Welcome to the GoTo Services (as further defined below). The GoTo Services are made available to you by GoTo.com, Inc. (“GoTo”). Please read these Terms of Service carefully. By using the GoTo Services, you agree to these terms. If you do not agree to these terms, you may not access or use the GoTo Services.
"You" and "your" (in lower or upper case) refer to you, as a user of the GoTo Services. "We," "us," "our," and “GoTo” refer to GoTo.
The GoTo platform, available at www.goto.com, enables and encourages users to create their own Collections (as defined in the next sentence) of results and content on any topic and for users to search for, and interact with such Collections (the “GoTo Services”). “Collections” are multiple pieces of Content (or links to such Content) that are organized by you about a given subject utilizing the GoTo Services and, depending on the settings you establish for such Collections, that may be responsive to one or more keywords inputted in a user search. We hope you enjoy using the GoTo Services.
Use of Our Service
You acknowledge that GoTo owns all right, title and interest in and to the GoTo Services, including without limitation, all underlying software and technology and all Intellectual Property Rights in relation to the GoTo Services, other than what may be owned by third parties. “Intellectual Property Rights” means any and all intellectual property rights existing from time to time in any part of the world under applicable law, including without limitation patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide.
GoTo grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided to you as part of the GoTo Services for your use of the GoTo Services solely to the extent permitted under these Terms of Service.
Please obey all policies we publish and make available relating to the GoTo Services. You may use the GoTo Services only as permitted by law, including any applicable export and re-export control laws and regulations.
With respect to the GoTo Services, you are not allowed to: (i) misuse the GoTo Services; (ii) collect other users' information; (iii) access the GoTo Services using automated means, including but not limited to, harvesting bots, robots, spiders, or scrapers; (iv) upload viruses or other malicious code; (v) solicit login information or access an account belonging to someone else; (vi) do anything that could disable, overburden, or impair the proper working or appearance of the GoTo Services, such as a denial of service attack or interference with page rendering or other functionality of ours; (vii) use the GoTo Services to do anything unlawful, misleading, malicious, or discriminatory; (viii) modify, reproduce, download, store, distribute, publish, license, or create derivative works from the GoTo Services or from any of the GoTo Content (as defined below) that is part of the GoTo Services; (ix) use any third-party APIs, software, tools or scripts to access or modify the GoTo Services or underlying technology, unless expressly authorized in writing by GoTo.
We may suspend or stop providing the GoTo Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
There are separate additional restrictions and rights regarding Content (as defined below). Please see “Content”.
You may need an Account to participate in some of the GoTo Services, including for instance making a Collection (as defined below) or for other interactions. An “Account” is created by providing a username and password and gives you, among other things, an ability to create and store Collections, create and store your user profile, and receive information from us.
If you create an Account, you represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are thirteen (13) years of age or older; and (iv) your use of the GoTo Services does not violate any applicable law or regulation. Your Account may be deleted without warning if we have reason to believe that you do not meet these eligibility requirements. We reserve the right to close your Account at any time for any or no reason.
When you sign up to create an Account, you will be required to submit an email address as your username and you will be asked to choose a password. You may also sign in using your Facebook account. You are responsible for all activity that happens on or through your Account and for maintaining the confidentiality of your email account and your password and/or your Facebook account information. You agree not to use the Account, username, email or password of any other GoTo user. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You should not use the password on this Account with any other application or website. If you learn of any unauthorized use of your password or Account, please contact us at support at goto dot com.
If you have an Account, you may include a photo in your profile. We may display on the GoTo Services (and you agree we can display) your profile name, profile photo, if available, and actions you take on the GoTo Services, including but not limited to, as part of any Collection you make.
You will not provide any false personal information on your Account, or create an Account for anyone other than yourself without permission.
You will not create more than one Account. You can, however, have more than one “GoTo Hat” in your Account, which enables users to see different personas that you bring to certain of your Collections.
