Terms and Conditions
GoodSeeker™ is an employment branding and personal recognition application. User accounts are given to employees by an organization and it is voluntary to use. Users use it to capture and promote stories that highlight good things that happen at work. Users can collect stories that they give and receive to build their personal brand profiles over time, and to show their positive impact. Personal profiles are portable and stay with the user over their career. Organizations aggregate stories from employees. Stories are shared internally and content that is approved can be shared online to inform the public about an organization's culture, contribution and impact. GoodSeeker stories and related data can be used to provide services, benefits and insights to individuals and organizations. Anonymous content is not allowed on GoodSeeker.
About the Application
Types of Pages
Personal Profile Pages are where employees manage their account, view their stories, see notifications, view data about their stories, engagement activities, accomplishments, etc. A user's Personal Profile and all of their stories and story data are portable and accessible by the user. Portable means the user has access to stories created by them or about them even if they are no longer employed or associated with the organization where they were created. The user can decide if they want to make their personal profile page visible to the public. They can also control which stories on their profile page are visible to the public.
Organization Internal Pages are where stories created by employees are published and viewed by the rest of the organization. After a user signs up and creates their personal profile they can connect to an organization’s story page using a validated identity such as a work email. This gives them access to an organization’s story page and the ability to create and publish work stories to the organization’s story page. When the first registered user of an organization tries to connect to an organization that does not have a story page, GoodSeeker creates page for that organization.
Organization Public Pages are public facing pages hosted by GoodSeeker that organizations can use to inform the public about stories and stakeholders associated with their workplace. Organizations must assign at least one administrator before enabling their organization’s Public page. Administrators are required to approve stories to be published publicly.
Administrative Pages are accessible by users authorized to perform administrative tasks on behalf of the organization. Examples of administrative features include customizing story tags, adding and deleting users, establishing enterprise SSO connections, and approving stories to be promoted on Public pages. The first user to sign up and connect to an organization with a valid work identify is the initial administrator.
Types of Stories and Visibility of Stories
Users can create Work Stories or Personal Stories.
A Work Story is always published on an Organization’s Story Page, and is visible by anyone with access to the page. All users authorized for access to an Organization’s page will be able to access and interact with stories published on the page. A work story also shows up on the Personal Profile pages of the author and recipient(s), and will always be available for display on their profile pages even if the they are no longer affiliated with the organization.
A Personal Story is only visible on the Personal Profile pages of the people named. It does not get visibility on an organization's internal or public GoodSeeker page.
Public Stories - When a Work Story is published the author can tag it to be shared publicly by his or her organization. If approved by an organization’s administrator it will be posted to the organization’s Public Page hosted by GoodSeeker. I will also be accessible online through the link associated with the story, will have social sharing enabled on the story page, and will be indexed by search engines. When a Personal Story is tagged by the author for public sharing it will be immediately visible by the public. Individuals named in a personal story that is public can hide the story from public view.
Conditions for Use
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
To use the Services you must agree to the following:
- You are at least 14 years old for the United States,
- You will only provide true, accurate, current and complete information about yourself,
- If the provision of lawful Services to you allows for or restricts use below or above the age limited for the United States, you must comply with such laws,
- You will only have a GoodSeeker account established with your real name and linked to a valid and authorized email address or personal identity,
- You will not access Organizational Story Pages where you are no longer employed or affiliated unless given permission by the organization,
- You are not already prohibited by GoodSeeker from using the Services,
- You will choose a strong and secure password,
- You will keep your password confidential and will not share it with anyone else,
- You will not transfer any part of your account,
- You will adhere to all applicable laws,
- You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Services,
- You agree to allow current or former employers, contractors or affiliated organizations the right to promote Work Stories where you were the author or named in the story, including your name and profile picture.
- You will adhere to the ‘Use of Services' below and;
- You are responsible for anything that happens through your account unless you terminate it or report misuse.
If you link your GoodSeeker account to a social networking service and allow access to your account on such service ("Third Party Account"), you represent that you are entitled to grant GoodSeeker access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating GoodSeeker to pay any fees or making GoodSeeker subject to any usage limitations imposed by such third-party service providers.
