Terms Of Use

Welcome to GOTRIbal! By accessing and using www.gotribalnow.com (the “Web Site”), you are agreeing to be legally bound by these Terms of Use.

1. GENERAL.

By using the Web Site, you are representing to GOTRIbal LLC (“GOTRIbal”) that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing this Web Site). You may not use the Web Site for any unlawful purpose. GOTRIbal may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access the Web Site, before you begin using the Web Site. You may print a copy of these Terms of Use for your reference.

You understand and agree that GOTRIbal may discontinue or change the Web Site at any time, without notice. You also understand and agree that GOTRIbal may discontinue or restrict your use of this Web Site for any reason without notice.

2. COPYRIGHT AND LIMITATIONS ON USE.

The content displayed on the Web Site, other than content provided by you, (the “Content”) is the property of GOTRIbal or its licensors, and is protected by copyright and other intellectual property laws. This Web Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, translate, create derivative works based upon or store any Content from the Web Site. Except for the linking rights set forth below, you also agree not to distribute, transmit, broadcast or circulate any Content from the Web Site to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of GOTRIbal, with this one exception:

You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the phrase “Used with permission by www.gotribalnow.com, a web site from GOTRIbal LLC.” However, you may not post any Content from the Web Site to forums, newsgroups, mail lists, electronic bulletin boards or other web sites, without the prior written consent of GOTRIbal. To request consent for other matters, you may contact GOTRIbal by visiting the “Contact Us” page.

The Web Site includes facts, views, opinions and recommendations of consultants, individuals and organizations deemed of interest. GOTRIbal and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations.

You own all of the content and information you post on the Web Site. For content that is covered by intellectual property rights, like photos and videos (“Your IP content”), you specifically give GOTRIbal a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Web Site (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3. DISCLAIMER OF WARRANTIES AND LIABILITY.

Due to the number of sources from which the Content (including Your Content and the content of other users) is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. GOTRIBAL AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF, AND GOTRIBAK HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER GOTRIBAL NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT ON THE WEB SITE. IN NO EVENT WILL GOTRIBAL, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. GOTRIBAL AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4. LINKS TO THIRD PARTY SITES.

This Web Site contains hyperlinks to web sites operated by persons other than GOTRIbal, including sites of other users. Such hyperlinks are provided for your reference and convenience only. You agree not to hold GOTRIbal responsible for the content or operation of such web sites. A hyperlink from this Web Site to another web site does not imply or mean that GOTRIbal endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Web Site.

If you wish to make purchases from an area of the Web Site or a “co-branded” web site operated by a person other than GOTRIbal (a “Co-Branded Site”), you may be asked by the merchant or operator of the Co-Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card or other payment mechanism information. You agree not to hold GOTRIbal liable for any loss or damage of any sort incurred as a result of any such dealings with any Co-Branded Site or merchant or operator of the Co-Branded Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Co-Branded Site will contain a description of the site’s privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.

5. ADDITIONAL LEGAL TERMS.

These Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the State of California, as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding this Web Site and its Content, and supersede any prior or contemporaneous communications between GOTRIbal and you regarding this Web Site and its Content.

6. FORUMS.

Certain areas of this Web Site enable you to access online forums where you can post messages and read messages posted by other users (the “Forums”). Some of the Forums topics are selected by GOTRIbal and others are created by users. GOTRIbal does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, whether the topic is first selected by GOTRIbal or a user. The Forums are a free service provided to users of GOTRIbal. By posting or reading a message in the Forums, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums.

You agree to be fully responsible for your own postings and agree to access and use the Forums at your own risk on an as-is basis. While GOTRIbal has no obligation to monitor the Forums, it may, from time to time, monitor the Forums to determine whether postings comply with these Terms of Use, to guide the discussion on the Forums or for other reasons. GOTRIbal cannot and does not guarantee that it will post or continue to post every message or other content you or other users submit to the Forum. Also, GOTRIbal reserves the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in GOTRIbal’s sole discretion.

You must abide by the following rules in connection with your use of the Forums:

  • You agree to post only messages that relate to the subject matter of the Forum.
  • You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • You agree not to impersonate any person or entity, including, for example, a GOTRIbal employee or officer or a Forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others, and to limit your quotations to no more than 50 words.
  • You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files or any other similar software or programs that may adversely affect the operation of another’s computer.
  • You agree not to advertise or promote any goods or services in the Forums. This includes, among other things, “junk mail”, “spam”, “chain letters” and “pyramid schemes.”
  • You agree not to conduct contests or distribute chain letters through the Forums. You agree not to violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation.
  • By posting a message, uploading a file or engaging in any other form of communication through a Forum, you are granting GOTRIbal a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, display, perform, sublicense, create derivative works based upon, transfer and sell any such messages, files or communications. You agree to indemnify and hold GOTRIbal and its affiliates and their respective officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your postings and any material contained therein.

7. SIGN-UP AND ACCOUNT SECURITY.

GOTRIbal users provide their real names and information, and GOTRIbal needs your help to keep it that way. You agree to the following regarding your sign-up and registration for use of GOTRIbal services on the Web Site and your responsibilities surrounding your GOTRIbal account:

  • You will not provide any false personal information on the Web Site, or create an account for anyone other than yourself without permission.
  • You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone without first getting written permission from GOTRIbal.
  • If you select a username for your account, GOTRIbal reserves the right to remove or reclaim it if it believes it is inappropriate, such as when a trademark owner complains about a username that does not closely relate to a user’s actual name