressly understand and agree that Goda Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Goda Software has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use this site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on this site; or (v) any other matter relating to this site. |
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| Exclusions and Limitations |
| Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 17 and 18 may not apply to you. |
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| Special Admonition for Services Relating to Financial Matters |
| If you intend to create or join any service, receive or request any news, messages, alerts or other information from this site concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. this site is provided for informational purposes only, and no Content included in this site is intended for trading or investing purposes. Goda Software shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via this site, and shall not be responsible or liable for any trading or investment decisions made based on such information. |
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| Trademark Information |
| Goda Software , the Goda Software logo, service names are trademarks of Goda Software (the "Goda Software Marks") are the property of Goda Software Without Goda Software's prior permission, you agree not to display or use in any manner, the Goda Software Marks. |
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| General Information |
This TOS constitutes the entire agreement between you and Goda Software and govern your use of this site, superceding any prior agreements between you and Goda Software. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Goda Software shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Goda Software agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Prince William, Virginia. The failure of Goda Software to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect. |
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