By granting GoodSeeker access to any Third-Party Accounts, you understand that GoodSeeker may access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Services via your Account. Unless otherwise specified in this Agreement, all SNS Content shall be considered to be Your Content for all purposes of this Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or GoodSeeker's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services.
You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT (S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND GOODSEEKER DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. GoodSeeker makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and GoodSeeker is not responsible for any SNS Content.
Use of Services (Appropriate and Prohibited)
What you Will do:
- Use the Services in a professional manner.
- Provide us with accurate information about you and keep it up to date.
- Be respectful of other users and their content.
- Promptly report any instances of unacceptable behavior (the Will NOT list below) should you become aware of it.
What you Will NOT do:
- Anything unlawful, misleading, malicious, or discriminatory. Anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other feature functionality.
- Violate confidentiality, privacy, security, or trade secret policies of any current or previously affiliated organization. Disclose information that you do not have the right to disclose (such as confidential information of others, including your employer).
- Upload viruses or other malicious code.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof.
- Frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of GoodSeeker
- Rent, lease, loan, trade, sell/re-sell access to the Services or related information or data.
- Solicit login information or access an account belonging to someone else.
- Bully, intimidate, or harass any user.
- Post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- Collect users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- Upload, post, or transmit unauthorized commercial communications (such as spam).
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Services (including your Account), or access to or use of the Services;
- Market any goods or services for any business purposes. Copy or use the information, content or data of others available on the Services (except as expressly authorized).
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Access the Services except through the interfaces expressly provided by GoodSeeker.
- Override any security feature of the Services. Facilitate or encourage any violations of this Agreement or our policies.
False or disparaging information you share
The Services are based on creative works, opinion and ideas submitted by individuals and may include reference to other individuals and employer specific information. GoodSeeker is a tool for sharing truthful, attributable and positive stories about the workplace. Users who abuse GoodSeeker and its services by disparaging other users, non-users, or any entity or group may have all rights and access to the application eliminated. Any user who has concerns about a particular post or use of GoodSeeker can be send letter to email@example.com.
You agree and consent to electronic notices provided by us about the Services. These notices may encompass one or more means including an email sent to an address you provided, via banner or pop-up notice on the Service, or through other means including mobile number, telephone or mail.
Protecting Intellectual Property and Copyrights
User content responsibility
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials ("Content") accessible through the Services is the sole responsibility of the party from whom such Content originated. This means that you, and not GoodSeeker, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through the Services ("Your Content"), and other Users of the Services, and not GoodSeeker, are similarly responsible for all Content they Make Available through the Services ("User Content"). Your Content includes Content from a third party that you Make Available on the Services. You must have the right to add Content before you put such Content on our Service.
User consent for employer use of content
You accept that by creating an account you are granting any current or past employer permission to use your likeness in a photograph, video, or other digital media (“photo”) created through GoodSeeker on GoodSeeker.com, my.goodseeker.com, mobile applications, the organization's website, advertising of organization's use of GoodSeeker, web-based publications, newsletters, and review sites.
You irrevocably authorize current or past employers to edit, alter, copy, exhibit, publish, or distribute photos uploaded to the Service for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of photo.
You hold harmless, release, and forever discharge the the organization using photo obtained from your use of the Service from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on you behalf or on behalf of your estate have or may have by reason of this authorization.
Do not infringe on our rights
GoodSeeker and its licensors reserve all of its intellectual property rights within the Services, other than content you make available. GoodSeeker™ and other current or future GoodSeeker trademarks, service marks, logos, and graphics used in connection with the Services are trademarks or registered trademarks of GoodSeeker. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
You will not use distribute, display, disseminate, copy or otherwise reproduce copyrights, trademarks or any other intellectual property that uniquely identifies our Service and business (including the GoodSeeker name, color and style of associated Logos, color and style; phrases including Seek Good. Make Better™ and, Pay it Forward with a Story™; or any confusingly similar marks or terms, except as expressly permitted with our prior written permission.
You further agree not to distribute, display, disseminate, copy or otherwise reproduce any of the information in the Services, including content which we may not necessarily own but which has been licensed to us, without receiving our prior written permission.
Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own similar business.
Do not infringe on the rights of others
You agree that you will not post content or take any action on GoodSeeker that infringes or violates someone else's rights or otherwise violates the law. You agree that we can remove any content or information you post on GoodSeeker for any reason, including if we believe that it violates this Agreement or our policies. If you believe we removed your content for infringing someone else's copyright by mistake, we will provide you with an opportunity to appeal. You understand and agree that if you repeatedly infringe other people's intellectual property rights, your account will be closed.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
GoodSeeker has no obligation to post material that has been removed from its Services for any reason. If you believe that your material has been wrongfully removed for infringement on the rights of others you may appeal the action by sending an email to firstname.lastname@example.org. Your email must include:
- Your name
- Description of the content removed, including the story title if it is associated.
- The location within our services of the copy that was removed.
- A good faith statement of belief that use of the content described above is not an infringement on other's rights.
You grant us rights to use your content
GoodSeeker must be assured that it has the right to use the Content that is sent to its Services by its Users. Whenever Making Available content to our Services, you grant GoodSeeker a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same. If you want to publish Content of someone other than yourself, you must get permission from the individuals portrayed in the Content before using the content through our Services.
Please remember that even if you delete Your Content and terminate your use of the Services, GoodSeeker Users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that they have exported, downloaded, stored or shared through GoodSeeker. If you do not want Your Content used by other Users, you should not add it to the Services.
Unless expressly agreed to by GoodSeeker in writing elsewhere, GoodSeeker has no obligation to store any of Your Content that you Make Available on the Services. GoodSeeker has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You agree that GoodSeeker retains the right to create reasonable limits on GoodSeeker's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by GoodSeeker in its sole discretion.
We reserve the right to commercialize, and to include advertising in and around Your Content that has been made Public. This includes Stories approved to be Public by an organization administrator and Personal Stories made Public by an individual author. As we do not control any advertising, you hereby agree and acknowledge to the juxtaposition of any advertising around Your Content. In addition, you acknowledge and agree that you will have no right to any revenue or fees we may obtain or receive in connection with Your Content.
You agree that submission of any ideas, suggestions, documents, and/or proposals to GoodSeeker through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that GoodSeeker has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to GoodSeeker a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.
How to report a violation
We respect intellectual property rights of others. We require that information posted by users be accurate and not in violation of intellectual property rights or other rights of third parties.
We are registering a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. In the meantime if you believe that your copyright has been infringed, please send a message to email@example.com. This will be received by our to be Registered Agent.
The message must contain:
- Your name.
- The name of the party whose copyright has been infringed.
- The name and description of the work that is being infringed.
- The location within our Services of the copy in question.
- A good faith statement of belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A sworn statement, under penalty of perjury, that information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent: GoodSeeker, Inc. Attn: Copyright, 1775 Tysons Blvd., McLean, VA 22102
Since U.S. law does not provide for a similar procedure for trademark infringement. We recommend that you also use the process above with regard to any allegation of trademark infringement so we can address the matter as soon as we can.
Complaints regarding content
GoodSeeker does not review content provided by our users and we are not responsible or liable for the conduct of any GoodSeeker user. By using the Services you may encounter content that might be inaccurate, incomplete, delayed, misleading, illegal, inappropriate, offensive or otherwise objectionable. Users responsible for such content are in violation of our Use of Services and Conditions for Use clauses of this agreement and may result in having their account closed. If you believe a user has posted content that falls into one of these categories, please notify us at firstname.lastname@example.org.
GoodSeeker may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, GoodSeeker shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates this Agreement or any applicable law. Although GoodSeeker does not generally monitor user activity occurring in connection with the Services or Content, if GoodSeeker becomes aware of any possible violations by you of any provision of this Agreement, GoodSeeker reserves the right to investigate such violations, and GoodSeeker may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you. As a result of any investigation, we may label Your Content in the future as having possibly sensitive content and including a warning message with such Content.
