By becoming a Subscriber to GoCoogs.com, or by using this site (hereinafter the “Site” or “GoCoogs”), you agree to be bound by these additional terms of service. For clarity GoCoogs.com is a “Service” as defined in this agreement. This agreement is subject to change or updated by GoCoogs at any time without notice to you.
Payment Obligation and Credit Card Authorization
All subscription fees are non-refundable.
The Subscriber is responsible for paying periodic subscription fees, and hereby authorizes GoCoogs to charge the subscriber’s credit card, debit card, or bank account, to pay for the ongoing cost of subscription fees via automatic debit. Subscription plans, offerings and length of terms offered may vary. Unless specifically stated, subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless the Subscriber terminates the subscription by contacting customer care at least 48 hours prior to the renewal date. When termination is requested by a Subscriber, there is no refund for any unused portion of the current subscription. Subscriber acknowledges and agrees that the authorization to charge Subscriber’s credit card for services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. Should Subscriber request a refund which is denied for a valid reason under these Terms of Service, and should Subscriber subsequently file a claim against GoCoogs, GoCoogs shall be entitled to collect from Subscriber all costs (including attorneys fees) associated with defending such a claim.
To protect against potential fraud, GoCoogs may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then crediting the same amount back to your credit card or otherwise ceasing the transaction, and also may include asking you to verify the amount debited in order to confirm that you are in possession of your credit card. GoCoogs will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing GoCoogs with your credit card information, you authorize GoCoogs to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
Free Trial Subscriptions and Coupons
Sometimes, GoCoogs may offer promotional free trial subscriptions to the subscription service. Subscribers that sign up for a free trial subscription will be automatically renewed at the normal subscription rate at the end of the trial period, unless the Subscriber cancels at least 24 hours before the end of the trial.
Only one free trial period is allowed per subscriber. Subsequent subscriptions do not qualify for free trials.
GoCoogs may offer coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term. By subscribing, you agree that you will be responsible for all payments as specified in the offer, and you agree that GoCoogs may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without notice or other communication to you.
Message Boards
A subscriber-only message board is included in GoCoogs subscriptions. The accepted standards of conduct in these communities are determined by the publisher of GoCoogs. Subscribers and registered users agree that GoCoogs has the right to enforce these standards, including deletion of posts, blacklisting/banning users, or removing access to premium message boards with no refund to the Subscriber.
By subscribing or using GoCoogs, you agree that GoCoogs and the publisher have the right to delete your posts or blacklist you or any other user at any time if they believe that action is in the best interest of the site and the reason need not be disclosed.
Subscriber Information
Subscriber must promptly inform GoCoogs of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until GoCoogs is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the GoCoogs.
Access
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the GoCoogs is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. GoCoogs will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the GoCoogs is a breach of this Agreement and a violation of law.
Warranty
No warranty is made by GoCoogs regarding any information, services, or products provided through or in connection with GoCoogs, and GoCoogs hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Subscriber hereby warrants and represents that he or she is in all respects is qualified and competent to enter into this agreement.
Links to Third Party Sites
GoCoogs may contain images of and links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of GoCoogs and GoCoogs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GoCoogs is not responsible for webcasting or any other form of transmission received from any Linked Site nor is GoCoogs responsible if the Linked Site is not working appropriately. GoCoogs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GoCoogs of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the GoCoogs sites or services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. GoCoogs shall not be responsible or liable for any part of any such dealings or promotions. By subscribing, registering, or using any of the GoCoogs sites, you agree that you indemnify GoCoogs from any liability whatsoever associated with your dealings with these third parties.
Limitation of Liability
GoCoogs is not obligated to monitor the content on this site or message board. However, with respect to the use of the products and services offered on this site, GoCoogs reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the this site, in GoCoogs’s sole discretion, without notice at any time.
This site may contain message board services, chat areas, communities, personal pages, pages created and/or maintained by publishers, or other communication facilities. You agree to use these facilities only to post, send and receive messages and material that are proper and related to the particular facility, and to comply with all applicable laws and these Terms of Service and Notices.
GoCoogs reserves the right, but is not obligated, to review materials posted to this site and to remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, GoCoogs reserves the right to terminate your access to any or all of the sites and services at any time without notice for any reason whatsoever. Furthermore, GoCoogs reserves the right to terminate or change any part of the site at any time.
