GoodTree terms of service

Welcome! We sincerely hope that you will use GoodTree, and that together, we can make a big difference in the world.

Our Terms of Service govern your use of the GoodTree websites and services (the "GoodTree Services"), and are intended to protect users from those few individuals who choose to act in an inappropriate manner. By using the GoodTree Services, you agree to be bound by the following terms and conditions (the "Terms of Service"). You must be at least 13 years old to use any of the GoodTree Services.

Privacy Policy

For information on how GoodTree handles information which you may provide during your use of the GoodTree Services, please review our Privacy Policy located at: http://www.goodtree.com/about/privacy

Third Party Content

The websites and other content which may be displayed as search results, or which may be linked by search results provided by the GoodTree Services are provided by third parties over which GoodTree has no control (the "Third Party Content"). The search results provided by the GoodTree Services are the result of an automated process in response to your search query, and GoodTree cannot and does not screen such search results or their related content. As a result, Third Party Content displayed as search results or reached via search results may include inaccurate, misleading, offensive, inappropriate, harmful or unlawful material. GoodTree has no control over, and assumes no responsibility for any Third Party Content, nor the privacy policies or other practices of any third party website.

GoodTree Content

The contents of the GoodTree websites, other than Third Party Content, along with any associated software (collectively, the "GoodTree Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of GoodTree and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any GoodTree Content.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating the GoodTree Content.

Content You Submit

While GoodTree makes no claim of ownership with respect to content you upload or otherwise make available on the GoodTree Services, by providing such content you grant to GoodTree a worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, publicly perform and publicly display such content on the GoodTree websites for the purposes of providing the GoodTree Services.

GoodTree reserves the right to remove any content you provide, and terminate any accounts containing content, which content we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Member Account Security

If you chose to register for a GoodTree account, you will be provided a password and user name during registration. Please protect the confidentiality of your password, as you are responsible for all activities that occur under your user name and password. You agree that you will immediately notify GoodTree of any unauthorized use of your account or password.

Your Use of the GoodTree Services

You agree not to use any GoodTree Service to:

  • commit any crime or further any illegal or unauthorized purpose;
  • sell a product or service, or to drive traffic to your website;
  • copy, distribute, sell or otherwise exploit any aspect of the GoodTree Services for any commercial purposes;
  • copy, distribute, translate or modify the content available on the GoodTree Services nor modify another website so as to falsely imply that it is associated with GoodTree;
  • create or submit unwanted email through GoodTree ("Spam");
  • transmit any worms or viruses or any code of a destructive nature through GoodTree;
  • send automated requests to our site or software, including, but not limited to, meta-searching and software bots or using people that impersonate normal users in order to drive up clicks - known as "click fraud"; or
  • upload, email, or otherwise make available on any GoodTree Service any content that infringes upon any proprietary rights of a third party, such as copyrights, or that is otherwise illegal, harmful, abusive or otherwise objectionable.

Your violation of any of sections a through h, above will result in the termination of your GoodTree account.

GoodTree will respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any Third Party Content and you want GoodTree to remove such content from its search results, you must provide GoodTree with the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
  • information reasonably sufficient to permit GoodTree to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to GoodTree' designated agent at:

GoodTree Privacy
c/o GoodTree Inc
703 Market Street, Suite 470
San Francisco, California 94103
copyright@goodtree.com

Indemnification

You agree to indemnify and hold GoodTree and its parent, subsidiaries, affiliates, partners and licensors, and their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GoodTree Services, any content you submit or otherwise make available through the GoodTree Services, or your violation of these Terms of Service or of any rights of a third party.

No Warranty

THE GOODTREE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GOODTREE SERVICES ("MATERIALS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE GOODTREE SERVICES OR THE MATERIALS IS AT YOUR DISCRETION AND AT YOUR OWN RISK. THE GOODTREE SERVICES AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GOODTREE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, OPERABLE OR CORRECT; THAT THE GOODTREE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR WILL BE UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GOODTREE SERVICE ARE DOWNLOADED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER HARM THAT RESULTS FROM SUCH DOWNLOAD.

GOODTREE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION OR ADVICE RECEIVED THROUGH, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GOODTREE SERVICES OR ANY LINKS PROVIDED BY THE GOODTREE SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

GoodTree and its licensors disclaim any responsibility or liability for (i) the content, accuracy, lawfulness or availability of any material contained in any search results provided by the GoodTree Services; (ii) the security, storage, delivery or failure to deliver any material; and (iii) any harm that results from your access to any material on the Internet through the GoodTree Services.

IN NO EVENT SHALL GOODTREE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR USE, MISUSE OR RELIANCE UPON ANY GOODTREE SERVICES OR DAMAGES RELATED TO OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH THE GOODTREE SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GOODTREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Sole Remedy

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE GOODTREE SERVICES OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE GOODTREE SERVICES.

Termination

You acknowledge and agree that GoodTree may, without notice and for any reason, including but not limited to any violation of these Terms of Service, terminate your GoodTree account, any related email address, and your access to any GoodTree Services.

Miscellaneous Provisions

You agree that:

  • these Terms of Service and the GoodTree Privacy Policy will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions;
  • these Terms of Service constitute the entire agreement between you and GoodTree with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter;
  • the GoodTree websites shall be deemed passive websites that are solely based in California and that your use thereof does not give rise to personal jurisdiction over GoodTree, either specific or general, in jurisdictions other than California.
  • you and GoodTree agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
  • if any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
  • no waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and GoodTree’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Changes to these Terms of Service or the GoodTree Services

GoodTree may modify these Terms of Service at any time and without notice, so please review them periodically so that you are aware of any such modification.

GoodTree reserves the right to modify or terminate the GoodTree services or any user account for any reason, at any time and without notice.