Welcome to the GoEssential.com web site and application on various subdomains (the “Site”). These Terms of Use (“Terms”) govern your use of the Site, its contents, and sets the standards of use of the GoEssential Service (“Service”) for Registered Account Members. The terms “GoEssential,” “we,” “us” and “our” refer to GoEssential, Inc. By using this Site, you (the “Member”) agree to the terms and conditions of use and the GoEssential PRIVACY POLICY and you agree to receive required notices and to transact with us electronically. You can accept the Terms by clicking to accept the Terms where this option is made available to you by GoEssential in the user interface, or by actually using the Service. You may not use the Site if you do not accept the terms of use. If you do not agree to the Terms at any point in time, you must discontinue the registration process as provided below, discontinue your use of the Services, and, if you are already a Member, cancel your Account immediately.
You must register on this Site in order to use certain of the Site’s online Services and functions. During registration, you may be required to provide contact information, consisting of an email address and password (your “login”) in order to create a user account (“Account’). You are obligated to use your own name. You consent to it being passed to others by use of certain of the functions of GoEssential and the Site. Your login may only be used by one person. A single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. GoEssential cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your Account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). For certain of our functions, such as the purchase of Services, you may be required to provide your name, address and billing and credit card information (such information being “Your Data”), and maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GoEssential has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoEssential has the right to suspend or terminate your Account and refuse any and all current or future use of the Services, or any portion thereof.
Violation of any of the Terms contained herein will result in the termination of your Account. While GoEssential prohibits such conduct and content on the Service, you understand and agree that GoEssential cannot be responsible for the content posted on the Site and you nonetheless may be exposed to such materials. No credits or refunds will be issued for any account that is canceled due to violation of the Terms contained herein, whether or not it is later proven that an actual violation occurred.
Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
Your use of this Site signifies your continuing consent to the GoEssential’s Privacy Policy, which you can examine any time by clicking on the “Privacy Policy” link on the Site. Personal information that you supply to GoEssential, and any information about your use of the Site that we obtain will be subject to the GoEssential Privacy Policy on this Site.
GoEssential reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://goessential.com/terms-of-use If modification is unacceptable to you, your only recourse is to cancel your Account thereby terminating this agreement. Your continued use of the Service following our posting of a change notice or new policy on our Site will constitute binding acceptance of the change.
You may use the Site for lawful purposes only and may use the Site only in ways consistent with the law.
You may not: Create for distribution purposes, any software applications, tools, or techniques that are specifically made to collect, copy, download, extract, harvest, or scrape data, HTML, images, or text from this Site. Misuse the Site or its Services, such as interfering with or accessing the Site or its Services using a method other than what is explicitly provided. Use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You agree that we may provide to you notices and other information concerning GoEssential or this Site electronically, including notice to any email address that you may provide.
GoEssential may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms. Content that violates applicable rules may be removed. If you post any content on any public area of the Site, you grant us the perpetual sub-licensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time. Third Party Sites and Advertisers GoEssential may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that GoEssential is not responsible for any claim or loss due to a third party site or any advertiser.
We provide this Site and its contents and Services “AS IS.” We and our suppliers make no express warranties or guarantees about this Site or Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE OR SERVICE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT OR SERVICE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws. GoEssential makes every reasonable effort to maintain operation of the Service, but cannot guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet. GoEssential will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content transmitted, received or stored on its system.
Except as expressly provided below, neither party shall be liable in any way to the other party or any other person for any lost profits or revenues, loss of use, loss of data, licenses or services or similar economic loss, or for any punitive, indirect, special incidental, consequential or exemplary damages, or similar damages of any nature, whether foreseeable or not, under any warranty or right hereunder, arising out of or in connection with the performance or nonperformance of any order, or for any claim against the other party by a third party, regardless of whether it has been advised of the possibility of such claim or damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We make no representation that content on this Site or Service is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws. Choice of Law and Location for Resolving Disputes You agree that the laws of the state of California and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We respect the intellectual property rights of others, and we prohibit users from uploading, posting or otherwise transmitting on this web site or by use of any of our services any materials that violate another party’s intellectual property rights. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of GoEssential to remove or disable access to infringing material, to notify the relevant Member that it has removed or disabled access to the material, and to terminate Account privileges of any Member who infringes copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
- Your address, telephone number, and email address;
- Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
This web site’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Email: legal@goessential.com.
By Mail:
GoEssential GmbH
Mayrwiesstrasse 20
5300 Salzburg
Austria