The Services may contain links to third-party websites ("Third-Party Websites") and advertisements for third parties (collectively, "Third-Party Websites & Ads"). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of GoodSeeker. GoodSeeker is not responsible for any Third-Party Websites & Ads. GoodSeeker provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Changes to the Agreement
From time to time we may amend this Agreement and will update this page accordingly. You must read this page each time you use our Service, and your continued use of our Service constitutes your acceptance of any such amendments. If you don't agree to these amendments, you must stop using the Services.
GOODSEEKER (AND THOSE THAT GOODSEEKER WORKS WITH TO PROVIDE THE SERVICES) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES.
USE OF THE SERVICES IS AT YOUR OWN RISK AND ARE PROVIDED ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE."
WE DO NOT CONTROL OR DIRECT USERS' ACTIONS ON GOODSEEKER AND ARE NOT RESPONSIBLE FOR THE CONTENT OR INFORMATION USERS TRANSMIT OR SHARE ON OUR SERVICE. WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER WHILE USING THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
GOODSEEKER DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOODSEEKER OR THROUGH THE GOODSEEKER PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
GOODSEEKER DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR.
TO THE EXTENT PERMITTED LAW, GOODSEEKER EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
Limit of Liability
TO THE EXTENT PERMITTED UNDER LAW GOODSEEKER AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "GOODSEEKER PARTIES") SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES SUCH AS LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS, OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.
You hereby release GoodSeeker Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Services.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ?1542, WHICH SAYS: "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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
IN NO EVENT SHALL THE LIABILITY OF THE GOODSEEKER PARTIES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT OF TEN DOLLARS (US $10.00).
YOU AND GOODSEEKER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE GOODSEEKER PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THIS LIMITATION OF LIABILITY IS A CORE COMPONENT OF THE AGREEMENT BETWEEN YOU AND GOODSEEKER AND SHALL APPLY TO ALL CLAIMS OF LIABILITY AND EVEN IF GOODSEEKER HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
GOODSEEKER PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THESE LIMITS MAY NOT APPLY TO YOU IF YOUR LOCAL LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
You agree that you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claims by you or any third party which may arise from, or relate to, this Agreement or the provision of our Service to you. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
The laws of the Commonwealth of Virginia, consistent with the Federal Arbitration Act, will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
We do not currently charge fees for the use of any component of the Services or any features thereof, but we reserve the right to do so in the future.
We may terminate your account or access to the GoodSeeker Service at our discretion without explanation. If termination or cancellation was due to your breach of this Agreement, you agree that we are not required to provide any refund or other compensation whatsoever. For cases where the termination or cancellation was NOT due to your breach of this Agreement, our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services that have not yet been and will not be delivered. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
Assignment and Transfer
We may assign or transfer this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Services. There are no third party beneficiaries to this Agreement.
This is the entire Agreement between you and GoodSeeker for your use of the Services and supersedes any prior agreements between you and GoodSeeker regarding your use of the Services.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, GoodSeeker shall have the sole right to elect which provision remains in force.
GoodSeeker reserves all rights afforded to us under this Agreement all applicable law. Our non-enforcement of any particular provision or provisions of this Agreement (or any applicable law) shall not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
GoodSeeker shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Where GoodSeeker requires that you provide an e-mail address, you are responsible for providing GoodSeeker with your most current e-mail address. In the event that the last e-mail address you provided to GoodSeeker is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, GoodSeeker's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to GoodSeeker at the following address: Attn: Legal. 8300 Greensboro Dr. L1-161, Mclean VA 22102. Such notice shall be deemed given when received by GoodSeeker by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with GoodSeeker and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by GoodSeeker that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and GoodSeeker, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to GoodSeeker should be sent to: Attn: Legal. 8300 Greensboro Dr. L1-161, Mclean VA 22102. After the Notice is received, you and GoodSeeker may attempt to resolve the claim or dispute informally. If you and GoodSeeker do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and GoodSeeker, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GoodSeeker.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and GoodSeeker in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GOODSEEKER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with GoodSeeker.
- Small Claims Court. Notwithstanding the foregoing, either you or GoodSeeker may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Virginia, for such purpose.
Last modified: February 11, 2017