Terms and Conditions
THESE TERMS OF SERVICE WERE LAST UPDATED ON March 28, 2012
When you sign up for any service within the GoFar.com site (the “Site”), all of which services are hereinafter referred to collectively as the “Service,” you agree to all of these Terms of Service (the “Agreement”). This Agreement constitutes the agreement between GoFar.com and you with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. Please read the following terms and conditions carefully, as they form the agreement between GoFar.com, LLC, or any of its successors or assigns (referred to herein as “we” or “us”) and you (sometimes referred to herein as “you”, “your” or the “User”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
Overview of the Service
GoFar is an online social networking service designed to connect users who would like to share a ride to a destination agreed between them. Some users are drivers or vehicle operators who are traveling to a particular destination and how may have space in their vehicle for a passenger. Other users are passengers who are seeking such drivers who may be travelling to a desirable destination. GOFAR DOES NOT PROVIDE TRANSPORTATION SERVICES, AND GOFAR IS NOT A TRANSPORTATION CARRIER. IT IS THE SOLE RESPONSIBILITY OF GOFAR USERS WHO ARE THIRD-PARTY TRANSPORTATION PROVIDERS, DRIVERS OR VEHICLE OPERATORS TO OFFER TRANSPORTATION SERVICES THAT MAY BE ARRANGED THROUGH USE OF THE SERVICE. GOFAR MERELY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES. GOFAR HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. GOFAR DOES NOT NOW, NOR WILL IT EVER, HAVE ANY INTENTION TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND AFFIRMATIVELY REPRESENT YOUR UNQUALIFIED UNDERSTANDING THAT THE SITE USERS FROM WHOM YOU MAY RECEIVE TRANSPORTATION SERVICES ARE IN NO WAY RELATED TO GOFAR AND THAT GOFAR IS NOT RESPONSIBLE IN ANY WAY FOR THE PERFORMANCE OF SUCH TRANSPORTATION SERVICES, THE USE OF WHICH TRANSPORTATION SERVICES IS AT YOUR SOLE RISK.
Right to Use
Your right to use the Service is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Site or Service at any time, including the availability of any Site or Service feature, database, or content. We may also impose limits on certain features and aspects of the Site or Service or restrict your access to parts or all of the Site or Service without notice or liability.
THIS SERVICE IS FOR ADULTS ONLY. By using or viewing the Site or the Service, you represent, warrant, and covenant that you are at least 18 years old or the age of majority in your jurisdiction and are not prohibited by law from using the Site or Service. If you use of the Site or Service in violation of this section, you may be subject to legal action as a result.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
- You are solely responsible for any content, including, but not limited to, text, audio or video recordings, photographs, graphic depictions, or any other type of material, data or information (collectively, the “Content”) that you post on the Site or display to other members of the Service. You will keep all Content provided to you through the Service private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you;
- You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Content that contains (i) libelous, slanderous, abusive or defamatory statements; or (ii) racist, pornographic, obscene, or offensive language;
- You will not post any Content or use the Service in any way that (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights; or (ii) is fraudulent or otherwise violates any law;
- You will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services, except as expressly permitted by us;
- Your use of the Service is for your own personal use; you may not allow others to use the Service and you may not transfer account to other users;
- You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
- You will not forward any chain letters through the Service.
Social Networking Site Cautions
The following are precautions you should consider when meeting or corresponding with anyone on any social networking or dating website:
- Anyone who is able to commit identity theft can also falsify a member profile;
- There is no substitute for acting with caution when communicating with any stranger who wants to meet you;
- Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your member profile or initial email messages; stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it; and
- If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return; avoid being picked up at your home for your first meeting.
Content Posted By Members
By agreeing to the terms and conditions of this Agreement, you represent and warrant that all Content you upload or otherwise post to the Site does not in any way infringe on anyone’s intellectual property rights. You also authorize GoFar.com to post any and all photographs uploaded by you throughout GoFar.com and other associated websites featuring other members of the Service. GoFar.com hereby asserts immunity with respect to all Content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act and the Digital Millennium Copyright Act. We will remove any Content that you may post on the Site upon being notified, as provided in these terms and conditions, that the Content you post on the Site violates the intellectual property rights of another. We may remove any Content that you post on this Site that we believe, in our sole discretion, violates this Agreement without any obligation to provide you with prior notice of such removal. Members and others are prohibited from uploading any Content to the Site which, in our sole opinion, might be illegal or offensive, including, but not limited to, Content that violates the prohibitions set forth under our “Code of Conduct,” above, or any other provision of this Agreement. You may not post any Content that solicits any information or response from anyone under 18 years of age, mischaracterizes your identity, solicits any information that might be used for unlawful purposes, or encourages unlawful activities. Except as expressly permitted by us, you may not post any Content for commercial purposes, including, but not limited to, email marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, GoFar.com reserves the right, in GoFar.com’s sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all authorities that may have jurisdiction over the matter. In the event any actions or proceedings are brought against GoFar.com as a result of Content you have posted on the Site, or your engaging in any prohibited activities, as set forth in this section or in this Agreement, you agree to indemnify and hold GoFar.com harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that GoFar.com may incur as a consequence of your posting of such content or engaging in such prohibited activities.
Any and all images uploaded to GoFar.com become property of GoFar.com and may be used by GoFar.com, without restriction, as marketing materials. By accepting this Agreement and its terms and conditions you specifically authorize us to use any images you upload to GoFar.com for marketing the Site in our sole discretion.
Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service’s Designated Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on a Site;
- your address, telephone number, and email address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on such owner’s behalf.
You may send your Notice of Claimed Infringement to:
Mark J. Bryn
2 South Biscayne Blvd., Suite 2680
Miami, Florida 33131
Fax: (305) 372-8068
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.
