Please read the terms of use carefully before accessing this website or submitting information to gotaed (“gotaed”).
These terms of service (“terms of service”) and the referenced privacy policy constitute the “agreement” between you and gotaed.
By accessing or using the website, you signify that you have read the agreement and that you understand and agree to be bound by the terms of service and the agreement.
The terms of use are separate and distinct from any and all terms of use, disclaimers of liability or warranties regarding any products or services sold and do not govern them.
access and use
platform
conditions
intellectual property
copyright
third party website
disclaimer
limitation of liability
disputes
termination
you should review this agreement each time you access our website. gotaed reserves the right to modify the terms of service at any time and will publish notice of any such modifications on-line at this site. by continuing to access a site after notice of such modifications has been published, you signify your agreement to be bound by them.
gotaed, inc. provides its services (described below) to you through its website (the “platform“) and related services (collectively, such services, including any new features and applications, and the platform, the “services“), subject to the following terms of service (as amended from time to time, the “terms of service“).
in addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the services from time to time, including, without limitation, the privacy policy located via link at the bottom of our webpage. all such terms are hereby incorporated by reference into these terms of service (provided, however, that such other terms may be modified in accordance with their terms and, with respect to the use of the services, these terms of service will take precedence in the event of conflict).
There are no fees to set up a Campaign. GotAED keeps a small portion of successful campaigns to fund the operations of this site.
You authorize GotAED, and GotAED reserves the right to, provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
a. Establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
b. Transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of GotAED, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose GotAED or its users to any harm or liability of any type; or
c. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
d. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
3. Donations: Donations shall be made through PayPal and/or Stripe. You agree that all Donation payments are final and will not be refunded unless GotAED, in its sole discretion, agrees to issue a refund. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis.
4. Fees: GotAED retains a nominal fee from successful campaigns to operate this site.
5. Withdrawing Donations from a Campaign: You, as a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), may not withdraw Donations to your Campaign.
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content“) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GotAED, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by GotAED from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of GotAED, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GotAED.
The GotAED name and logos are trademarks and service marks of GotAED (collectively the “GotAED Trademarks“). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GotAED. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GotAED Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of GotAED Trademarks will inure to our exclusive benefit.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions“), provided by you to GotAED are non-confidential and GotAED will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that GotAED may preserve 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 reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GotAED, its users or the public.
GotAED respects the intellectual property of others, and we ask our users to do the same. 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, you should notify GotAED of your infringement claim in accordance with the procedure set forth below.
GotAED will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA“) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GotAED at info@gotaed.org. (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Simon’s Heart
PO Box 61
Lafayette Hill, PA 19444
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to GotAED at the same address:
If a counter-notice is received by the Copyright Agent, GotAED will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, GotAED has adopted a policy of terminating, in appropriate circumstances and at GotAED’s sole discretion, users who are deemed to be repeat infringers. GotAED may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. GotAED has no control over such sites, services and resources and GotAED is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that GotAED will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that GotAED is not liable for any loss or claim that you may have against any such third party.
GotAED does not manufacture, sell, or distribute AED devices.
Any AED device provided to a Campaign Organizer shall be provided directly by the Distributors and GotAED disclaims any representations or warranties, express, implied, or statutory, regarding the aed devices, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties arising by course of dealing or custom of trade.
You agree to release, indemnify on demand and hold GotAEDand its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
You expressly agree that access to and use of our website is at your sole risk. Our website is provided on an “as is” and an “as available” basis. Gotaed does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, regarding our website, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties arising by course of dealing or custom of trade. Gotaed makes no representation or warranty that any material, content, products, or services displayed on or offered through our website is accurate, complete, appropriate, reliable, or timely. Gotaed also makes no representations or warranties that your access to and use of our website will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you..
You expressly understand and agree that, to the fullest extent permitted by applicable law, neither gotaed nor its affiliates will be liable for any (a) indirect, incidental, special, consequential, punitive or exemplary damages, (b) damages for loss of profits, (c) damages for loss of goodwill, (d) damages for loss of use, (e) loss or corruption of data, or (f) other intangible losses (even if gotaed has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, 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) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. To the fullest extent permitted by applicable law, in no event will gotaed’s total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action exceed the amount collected by gotaed for your campaign, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the services.
GotAED intends to resolve any and all disputes that may arise between it and its Website users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure:If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to GotAED in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. GotAED shall respond within ten (10) business days with identical information from its perspective. You and a representative of GotAED shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and GotAED mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and GotAED fail to resolve the matter, you may then proceed to litigation in the forum described below.Any dispute that is not cured or resolved amicably shall be submitted to mediation if a Party has a good faith belief that the Dispute is continuing before a mutually agreed mediator in Philadelphia, PA; and, if mediation is unsuccessful, then the Dispute shall be submitted to binding arbitration before a mutually agreed arbitrator, under the auspices of the American Arbitrations Association in Philadelphia, PA.
You agree that GotAED, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if GotAED believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that GotAED may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that GotAED will not be liable to you or any third party for any termination of your access to the Services.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and GotAED will have no liability or responsibility with respect thereto. GotAED reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and GotAED and govern your use of the Services, superseding any prior agreements between you and GotAED with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. The failure of GotAED to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of GotAED, but GotAED may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.