GoCoogs is not obligated to monitor the content on this site. However, with respect to the use of the community facilities mentioned above, GoCoogs reserves the right to disclose any information or materials as 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, from the site or service, in GoCoogs’s sole discretion.
You acknowledge that the community services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. GoCoogs specifically disclaims any liability with regard to the community areas on our site. Forum managers and hosts of the community services, message boards, chat rooms, etc. are not authorized GoCoogs agents or spokespersons, are not able to bind GoCoogs, nor do their views necessarily reflect those of GoCoogs.
The information, services, information, and other material included in or available through the this site may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via this site should not be relied upon for decisions or other critical purposes.
By registering to post on GoCoogs’ message boards, you agree that you are solely responsible for the content of your posts (defined as all content posted by you on the message boards, including actual posts, user profiles, signatures, etc.). This responsibility includes full liability for copyright infringement, libel/slander, and other liability, and you hereby agree to indemnify GoCoogs.com and their respective officers, agents, partners, employees and subcontractors, and GoCoogs’ publishers from any and all liability associated with the above. You agree that you own the content of your posts, but that you grant GoCoogs the right to reproduce or republish the content of your posts, in full or in part, for any purpose, as well as the right to grant permission for other reproduction or republishing of the posts by a third party. In addition, by registering on this site and/or by using this site, you agree that you recognize that all other users are solely responsible for the content of their posts and that they have indemnified GoCoogs (see above) as you have. You agree that you will not hold GoCoogs.com and their respective officers, agents, partners, employees or subcontractors, owners, or agents responsible for the actions of posters on the message boards.
By registering or subscribing on this site, you agree that you are giving explicit consent to GoCoogs to send to you various emails, including marketing emails of various types. You hereby agree that, although GoCoogs may provide methods for opting out of these emails, that these emails are not ‘unsolicited emails’ or ‘spam’, and that you will indemnify and hold harmless GoCoogs, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, GoCoogs’ sending of these emails, and/or your receipt thereof.
Your access to and use of this site, and products and services of this site, is at your own risk. GoCoogs, and its subscriptions and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the this site Network, or such products or services. GoCoogs makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the this site Network, or such products or services. Without limiting the foregoing, GoCoogs.com AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GOCOOGS AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL GOCOOGS.COM, GOCOOGS AND/OR THEIR RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GOCOOGS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED SERVICES.
You agree to defend, indemnify and hold GoCoogs.com and their respective suppliers, publishers, partners, sponsors, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with GoCoogs or your use of this site.
Use Restriction
The restricted material on GoCoogs.com is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. GoCoogs and its publishing partners spend a great deal of time and money to obtain the information appearing on its web sites. Subscribers agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from GoCoogs web sites, without express written permission from GoCoogs. Subscribers agree that, should they do so, GoCoogs reserves the right to cancel their subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
To prevent access by multiple users sharing one account, GoCoogs reserves the right to limit access for each Subscriber to a fixed number of physical locations or machines or to a specific number of simultaneous logons. Subscriber agrees to notify GoCoogs in advance if their situation calls for use of multiple machines (i.e. student worklab, library, etc.). In addition, if such a scenario exists, subscriber is responsible for logging out appropriately in order to login successfully in another location.
By signing up to post on GoCoogs’ message board, you agree that you will not use the message board to advertise any product or service, without the express written permission of . You also agree that if you do use the message boards in such a manner, and are subsequently banned or blacklisted from the message boards, and then continue to post such advertising under a new account, you will be liable for damages to GoCoogs in the amount of fair compensation for equivalent advertising frequently sold by GoCoogs to other advertisers, plus GoCoogs costs of collection, including attorneys fees. Due to difficulty in GoCoogs assessing these damages and advertising opportunity costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on GoCoogs’ ability to prove actual damages in excess of this amount).
By signing up to post on GoCoogs’ message boards, you agree that if GoCoogs blacklists you, you will cease and desist from posting on the message boards. If you are blacklisted, and subsequently sign up under new account(s) for the sole purpose of disrupting the message boards in any manner, you will be liable for damages to GoCoogs in the amount of fair compensation for time spent by GoCoogs staff and/or publishers in addition to any lost profits or revenues caused by your disruption and costs of collection of these damages, including attorneys fees. Due to difficulty in GoCoogs assessing these damages and costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on GoCoogs’ ability to prove actual damages in excess of this amount).
Notices
Notices by GoCoogs to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.