GooZam Terms of Service

Welcome to the GooZam community! Thanks for using our products and services ("Services"). The Services include the GooZam website ("website"), located at www.goozam.org, and the GooZam mobile app ("app"). These Services are owned and operated by the GooZam Organization (GooZam). References to the Services in this agreement may refer to the website and app themselves, the content found or posted within, or any of the ancillary services related to their operation. To the extent they form a necessary part of the Services’ operations, the term "the Services" in this agreement may refer to the related services and/or products of our affiliated partners and contractors. The Services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Services

The Services are provided to you on an "AS IS" basis. Through the website and the mobile app, the provided Services may include access to our computer network, the global network of GeoVolunteers, access to products and services by affiliated entities and affiliated partners, and other related infrastructure and services. These Services are provided as is and without any warranties.

The GooZam Organization was built around the idea of helping people who are in emergency situations. By creating a user account on our website or app, a GooZam user can send out a distress communication through our network in the event of an emergency. Upon receipt of the emergency communication, GooZam will alert local authorities. At the same time, our system will alert all nearby GeoVolunteers to respond to the emergency and provide assistance until official emergency services respond. In instances or locations where there are no official first response services, the GooZam Services and network of GeoVolunteers will serve as a first response system.

Only users who have created an account with GooZam and agreed to these Terms may use the GooZam app or website and its related emergency response system. Those users who qualify to become GeoVolunteers will receive emergency communication notifications for emergencies occurring within a certain mile radius of their current location. Emergency communication notifications sent by GooZam users will only be sent to official first response services (e.g., police, fire, and EMS services reached via local 911 call) and GeoVolunteers in the area of the emergency. GooZam is not responsible for any apps, data, or content that is hosted or downloaded from any third-party apps, third party sites, and/or additional apps, as described in the "Links to Third-Party Sites and Third-Party Services" section below. Be sure to conduct your own due diligence prior to using any services or products offered by outside sources.

PRIVACY

Your use of the GooZam website is subject to the GooZam website’s Privacy Policy. Please review our Privacy Policy, which both the website and the mobile app and informs users of our data collection practices.

OUR USE OF YOUR INFORMATION

You own the content you post on the GooZam website or the mobile app to the extent allowed by applicable intellectual property law. However, for content that is covered by intellectual property rights, like photos and videos (IP content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that you post on or in connection with GooZam Organization, the GooZam website, or the mobile app. This intellectual property license ends when you delete the content in question from your account, unless that content has already been shared with other users and they have not deleted it. For more information about the Terms related to user content, see the "Submission of User Content" section below.

When you publish content or information to the public areas of your GooZam account, it may mean that you are allowing everyone, including people off of GooZam, to access and use that information, and to associate it with you (i.e., your name and profile picture). You agree that the owners and operators of GooZam Organization reserve the right and may, at any time and without notice to you, modify or discontinue the GooZam Services and delete the data you provide, either temporarily or permanently. GooZam shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

GooZam also reserves the right to use any feedback or suggestions you provide to us without any obligation to compensate you for them (just as you have no obligation to offer them).

WHO CAN BE A GEOVOLUNTEER?

Anyone who would like to be GeoVolunteer as approved by or not disputed by the GooZam Organization, however it is preferred that a GeoVolunteer has had prior medical, health or rescue training, and has agreed to volunteer on an on-demand and geo-proximity basis can be a GeoVolunteer. The GeoVolunteer qualifications may be modified or determined by GooZam at any time. Furthermore, GooZam reserves the right to exclude individuals as GeoVolunteers, for any reason, at its sole discretion.

ELECTRONIC COMMUNICATIONS

Use of our Services constitutes sending and receiving electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via the app, the website, and email, satisfy any legal requirement that such communications be in writing.

USE OF MOBILE DEVICES

The GooZam mobile app makes use of mobile features such as SMS, internet data communication, and voice call services. Using the app on mobile devices could result in additional charges from your mobile service carrier for the use of these or related services. In those cases, GooZam will attempt to remind you before any action is taken that may incur extra charges. The use of your mobile devices and any and all charges related to that use nonetheless remain your sole responsibility. You agree that GooZam is not responsible for additional charges related to mobile services and that any and all such charges are not reimbursable by GooZam.

QUESTIONS AND ANSWERS DISCLAIMER

GooZam may from time to time publish related content on its website, mobile app, and other online platforms. The answers and information presented on the GooZam website, the website pages, the GooZam blog, and GooZam Organization’s social media accounts are general ones. In no circumstance should they be construed to be absolute and universal recommendations or legal/medical/personal advice.

GooZam disclaims any responsibility for any adverse consequences that result from following the guidelines outlined as part of our Services without first seeking legal/medical/personal advice, from undetected errors, or from misinterpretation by the reader. You use the content provided through our Services at your own risk YOUR ACCOUNT.

