This Universal Terms of Service for GOMASSU Software and Services Agreement ("Agreement") is by and between VIDAVO Information Systems, Inc. ("GOMASSU") a Maryland corporation and you, your heirs, agents, successors and assigns ("YOU"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of GOMASSU software ("Software") and services ("Services") and explains GOMASSU's obligations to You and Your obligations to GOMASSU in relation to the Software and Services You purchase.
This Agreement as well as any additional GOMASSU policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and GOMASSU concerning Your use of GOMASSU's Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All GOMASSU policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy ("UDRP"). By purchasing GOMASSU's Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which GOMASSU may establish from time to time, and any agreements that GOMASSU is currently bound by or will be bound by in the future. You may view the latest versions of these Agreements here.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with GOMASSU, whether or not the transactions were in Your behalf.
The General Terms in Section A apply to all customers of GOMASSU. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services.
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that GOMASSU may modify this Agreement and the Services from time to time. You agree to be bound by any changes GOMASSU may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from GOMASSU, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, GOMASSU will not refund any amounts You have paid. You agree that GOMASSU shall not be bound by any representations made by third parties who You may use to purchase Services from GOMASSU, and that any statement of a general nature, which may be posted on GOMASSU's web site or contained in GOMASSU's promotional materials, will not bind GOMASSU. GOMASSU may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying GOMASSU should You desire to terminate Your use of GOMASSU's Services. Notification of Your intent to terminate must be provided to GOMASSU no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date.
2. USE OF GOMASSU SOFTWARE.
GOMASSU provides you a website including an administrative module, driven by GOMMASU's Software in combination with web hosting Services. Upon payment of all fees due and owing to GOMASSU under this Agreement, GOMASSU hereby grants, and YOU hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the GOMASSU Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for GOMASSU. Source code or other information pertaining to the logic design of the GOMASSU Software is specifically excluded from the license granted hereunder. You are free to use the software on any computer, but not on two (2) or more computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
GOMASSU reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of GOMASSU. The source code and its organization are the exclusive property of GOMASSU and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by GOMASSU.
You recognize that the GOMASSU Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the GOMASSU Software for your domain, are proprietary, and that all rights thereto, including copyright, are owned by GOMASSU. You further acknowledge that you have been advised that the GOMASSU Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of GOMASSU, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to GOMASSU, and that its use and disclosure must be carefully and continuously controlled.
GOMASSU PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to GOMASSU, as needed, while You are using GOMASSU's Services. You agree You will notify GOMASSU within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by GOMASSU to determine the validity of information provided by You will constitute a material breach of this Agreement.
You agree that GOMASSU may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to GOMASSU's Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if GOMASSU has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, GOMASSU has the absolute right, in its sole discretion, to terminate its Services and close Your account.
4. PRIVACY.
You can view GOMASSU's Privacy Policy here, which is incorporated herein by reference, as it is applicable to all GOMASSU Software and Services. The Privacy Policy provides Your rights and GOMASSU's responsibilities with regard to Your personal information. GOMASSU will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
5. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, and credit card number(collectively, the "Account Access Information"). For security purposes, GOMASSU recommends that You change Your password every six (6) months, for every GOMASSU account, subject to GOMASSU's password guidelines. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify GOMASSU immediately of any unauthorized use of Your account or any other breach of security. You agree GOMASSU will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by GOMASSU or another party due to someone else using Your Account Access Information. You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. GOMASSU specifically disclaims liability for any activity in Your account, whether authorized by You or not.
6. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of GOMASSU's Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to GOMASSU if, for any reason, GOMASSU takes corrective action with respect to Your improper or illegal use of its Services.
GOMASSU reserves the right at all times to disclose any information as GOMASSU deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GOMASSU's sole discretion.
If You have purchased Services, GOMASSU has no obligation to monitor Your use of the Services. GOMASSU reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. GOMASSU reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
GOMASSU reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against GOMASSU or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. GOMASSU may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Except as set forth below, GOMASSU may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by GOMASSU in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event GOMASSU cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to GOMASSU in connection with the Services being cancelled. In the event GOMASSU deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to GOMASSU if, for any reason, GOMASSU takes corrective action with respect to Your improper or illegal use of its Services.
7. NO SPAM; LIQUIDATED DAMAGES.
You agree GOMASSU may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay GOMASSU liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay GOMASSU's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of GOMASSU 's Anti-Spam Policy, available here . Such terms and conditions are applicable to the use of all GOMASSU Software and Services and are incorporated herein.
8. INTELLECTUAL PROPERTY.
You agree that GOMASSU or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the GOMASSU web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that GOMASSU or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of GOMASSU or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
9. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided to You by GOMASSU, You agree to pay GOMASSU at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. GOMASSU expressly reserves the right to modify pricing through email notification and/or notice on its web site. Payment may be made by You by providing either a valid credit card, mailing a check, a personal check, or using PayPal to establish a cash reserve for charge by GOMASSU (collectively, the "Payment Method"). Your Prepaid Services account may be funded by a money order or a personal check under as further described, below. Your Payment Method on file must be kept valid if You have any active products in Your account. For GOMASSU Marketplace users, You may use either use a valid credit card, PayPal, Prepaid Services or a valid gift card to make purchases. GOMASSU Marketplace transactions are governed by the GOMASSU Marketplace Returns and Refund policy published in the Marketpalce FAQ on the date of Your original purchase.
If for any reason GOMASSU is unable to charge Your Payment Method for the full amount owed GOMASSU for the Services provided, or if GOMASSU is charged a penalty for any fee it previously charged to Your Payment Method, You agree that GOMASSU may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason GOMASSU is unable to charge Your credit card with the full amount of the Services provided, or if GOMASSU is charged back for any fee it previously charged to the credit card You provided, You agree that GOMASSU may pursue all available remedies in order to obtain payment. You agree that among the remedies GOMASSU may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any Services registered or renewed on Your behalf. GOMASSU reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services.
