GoServices.com Terms of Service
Introduction: Welcome to GoServices.com! This website (also referred to as the “Site”) and the services available therein are provided to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without written notice to you. You can review the most current version of the TOS at any time at: http://service.GoServices.com/terms_of_service.html
The services offered by this website are free to Customer use and only available to individual consumers (who are at least 18 years of age) and entities that can form legally binding contracts under applicable law.
If you are not legally able to enter into this Agreement then please do not proceed further and do not use the Site and/or the Service.
By accepting this agreement, GoServices.com agrees to provide the Customer with a limited number of Transportation Carriers selected through GoServices.com's database restricted by the parameters specified by the Customer. Note that some queries may return larger results depending on geographical service area, time frames specified, etc.
Once the various Transportation Carriers’ information is displayed for the Customer, the Customer has a number of choices including:
(i) [Where applicable]; requesting price quotes and/or service requests from a limited number of Transportation Carriers;
(ii) contact the Transportation Carrier directly via phone number or e-mail address listed;
(iii) request that the Transportation Carrier contact the Customer directly; and/or
(iv) linking directly to the individual Carrier's website and contacting them directly for the requested information.
By accepting this TOS, the Customer represents that any and all information the Customer provides is true and accurate and solely used for the purpose of without limitation: inquiring about, referring, reviewing, and/or reserving Transportation services. Without limitation, any false or fraudulent service requests are prohibited. GoServices.com retains the sole and exclusive right to refuse service to a Customer at any time.
Reviews / Posting of Reviews:
Customers have the ability to post reviews of Transportation Carriers on the www.GoServices.com website. Customer reviews are not pre-screened before being posted. GoServices.com relies on its Customers to be truthful and responsible in their postings. Customers are prohibited from posting or any libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material in their postings and may be prohibited from using the services available on the www.GoServices.com website if they violate this policy.
Disclaimer of Liability: GoServices.com does NOT:
(i) pre-screen Transportation Carriers prior to accepting them as members in its Service Directory;
(ii) recommend or endorse any specific Transportation Carrier;
(iii) screen posted reviews of any Transportation Carrier’s services;
(iv) unless otherwise specifically stated, endorse any product or service described in, offered on, or linked to any of GoServices.com's websites;
(v) provide advice on which Transportation Carrier to select; and/or
(vi) screen any individual Transportation Carrier's personal credit or legal standing;
(vii) sell, solicit applications for, distribute, transfer, or write contracts for any specific Transportation Carrier;
(viii) guarantee nor warrant the transmission of any and all communications (including without limitation Service Requests, e-mail communications, etc.);
GoServices.com relies on electronic data provided by third parties and on statements made by Transportation Carriers and their references to determine which Transportation Carriers to include in the database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a Transportation Carrier’s record may have occurred, which were not captured by the third party data sources used by GoServices.com. GoServices.com does not guarantee that any Transportation Carrier has insurance coverage at the time you enter into an agreement with the Transportation Carrier and makes no representation as to the adequacy of any insurance coverage (including amount, breadth, or type).
GoServices.com is not liable nor responsible for the actions or inactions of Transportation Carriers or their employees or drivers used to perform services. The use of any service or purchase of any product listed by any of the companies on the GoServices.com Service Directory is the sole responsibility of the person/s agreeing to the use or purchase of that service or product.
CUSTOMERS ARE ALWAYS ADVISED TO ASK FOR REFERENCES AND CONSULT WITH THEIR APPLICABLE LOCAL AND/OR STATE TRANSPORTATION REGULATORY AGENCIES BEFORE BOOKING A TRANSPORTATION PROVIDER. GOSERVICES.COM ALSO RECOMMENDS COMMUNICATING WITH THE BETTER BUSINESS BUREAU.
In order to join the GoServices.com Service Directory, Transportation Carrier agrees to provide GoServices.com with a completed Membership Application. All information requested therein must be completed and should be updated in the event of any changes or additions.
Opt-Out: A Transportation Carrier who is a member of the GoServices.com Service Directory has the option of Opting-Out of the Service Directory. This can be facilitated either through the Member Account or by contacting GoServices.com via email at unsubscribe@GoServices.com.
At any time during the course of a Transportation Carrier’s membership, GoServices.com can terminate any Transportation Carrier from membership for the following reasons including but not limited to:
(i) Transportation Carrier that provides false and/or inaccurate information in any part of its membership application;
(ii) Transportation Carrier that does not provide professional, courteous and reliable service to the Customer;
(iii) Transportation Carrier that receives legitimate Customer complaints; and
(iv).Transportation Carrier that fails to properly compensate GoServices.com for its services in any manner.
By accepting this TOS, the Transportation Carrier’s represents that any and all information provided is true. Without limitation GoServices.com retains the sole and exclusive right to terminate a Transportation Carrier’s listing in the Service Directory.
