Terms of Use

Preamble

Terms of Use

These “Terms of Use” apply to www.gotaclassaction.com website and its services (“GACA”). Questions regarding the Terms of Use should be directed Michael Braun via email at mdb@gotaclassaction.com.

BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Use govern your use of Site and all services provided in connection with Site. GACA shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Use, please do not enter or use the Site.

You certify to GACA that you are an individual at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site.

GACA requires that any information posted by you regarding a company is truthful, factual, and represents an actual incident. Companies are protected by law from false claims against them. Your complaint could be construed as a claim about a company and may be subject to libel laws. Please verify that all information submitted is accurate and factual.

As a user of the Site, you acknowledge that GACA does not pre-screen or edit user authored content but that GACA and its designees shall have the right, (but not the obligation) in their sole discretion, to edit or move any content that is available via the Site. Without limiting the foregoing, GACA and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy and completeness of such content. You acknowledge that GACA may preserve your content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the TOS, or (c) respond to any claims that the content violates the rights of third parties.

GACA reserves the right to modify these TOS at any time and from time to time, and without prior notice, by posting amended Terms of Service at the Site. Your continued use of the Site after the posting of any such amended Terms of Service will indicate your acceptance of the amended Terms of Service.

GACA allows users to post complaints on the website as a means of relating a personal experience by that consumer to others. Accordingly, posted complaints should describe a personal, firsthand experience. It is the responsibility of a message author to determine if they are not allowed to discuss the subject of their complaint prior to posting a message to GACA.

GACA is platform that provides information to consumers and a vehicle by which consumers may help themselves by reaching out to other consumers who may have similar experiences.

GACA assumes that the consumer has a positive intent in writing their message, in helping themselves, in helping other consumers, in helping the subject business provide a better product or service.

GACA does not edit or censor posted messages or investigate them for accuracy.

GACA assumes no responsibility for posted messages. The messages posted to GACA are only the opinions of authors. The complaints do not represent the opinions of GACA.

GACA does not knowingly allow incorrect or factually incorrect information to remain posted. If GACA determines that a posting is factually incorrect it reserves the right to remove and delete such post.

To the extent a user wishes to contact GACA directly about a personal experience or as a comment on another post, there are multiple places on the site to do so. They are clearly marked “information will not be published.”

By submitting a complaint, you grant the owner of this site, GACA, the irrevocable, transferable, worldwide right to use, reproduce, and display any such information for any purpose commercial or otherwise without compensation to any party.

As a condition of your use, you guarantee to GACA that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

The Service is provided to individuals only and for personal use only. You agree to use the Service only to post (send) and view (receive) personal messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

Opinions, advice, statements, offers, or other information or content made available through GACA are those of their respective authors and not of GACA, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. GACA does not guarantee the accuracy, completeness, or usefulness of any information posted on GACA and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will GACA be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on GACA.

As a user of GACA, you agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your name or email, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
  • Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, racist, indecent or unlawful material or information.
  • Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Advertise or offer to sell or buy any goods or services.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
  • Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • Interfere with or disrupt networks connected GACA or violate the regulations, policies or procedures of such networks.
  • Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.
  • to impersonate any other person or entity, whether actual or fictitious.
  • to post or use Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
  • Access the Service for the purpose of data mining or extracting content from the Service beyond your personal end use.
  • Harm minors in any way;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • Interfere with or disrupt, or attempt to interfere with or disrupt, the Site or the Services or servers or networks connected with the Site and the Services, or disobey any requirements, procedures, policies, or regulations of networks connected with the Site or the Services;
  • Use manual or automated software, devices, or other processes to “crawl” or “spider” any pages at the Site is strictly prohibited;
  • Frame” or otherwise simulate the appearance or function of the Site;
  • Take any action that interferes with the proper working of or places an unreasonable load on GACA’s infrastructure;
  • Engage in any activity that interferes with any third party’s ability to use or enjoy the Site or the Services;
  • Engage in deceptive marketing or advertising practices; or
  • Assist any third party in engaging in any activity prohibited by this Agreement.

GACA has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, GACA reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You shall remain solely responsible for the content of your postings on GACA. While we do not and cannot review every message posted by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.

Indemnification

You will defend, indemnify, and hold harmless GACA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of GACA, including, but not limited to, any breach by you of the terms of use.

GACA will immediately terminate and ban any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk e-mail.

GACA may terminate and ban your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

In case if a court defines that a consumer complaint constitutes libel or defamation, the mentioned consumer would be held legally responsible for damages to the reputation of the business, mentioned in complaint. Under federal law (the Communications Decency Act) GACA is not legally responsible for the complaints that are posted, even if those complaints contain remarks that are defamatory. However, the mentioned law does not protect the person who posted the complaints from the responsibility for the posted complaints.