You agree that You are solely liable for arranging that Your Services are renewed, and that GOMASSU shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
While all transactions are processed in US dollars, GOMASSU may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. GOMASSU makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
a. Good as Gold Prepaid Services
You acknowledge that funds transferred to Your Account will be held in an account by GOMASSU, which will not accrue or pay interest for Your benefit. To the extent interest may accrue, if any, You understand and agree that GOMASSU shall be entitled to receive and keep any such amounts to cover costs associated with the Prepaid Services.
You acknowledge that all transactions will be conducted in U.S. Dollars and that it is Your responsibility to arrange for foreign currency translations prior to funding Your Account. Wire transfers received by GOMASSU in foreign currencies will be returned and You will be responsible for the cost of returning such funds. Your Account must be funded on an initial basis with no less than one hundred dollars ($100.00), paid in U.S. funds. You agree that You will be responsible for all wire transfer fees, both incoming and outgoing, associated with Your Account. Any non-U.S. wire transfers may be subject to fees by either Your bank, intermediary banks or GOMASSU's bank, which may reduce the amount of the money received by GOMASSU's bank and subsequently funded into Your Prepaid Good as Gold Account. Customers funding a Good as Gold Account who wire $1,000 or more shall not be subject to a $20 wire transfer processing fee from GOMASSU. You hereby expressly give GOMASSU permission to reduce Your Account by the amount of wire transfer fees GOMASSU incurs in order to receive Your funds. All fees are subject to change and will be updated online in this Agreement.
Specific Representations and Warranties
You agree that GOMASSU makes no representations or warranties of any kind in connection with Prepaid Services. GOMASSU expressly reserves the right to deny, cancel or transfer any Account that it deems necessary, in its discretion, to protect the integrity and stability of the Prepaid Services system, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of GOMASSU, as well as its affiliates, subsidiaries, officers, directors and employees. GOMASSU also reserves the right to freeze an Account during resolution of a dispute.
b. Payment By Check
By using GOMASSU's pay by check option ("Pay By Check"), You can purchase GOMASSU Software and Services using a personal check. In consideration for the Software and Services purchased by You and provided to You by GOMASSU, You agree to allow Certegy Check Services, Inc. ("Certegy") to debit the full amount of this transaction from Your checking account, which is non-refundable. Certegy will create an electronic funds transfer (EFT) or bank draft which will be presented to Your bank or financial institution for payment from Your checking account. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.
It is Your responsibility to keep Your checking account current, and to have available funds in it. You agree that Certegy and GOMASSU will not be responsible for payments that fail to go through as a result of Your checking account no longer existing, or holding insufficient funds. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, You agree that Certegy and GOMASSU may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft.
The check may not be for less than the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services.
By clicking the box labeled "I agree" to the terms of the Pay by Check terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT) or bank draft, and You authorize a debit of THE FULL AMOUNT of this order from Your checking account.
c. Pay by PayPal
By using GOMASSU's pay by PayPal, Inc. ("PayPal") option ("Pay by PayPal"), You can purchase GOMASSU Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by GOMASSU, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current, to have available funds in it and to have Your PayPal Account backed by a valid credit card. You agree that PayPal and GOMASSU will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and GOMASSU may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.
By clicking the box labeled "I agree" to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.
10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
GOMASSU expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of GOMASSU, as well as its affiliates, subsidiaries, officers, directors and employees. GOMASSU also reserves the right to freeze a domain name during resolution of a dispute.
11. LIMITATION OF LIABILITY .
IN NO EVENT SHALL GOMASSU BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF GOMASSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, GOMASSU's liability is limited to the full extent permitted by law. You agree that in no event shall GOMASSU's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from GOMASSU.
12. DISCLAIMER OF WARRANTIES .
GOMASSU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOMASSU MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. GOMASSU DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless GOMASSU and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with GOMASSU whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from GOMASSU or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold GOMASSU harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should GOMASSU be notified of a pending law suit, or receive notice of the filing of a law suit, GOMASSU may seek a written confirmation from You concerning Your obligation to indemnify GOMASSU. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that GOMASSU shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify GOMASSU of any such claim promptly in writing and to allow GOMASSU to control the proceedings. You agree to cooperate fully with GOMASSU during such proceedings.
You agree to cooperate fully with GOMASSU during such proceedings. You agree You will not be entitled to a refund of any fees paid to GOMASSU if, for any reason, GOMASSU takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if GOMASSU is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Site Analytics account of Yours with GOMASSU, that GOMASSU, in its sole discretion, may take whatever action GOMASSU deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This Agreement shall be deemed entered into in the State of Maryland. You agree that the laws and judicial decisions of Anne Arundel County, Maryland, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Anne Arundel County, Maryland.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
15. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from GOMASSU to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with GOMASSU. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to GOMASSU shall be made either by email, sent to the address provided on the GOMASSU web site, or first class mail to GOMASSU's address at:
VIDAVO Information Systems, Inc.
Attn: GOMASSU Legal Counsel
9216 Annapolis Road, Suite 100
Lanham, MD, 20706.
16. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and GOMASSU regarding the Services contemplated herein.
18. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
19. WAIVER.
The failure of GOMASSU to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of GOMASSU thereafter to enforce such provisions.
20. FORCE MAJEURE.
GOMASSU will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold GOMASSU liable for any of the consequences of such interruptions.
21. SURVIVAL.
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement.
22. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