You will not transfer your Account to anyone without first getting our written permission.
If you select a username for your Account or profile, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
You understand that termination of these Terms of Service and/or your Account may involve deactivation of your information in your Account from our live databases without the ability to reactivate or restore features of the Account, but that our servers may maintain certain information for archival or legal purposes. We will not have any liability whatsoever to you for any deactivation of your Account or related deletion (or retention) of your information.
The GoTo Services contain different types of Content. They are: (i) Content that we own or control that we have placed on and within the GoTo Services, including our works of authorship, our logos, trademarks and all other Intellectual Property Rights we control (“GoTo” Content”); (ii) Content that third parties (other than users) provide us (“Third Party Content”); and (iii) Content provided by users who add, post, upload, submit, or otherwise make available, to the GoTo Services any type of Content or aggregation of Content through their Account (“User Content”), subject to Section 5b. Each type of Content has different rules and restrictions, as set forth below in this Section 5. “Content” means any and all links, text, images, photos, videos, sounds, postings, messages, recommendations, comments, files, feedback, bug reports, or other materials and works of authorship.
As between you and GoTo, you own your User Content that you publish or post or otherwise provide to the GoTo Services. We do not claim ownership in any User Content. User Content does not include any affiliate or third party links you may incorporate into your User Content. You understand that GoTo may overwrite such links. As between GoTo and you, GoTo owns or controls all right, title and interest in the GoTo Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, compilations of all types of Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the GoTo Services excluding User Content and Third Party Content.
You acknowledge and agree that any and all User Content you include in your Collections (as defined below) that you share with the public, means that you are allowing everyone to access and use that information, and to associate it with you (i.e., your name and profile picture).
You agree that you will not post or share through the GoTo Services any Prohibited Content. “Prohibited Content” includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) is libelous, defamatory, threatening, harasses or advocates harassment of another person, including but not limited to content that may be deemed bullying or intimidating in nature; (iii) is hate speech, incites violence; (iv) is obscene, pornographic or contains nudity or graphic or gratuitous violence (v) is unlawful multi-level marketing, such as a pyramid scheme, (vi) is anyone's identification documents or sensitive financial information (vii) is unlawful, or otherwise fraudulent; (viii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing or “spamming”; (ix) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (x) infringes the Intellectual Property Rights of another person; (xi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under age of thirteen (13); (xii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or (xiii) is otherwise objectionable, or violates applicable law, the terms of these Terms of Service or potentially creates liability for GoTo. You acknowledge that you may be exposed to liability if you use any Prohibited Content. Any Accounts posting, collecting or recommending Prohibited Content are subject to termination. We reserve the right to remove Prohibited Content or links to Prohibited Content. We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates these Terms of Service or which is Prohibited Content, or may otherwise violate the rights, harm or threaten the safety of any user or any other person, or create potential liability for us or any user.
By posting, submitting, uploading or otherwise providing User Content to the GoTo Services (whether in a Collection or other interactive features of the GoTo Services), you hereby grant to us an unrestricted, freely-transferable, fully-assignable, sublicenseable irrevocable, perpetual, non-exclusive, fully-paid and royalty-free worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, translate, remove, analyze, commercialize, publish, perform, publicly perform, display, publicly display, create derivative works of, reformat, and distribute your User Content in any and all media or distribution method (now known or later developed) throughout the world, with or without accompanying advertising. You irrevocably waive, and cause to be waived, against GoTo and its users any claims and assertions of moral rights or attribution with respect to Your Content.
The licenses granted under this Section will survive the termination or expiration of these Terms of Service for any reason.
This license in this Section 5, ends when you delete your User Content or your Account unless your User Content has been shared with others, and they have not deleted it, in which case, the license granted herein shall survive. With respect to your User Content that has not been shared, you acknowledge and understand that when you request such Content to be deleted, that it is deleted in a manner similar to emptying the recycle bin on a computer, and that backup copies may persist for a reasonable period of time.