ALL USERS OF WEBSITE
Ownership: The Goservices.com website in its entirety together with the arrangement and compilation of the content found on this website, is the copyrighted property of GoServices, Inc. ("GoServices.com") and its third party affiliates. The trademarks, logos and service marks displayed on this website (hereinafter, the "Trademarks") are the registered and common law Trademarks of GoServices.com and/or third party affiliates. Nothing contained on this website should be construed as conferring, by implication, estoppel, or otherwise, any license or right to use any any copyright, trademark, patent or other intellectual property right of GoServices.com or any third party without the express written permission of GoServices.com, or applicable third party. Except as expressly granted under this Agreement, all rights are reserved by GoServices.
As certain information published on the website is proprietary to Acxiom Corporation (and has been identified as such) therefore you consent to the following as it is applicable:
Copyright © 2006 Acxiom
“This information is proprietary to Acxiom Corporation and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such Acxiom information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.”
Use of Website: GoServices.com grants you a limited, non-exclusive, non-transferable license to access and use this website in accordance with the terms and conditions of this TOS. You may only use this website to make legitimate inquiries. This website and the content provided in this website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of GoServices.com, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this website for your personal, non-commercial use only.
Except as expressly permitted by GoServices.com, you agree that you will not transmit or otherwise transfer any Web pages, data or content found on this website to any other computer, server, Web website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. You agree that you will not take any action that imposes a burden or load on our infrastructure that GoServices.com deems in its sole discretion to be unreasonable or disproportionate to the benefits GoServices.com obtains from your use of the website. Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web website or in any environment of networked computers is prohibited.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this website.
Data Mining Prohibited: You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website, in any case without the prior written permission of GoServices.com.
Right of Review of Transmissions and Postings: GoServices.com is under NO obligation to monitor the content of any information posted, transmitted, or received through this website. However, GoServices.com retains the right to monitor and review any information posted, transmitted or received through this website and reserves the right to sensor, edit, remove or prohibit the posting, transmission or receipt of any information that GoServices.com deems inappropriate or in violation of its terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this website constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this website, you grant GoServices.com a worldwide, non-exclusive, fully paid up, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. GoServices.com takes no responsibility and assumes no liability for any content posted or submitted by you (including but not limited to Customers and Transportation Carriers and/or their agents, employees, etc.).
Limitations of the Internet; Site is NOT involved in Transaction:
The Site acts as a venue for Members and Customers of transportation services. GoServices.com is not involved in the actual transaction between Customers and Members. As a result, it has no control over the truth or accuracy of the information submitted by Members. We encourage Customers to communicate directly with Members. No Member will at any time represent that GoServices.com endorses such aforementioned Member’s services.
DISCLAIMER OF WARRANTIES: GOSERVICES.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WESITE AND/OR ANY MATERIALS PROVIDED ON THIS WESITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. GOSERVICES.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER GOSERVICES.COM NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM, THROUGH, AND/OR VIA GOSERVICES.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY: GOSERVICES.COM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE.
IN NO EVENT SHALL GOSERVICES.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR RESERVATIONS OR WITH ANY OTHER RELATED PURPOSE), (III) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, AND (IV) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL GOSERVICES.COM BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE ACTIONS OR INACTIONS OF ANY THIRD PARTY PROVIDERS, DISTRIBUTORS, AND/OR TRANSPORTATION CARRIERS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If GoServices.com is found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this website or its content, the liability of GoServices.com and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this website [where applicable], or (b) US $100.00. In its sole discretion, in addition to any other rights or remedies available to GoServices.com and without any liability whatsoever, GoServices.com at any time and without notice may terminate or restrict your access to any part of this website.
INDEMNIFICATION: You will defend and indemnify GoServices.com and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by any third parties arising out of:
(i) content you submit, post, transmit, or otherwise make available through the service;
(ii) your use of the service;
(iii) your connection to the service;
(iv) your violation of this TOS; or
(v) your violation of any rights of another.
Links: This website contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by GoServices.com, its third party providers or distributors of the contents of such other Web sites. GoServices.com, its third party providers and its distributors shall not be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
Relationship: The relationship between GoServices.com and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Governing Law and Jurisdictions: This TOS and its performance shall be governed by the and construed in accordance with the laws of the state of California without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County in all questions and controversies arising out of your use of this website and this TOS. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within two (2) years from the date on which such claim or action arose or accrued.
Attorney’s Fees: If GoServices.com or its affiliates take any action to enforce this TOS and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Injunctive Relief: You acknowledge that a violation or attempted violation of any of this TOS and these terms and conditions will cause such damage to GoServices.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that GoServices.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by GoServices.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Assignment: You may not assign, transfer, convey, subcontract or delegate your rights, duties or obligations hereunder without the express written consent of GoServices.com.
Modification: GoServices.com may at any time modify these terms and conditions and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.
Severability: These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Headings: The headings used in this TOS are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
Disclosure and Contact Information: The service hereunder is offered by:
P.O. Box 210700
San Francisco, CA 94121
Entire Agreement: This TOS, together with any terms and conditions incorporated herein or referred to herein constitutes the entire agreement between GoServices.com and any/or entity using this website, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.