Privacy Policy

In the process of posting a complaint or a comment, GACA collects personally identifiable information such as your name, e-mail address, zip code, telephone number or other such information that can be used to identify or contact you. GACA offers email anonymity and will not share your email address nor any other personally identifiable information . Only information you choose to make public in the form of a complaint or comment will be made public.

In addition to Personally Identifiable Information you provide at registration or by using the service, we collect the following information:

  • Postings’ content. When you place a post or on the Site, we collect a variety of information related to that post. The public will see any information that you include in your post, and as such, GACA has no control over how this information will be used. For that reason, please think carefully about what Personally Identifiable Information you disclose in your post. You can always edit your posts by contacting our editors.
  • “Anonymous Information” such as your IP address, the type of browser you use, the pages on our Site that you visit. This information is used to help us diagnose problems, administer the site and otherwise improve our service to you.

We may use the information you disclosed to us to:

  • Provide our services to you.
  • Provide customer service to you.
  • Prevent potentially prohibited or illegal activities.
  • Enforce our Terms of Use.
  • Automatically scan messages to check for spam, fraud, phishing attacks and other malicious activity or illegal or prohibited content.

GACA may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:

  • Respond to a legal process (e.g., subpoenas, court orders).
  • Respond to claims that a listing or content violates the rights of third parties.
  • Enforce our Terms of Use.
  • Protect the rights, property or personal safety of GACA, its users or the general public.

Disclaimer

GACA makes no representations or warranties about the use, applicability, or performance of the Services or Content made available on the Site. GACA has no special relationship with or fiduciary duty to you. No attorney client relationship is created between you and GACA. You acknowledge that GACA has no control over, and no duty to take any action regarding: which users gain access to the Site; what content you access via the site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release GACA from all liability for your having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. GACA makes no representations concerning any content contained in or accessed through the Site, and GACA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. YOU ACKNOWLEDGE THAT THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GACA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GACAMAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES PROVIDED BY GACA. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): GACA MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against GACA with respect to such sites.

GACA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE OR SERVICES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF GACAHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GACA SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF GACA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SERVICES OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT IS GACA LIABLE TO YOU UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE FOR AN AMOUNT IN EXCESS OF U.S.$100.

Applicable Law

These TOS shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. You and GACA agree that the United States District Court for the Central District of California and/or the California Superior Court for the County of Los Angeles shall have exclusive jurisdiction over any dispute between you and GACA relating in any way to the GACA service or website or these TOS. You and GACA expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Remedies for Breach

In the event that GACA determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Site, GACA reserves the right to (i) warn you via e-mail that you have violated these Terms of Service, (ii) delete any content provided by you or your agent(s) to Site, (iii) delete all content provided by you to Site, (iv) discontinue your registration with Site and/or any other GACA community, (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (vi) take any other action which GACA deems to be appropriate.

Termination

GACA reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service or (ii) your registration with or ability to access Site and/or any other service provided to you by GACA including any e-mail account upon any breach by you of the Terms of Service.

By using the Site and/or the Service, you do not acquire any rights to the Site and/or the Service other than a license to use it that can be terminated at any time in accordance with this Section. You agree that GACA, in its sole discretion, may terminate (to the extent applicable) your password, account (or any part thereof) or access to or use of the Service or the Site, and remove and discard any Content within the Service, for any reason if GACA believes that you have violated or acted inconsistently with the letter or spirit of these TOS. GACA may also in its sole discretion and at any time discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that GACA may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GACA shall not be liable to you or any third-party for any termination of your access to the Service.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Services (“Submissions”) provided by you are non-confidential and shall become GACA’s sole property.  GACA will own exclusive rights (including all intellectual property rights) in and to, and will be entitled to unrestricted use and dissemination of, each such Submission provided by you for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Your Representations and Warranties

By accessing the Site or using the Services, you represent and warrant that (i) all information, and any subsequent updates thereto, that you or any person authorized by you submits to us is truthful and accurate; (ii) you, or a person authorized by you, will maintain the accuracy of such information; (iii) you are 18 years of age or older; (iv) you own the Content posted by you at or through the Site or otherwise have the right to grant the licenses regarding said Content set forth in this Agreement; (v) the posting of your Content at or through the Site does not, and will not, violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (vi) your use of the Site or the Services otherwise does not, and will not, violate any applicable law, rule or regulation.