As a user of our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GooZam is not responsible for third-party access to your account that results from theft or misappropriation of your account. GooZam and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

LINKS TO THIRD-PARTY SITES AND THIRD-PARTY SERVICES

The GooZam website, with its affiliated domain, the mobile app, and our API integration partners and services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of GooZam Organization and GooZam is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. GooZam provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GooZam Organization of the Linked Site, its contents, or any association with its operators.

Certain services made available through our Services are delivered by third-party sites and organizations. By using any third-party product, service, or functionality linked through the Services, you hereby acknowledge and consent that GooZam Organization may share your information and data with that third party on your behalf for the purposes of providing the requested product, service, or functionality.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to GooZam that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair GooZam or the Services, or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information not intentionally made available or provided for by GooZam through the Services or through our social media accounts and other official online communications platforms.

All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used to operate the Services, is the property of the GooZam Organization or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto without express written permission from GooZam or the applicable rights-holder. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works, or in any way exploit any of the content, in whole or in part, found in or on the GooZam website or mobile app. The GooZam website and app are not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GooZam Organization and the copyright owner.

You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GooZam Organization or our licensors except as expressly authorized by these Terms.

INTERNATIONAL USERS

The Services are controlled, operated, and administered by GooZam Organization from our offices, through authorized affiliated individuals, contracted or affiliated services, authorized and contracted organizations, and/or designated locations or working centers. If you access the Services from a location outside our area, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

YOUR CONDUCT

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that the Services may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears in or on our Services nor for any error or omission.

You explicitly agree, by using the Services, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere with or interrupt the Services, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets

SUBMISSION OF USER CONTENT

By providing any IP content (such as text, photos, or videos) to GooZam, the Services, and our affiliated partners, you agree to all of the following statements listed below:

(a) you agree to grant to GooZam a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, or translate your content, and to create derivative works and compilations from it, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section;

(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any IP content you provide at any time and for any reason, with or without notice.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GooZam Organization, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GooZam Organization reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GooZam Organization in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the International Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND GOOZAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

GOOZAM MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER GOOZAM NOR ANY PARTICIPANT IN THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT LIABILITY TO GOOZAM OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties. If any term or provision of the above language related to warranties is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity or legality of the remainder of this Section.

CLASS ACTION WAIVER

Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Furthermore, unless both parties agree otherwise, the arbitrator in the case of arbitration of a dispute arising herein may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND ANCILLARY SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GOOZAM MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AT ANY TIME. GOOZAM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GOOZAM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

COMMUNICATIONS

GooZam makes no representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our website, mobile app, forum, bulletin board, chat room, social media accounts, or any other user-interactive areas of our site (collectively, GooZam’s "online presence"). You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our online presence.

GooZam does not endorse any statements made by any user participant in our online presence. Any opinions or views expressed by a user in or on our online presence are their own. GooZam does not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.

You are fully responsible for your own statements and materials that you post on our website, mobile app, or any other area of our online presence and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold GooZam responsible for any such materials or statements.

As a participant in Services and online presence, you agree that we may remove any materials from our Services or online presence for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold GooZam harmless from and against any damage you or others may suffer as a result of our removal of any content from our Services or online presence or from the discontinuance thereof at any time.

TERMINATION/ACCESS RESTRICTION

GooZam reserves the right, in its sole discretion, to terminate your access to the Services at any time, without notice. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

NATURE OF THE PARTIES’ RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GooZam Organization as a result of this agreement or use of the Services. GooZam Organization's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GooZam’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by GooZam with respect to such use.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GooZam Organization with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and GooZam Organization.

ADMISSIBILITY IN EVIDENCE

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

TRADEMARKS

GooZam websiteTM, GooZamTM, www.goozam.orgTM, GeoVolunteersTM, GeoVolunteerTM, and geovolunteerTM are registered trademarks of the GooZam Organization or are in the process of obtaining registered trademark status. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

NO WAIVER

No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and GooZam Organization’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at www.goozam.org. Notices and procedure for making claims of copyright infringement

Pursuant notifications of claimed copyright infringements should be brought to GooZam’s attention by one of the contact methods available at www.goozam.org. INQUIRIES NOT FOLLOWING THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

CHANGES TO TERMS

GooZam Organization reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. GooZam Organization encourages you to periodically review the Terms to stay informed of our updates.

CHOICE OF LAW

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Services.

CONTACT US

The GooZam Organization welcomes your questions or comments regarding the Terms. Questions about the Terms of Service should be sent to us via the Contact Us form at www.goozam.org.

ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF THE COMPANY AGREEING TO PROVIDE THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND THE COMPANY RELATING TO THE SUBJECT OF THIS AGREEMENT.