You are solely responsible for any and all User Content that you post on the GoTo Services and for your interactions with other users. Once published, your User Content may not always be withdrawn. You should only post User Content to the GoTo Services that you own and that you are comfortable sharing with others under the terms and conditions set forth herein. You may not post a photograph or video of another person without that person’s permission. You assume all risks associated with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You may not imply that your Content is in any way sponsored or endorsed by GoTo. You represent and warrant that: (i) you own the User Content posted by you on the GoTo Services or otherwise have the right to grant the licenses set forth in these Terms of Service, and (ii) your User Content and the use of it by GoTo as permitted by the license granted in these Terms of Service does not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person.
On the GoTo Services, you may create Collections. Collections may include your User Content and/or Third Party Content and/or GoTo Content. If it becomes aware, GoTo may modify, replace, or delete an element, or any component or text of a Collection for clarity or classification. GoTo may provide Content Templates to help organize and create a Collection, which will be provided to you in your Account and are ways to better present Collection. As between the parties, GoTo owns all Content Templates.
Except for User Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under these Terms of Service, you agree not to (i) modify, copy, translate, remove, analyze, commercialize, publish, perform, publicly perform, display, publicly display, exploit, sell, or create derivative works based on any component of, or all of, the GoTo Services; (ii) rent, lease, loan or sell access to the GoTo Services; or (iii) decompile, reverse engineer or copy any intellectual property, including but not limited to any software, Content or the GoTo Services. Use of the GoTo Services does not give you ownership of any Intellectual Property Rights in the GoTo Services or any of the Content you may access, including, but not limited to, any User Content not posted or published by you, any Third Party Content and/or any GoTo Content. You also agree to not use, remove, obscure or alter GoTo’s or a third party’s copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the GoTo Services. You may not remove any advertising or branding presented with any Content. You will not interfere with, disrupt or create an undue burden on the GoTo Services or the networks or services connected to the GoTo Services.
We do not review, filter or otherwise exercise control over Third Party Content or User Content. Accordingly, you agree that we are not responsible for any Third Party Content and/or User Content, including Third Party Content and/or User Content that may incorporate advertising and/or information about other third-party products or services. We make no guarantees about the accuracy, currency, suitability, quality or legality of the information in such Third Party Content and/or User Content, and we assume no responsibility for unintended, inappropriate, obscene, objectionable, inaccurate, misleading or unlawful Third Party Content and/or User Content or for any Third Party or User Content that is Prohibited Content. We are not responsible for the conduct, whether online or offline, of any user of the GoTo Services. GoTo is not responsible for Third Party Content that contains or delivers viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies.
We can remove any content or information you post on the GoTo Services if we believe that it violates these Terms of Service or any of our policies.
You will not post content or take any action on the GoTo Services that infringes or violates someone else's rights or otherwise violates the law.
Please read our Copyright Policy, which is incorporated and made a part of these Terms of Service.
GoTo reserves the right to change these Terms of Service from time to time. We will usually inform you of any changes by posting the updated Terms of Service on the GoTo Services. You should look at these Terms of Service regularly. If we make any material changes to these Terms of Service, we will post a notification on the GoTo Services. Your continued use of the GoTo Services after the time the changes are communicated as set out in this section will indicate your acceptance of the Terms of Service, including those changes. If you do not agree with the changes, you should discontinue use of the GoTo Services. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
GoTo may terminate, suspend or deactivate your access to all or any part of the GoTo Services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the GoTo Services at any time, provided that all provisions of these terms, which by their nature should survive termination, shall survive termination, including but not limited to, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranties and Disclaimers
THE GOTO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” ONLY. YOU AGREE THAT USE OF THE GOTO SERVICES AND/OR YOUR ACCESS, VIEW OR USE OF ANY OF THE CONTENT SHALL BE AT YOUR SOLE RISK. NEITHER GOTO NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE GOTO SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, GOTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO THE GOTO SERVICES OR ANY OF THE CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, GOTO DISCLAIMS ALL WARRANTIES REGARDING THE GOTO SERVICES AND ANY OF THE CONTENT AND MARKS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, TITLE, SUITABILITY, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE GOTO SERVICES OR OTHERWISE. GOTO DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, QUALITY AND PERFORMANCE OF ANY OF THE CONTENT AND/OR GOTO SERVICES. GOTO DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USING, VIEWING OR ACCESSING OF ANY CONTENT AND USE OF THE GOTO SERVICES. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY OR DAMAGES TO YOU, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR VIEWING OR USING OR ACCESSING THE CONTENT AND USE OF THE GOTO SERVICES. GOTO MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE GOTO SERVICES WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE GOTO SERVICES RELY UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, IF AVAILABLE. GOTO MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE SAFE, SECURE, OR ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND GOTO SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR CONTENT WITHOUT YOUR AND/OR GOTO’S AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO CONTENT DELIVERED THROUGH STREAMING TECHNOLOGY. FURTHER, GOTO DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE GOTO SERVICES OR ANY HYPERLINKED WEBSITE OR CONTENT, OR SERVICE OR CONTENT INCLUDED IN ANY BANNER OR OTHER ADVERTISING (OR LINKED TO FROM SUCH ADVERTISING), AND GOTO WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOTO NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE GOTO SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
IN NO EVENT SHALL GOTO OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) OR FOR ANY DAMAGES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE GOTO SERVICES, THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE TERMS OF SERVICE, AND/OR THE USE, ACCESS OR VIEWING OF ANY CONTENT, PRODUCTS OR GOTO SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE GOTO SERVICES (INCLUDING BUT NOT LIMITED TO, GOTO CONTENT, THIRD PARTY CONTENT, USER CONTENT AND GOTO MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF GOTO OR ITS REPRESENTATIVES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOTO ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY GOTO CONTENT, THIRD PARTY CONTENT AND/OR USER CONTENT; PROHIBITED CONTENT OR ANY UNAUTHORIZED CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE GOTO SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE GOTO SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GOTO WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GOTO WEBSITE OR SERVICES BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE GOTO SERVICES OR ANY CONTENT, INCLUDING ANY GOTO CONTENT, THIRD PARTY CONTENT AND/OR USER CONTENT, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE GOTO SERVICES.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, GOTO’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
You hereby release us, our Representatives, investors, and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death economic, and/or property damage, that is either directly or indirectly related to or arises from (i) any interaction you have with other users or any Content, or (ii) your participation in any of the GoTo Services.
If you are a California resident, you hereby waive California Civil Code Section 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.”
You agree to defend, indemnify and hold GoTo and its Representatives, investors and successors, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your Account, access to or use of any Content or the GoTo Services or your violation of these Terms of Service.
You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Service or GoTo exclusively in the U.S. District Court for the Southern District of California or a state court located in Los Angeles County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern these Terms of Service as well as any claim that might arise between you and us, without regard to conflict of law provisions.
In order to cooperate with legitimate government or regulator requests, subpoenas or court orders, to protect our systems and users, to protect the property and rights of GoTo or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, any Account information (i.e. name, e-mail address, etc.), IP address, traffic information, usage history and any Content.
These Terms of Service make up the entire agreement between the parties regarding GoTo and the GoTo Services, and supersedes any prior agreements. If any portion of these Terms of Service is found to be unenforceable, the remaining portions will remain in full force and effect. If we fail to enforce any section of these Terms of Service, it will not be considered a waiver. Any waiver of these Terms of Service must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our consent. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms of Service shall prevent us from complying with the law. These Terms of Service do not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing GoTo. If you reside outside the United States, you consent to having your personal data transferred to and processed in the United States. You will not use the GoTo Services if you are prohibited from receiving products, services, or software originating from the United States.
Last Revised: March 1, 2017