The Site will terminate the account of any member who the Site believes has infringed on the rights of any third party(ies) two or more times. For the avoidance of doubt, the Site specifically reserves the right to terminate the account of any member reported by any third party for infringing on such third party’s rights and the Site will immediately terminate the account of any member reported more than once for infringing on the rights of a third party.
DMCA Counter-Notification Procedure
If you feel that a particular Notice of Claimed Infringement is erroneous or false, and/or that the allegedly infringing material has been wrongly removed in response to a notice as outlined above, you are permitted to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for you to dispute the removal or disabling of material that has been disabled after receiving a Notice of Claimed Infringement. The information that you provide in a counter-notification must be accurate and truthful, and you will be liable for any misrepresentations that may cause any claims to be brought against us relating to the removed material.
To submit a counter-notification, please provide our designated DMCA agent the following information:
- A specific description of the material that was removed or disabled pursuant to the Notice;
- A description of where the material was located within the Site before such material was removed and/or disabled;
- A statement reflecting the Recipient’s belief that the removal or disabling of the Material was done so erroneously; and
- The your physical address, telephone number, and email address.
Written notification containing the above information must be signed and sent to:
Mark J. Bryn
2 South Biscayne Blvd., Suite 2680
Miami, Florida 33131
Fax: (305) 372-8068
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.
After receiving a DMCA-compliant counter-notification, our designated DMCA agent will forward it to us, and we will then provide the counter-notification to the entity who first provided the Notice concerning the subject material. Within ten to fourteen (10-14) days after our receipt of a counter-notification, we will replace or cease disabling access to the disputed material, unless we or our designated DMCA agent has received notice from the entity who first provided the Notice of Claimed Infringement that such entity has filed a legal action pertaining to the disputed material.
Use of Information on Service
You acknowledge and agree that:
- We cannot ensure the security or privacy of information you provide through the Internet, email, or messaging; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
- We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
- We cannot assume any responsibility for the content of any communication sent by any user on the Service, and you release us from any and all liability in connection with the contents of any such communication you may receive from other users;
- You acknowledge that you cannot bring legal action against GoFar.com or any of its employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
- You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member’s age or marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out-of-date information.
Monitoring and Removal of Information
We reserve the right, but have no obligation, to monitor any and all advertisements, public postings and messages to ensure that they conform to the content guidelines and this Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of “hackers”). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, for breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Limitation of Liability
WE ARE NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY ARISE OUT OF OR RELATE TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, BUSINESS OR DATA, OR DAMAGES RESULTING FROM ANY VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE SOFTWARE OR MATERIALS, OR COMMUNICATIONS BY YOU OR OTHER USERS OF THE SERVICE, OR ANY INTERRUPTION OR SUSPENSION OF THE SERVICE, REGARDLESS OF THE CAUSE OF THE INTERRUPTION OR SUSPENSION. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE DURING THE PREVIOUS 12 MONTHS. WE MAY DISCONTINUE OR CHANGE THE SERVICE OR ITS AVAILABILITY TO YOU AT ANY TIME, AND YOU MAY STOP USING THE SERVICE AT ANY TIME; PLEASE SEE DETAILS ON CANCELLATION BELOW.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICE. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY GOFAR OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. If you are a California resident, your use of the Service affirmatively demonstrates that you knowingly and voluntarily waive California Civil Code § 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any GoFar.com related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.
To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to Contact. Immediate actions will take place in order to help solve the problem.
You may become a member of GoFar.com by completing an online registration form, which must be accepted by GoFar.com. Upon submission of the online registration form, GoFar.com or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform GoFar.com of all changes to the Registration Data, including, but not limited to, changes in your address and changes in the credit card information you used, if any, in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or GoFar.com or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoFar.com has the right to suspend or terminate your account and refuse your current or future use of GoFar.com and the Service, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks, inappropriate “chargebacks” or credits to your credit card and any related fees that we incur with respect to your account.
Member Account, Password and Security
As part of the registration process, you will be prompted to provide an active Facebook account to be associated with your GoFar.com account for user validation purposes. You certify that when asked to Facebook member account, you will not specify an account that falsely represents you as somebody else or that may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of member accounts that we, in our sole discretion, deem inappropriate. We reserve the right to modify any materials on the Site and GoFar.com design at anytime, with or without prior notice. We reserve the right to cancel at any time the membership of any member who uses their member account in violation of this Agreement or in any other way we, in our sole discretion, deem inappropriate. Your member account is nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your Facebook account login information and that you will not provide access to the Service to anyone who is below the age of majority. You are solely responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your login. You agree to (a) immediately notify GoFar.com of any unauthorized use of your Facebook account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service until you notify GoFar.com by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify GoFar.com against all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.
Cancellation By User
You may cancel your membership at any time by visiting www.gofar.com/cancel. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of the Service. In the event that you cancel your account, no refund will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service to which you were a member.
Termination by GoFar
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if (a) GoFar believes that you have breached any material term of this Agreement or the documents it incorporates by reference; (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) GoFar decides to cease operations or to otherwise discontinue any of the Site or parts thereof. Further, you agree that neither GoFar nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Service. You agree that if we terminate your account, you will not attempt to re-register as a member without prior written consent from GoFar.
Fees for Use of the Service
At this time, the Service is provided to you free of charge. We reserve the right to change this pricing policy and charge a fee for your access to certain portions of the Site or Service. In such event, you must select a payment method. GoFar.com reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a cardholder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time. WE MAY ELECT TO USE AN AUTOMATIC REBILL CYCLE ACCORDING TO YOUR SELECTED PAYMENT OPTION.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
By supplying us with all the required information and signing up as a member, you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You and GoFar hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida for resolution of all disputes. You and GoFar hereby agree that exclusive venue for any litigation under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida.