STANDARD WEBSITE TERMS OF SERVICE
Date of Last Revision: August 9, 2024
By using this website, you are agreeing to the following Terms of Service.
Go Fish Originators (“Go Fish Originators,” “GO FISH,” “Go Fish,” “we,” “us,” “our”) provides its services (described below) to you:
through its website located at www.GoFishOriginators.com (the “Site”), through its offices, and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), and you agree to the following Terms of Service (as amended from time to time, the “Terms of Service”). If you are entering into this Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with this Terms of Service, you must not accept this Terms of Service and may not use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised.
[Note] Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new 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 Service from time to time, including, without limitation, the Privacy Policy located at https://www.gofishoriginators.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Services Description: The Service includes (a) the Site, (b) the mobile applications, (c) Go Fish’s Additional Value Added Services and (d) all software (including the Software, as defined below), data, reports, text, images, sounds, videos, and content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to these Terms of Service.
Your Registration Obligations: You may be required to register with GO FISH in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself and/or your company as prompted by the Service’s registration form. Registration data and certain other information about you and/or your company are governed by our Privacy Policy. If you are not a US citizen or you are under 18 years of age, you are not authorized to use the Service, with or without registering.
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- START OF SECTION PERTINENT SPECIFICALLY TO LENDERS -
Lender Defined: A company that is registered on this platform as a Lender which engages in lending as well as all terms specifically directed to (“The Lender,” “Lender,” “Lenders,” “Lender’s")
Lender Agrees To Allow Go Fish To Track The Originator’s Loan Originations
Lender agrees to allow Go Fish to use a cookie to properly give loan origination credit to the Originator, even if the borrower returns to the lender's site up to 6 months after the first referral visit.
Lender Agrees To Allow Go Fish To Automatically Pay Originators via ACH
Lender agrees to allow Go Fish to pay Originators for their successful loan origination via ACH over a 12 month period, starting directly after the borrower's loan is funded.
Lenders agree to choose a fee equal to a percentage of the loan amount and to pay the Originator/Referral Agent according to the following formulas:
Optional Deferrment of Loan Origination/Referral Fees
Lenders have the option to pay their referral fee in one lump sum to the Referral Agents or defer it over 12 months:
[Loan Amount] x [Lender’s Chosen Referral/Origination Fee Percentage] /12 Monthly Payments = [The Amount That Is Transferred From Lender’s Bank Account Into The Originator’s Bank Account Monthly Via ACH Transfer]. For example, a 2% referral fee on a $1M mortgage is $20,000 which pays $1,667.67 monthly for 12 months; this allows the lender to pay the $20,000 fee out if their profit.
Lender Restricted From Making Direct Payments To Originators
The lender agrees to never try to offer or make an intention to offer an Originator on The Platform a direct payment for services that the Originator will provide or has provided on The Platform.
Planned Or Unplanned Outage Of Service
GO FISH may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Any origination fee payments that lender owes any Go Fish Originators/users at that time will survive said discontinuance of service.
------------------------------------------------------ SECTION ON CONNECTIVITY & INTEGRATION ------------------------------------------------------
RECEITALS
Go Fish Originators, Inc. ("GFO"), a leader in referral agent & borrower referral solutions, uses advanced technology to connect lenders with a broad network of loan referral agents and borrower referrals, fostering new loan deals. You the ("Lender Client"), aims to boost its business by receiving borrower referrals from GFO.
Therefore, both parties, driven by shared goals and the terms outlined in this Service Agreement, agree to collaborate on this venture.
Instructions:
GFO can conduct the connectivity work for free, or your IT team can do it.
1. Assessment:
If GFO is doing the free integration, GFO will then access your website and LOS to ensure they allow the necessary access and are structured to allow for connectivity through our no-code Zapier app.
2. Proceeding To Complete The Work:
If the lender client’s website & LOS does allow the necessary access and are structured to allow for connectivity through our no-code Zapier app GFO IT department will commence work to connect lender client’s website & LOS with our platform. If during that time or subsequently it is discovered by GFO IT department that lender client’s system requires too much work to complete connectivity, GFO will notify lender client.
GFO Obligations (2):
Company is to provide the following during the estimated 1-10 business day integration phase:
1) Answer questions from Client & Client’s IT team.
2) Deliver client’s platform integration via Client’s LOS/LMS/Database or API and our Zapier integration by the estimated development cycle delivery date.
Client Obligations (2):
3 Step Integration: GFO Conducts All Work:
Step 1 of 3: Place The Cookie That Grabs The Originator ID Into The Website
Here is the html code that needs to be placed into the website footer to set the cookie and read the cookie:
// Function to get the value of a query parameter by name
function getQueryParam(name) {
const urlParams = new URLSearchParams(window.location.search);
return urlParams.get(name);
}
// Function to set the cookie
function setCookie(name, value, days) {
let expires = "";
if (days) {
const date = new Date();
date.setTime(date.getTime() + (days * 24 * 60 * 60 * 1000));
expires = "; expires=" + date.toUTCString();
}
document.cookie = name + "=" + (value || "") + expires + "; path=/";
}
// Function to get the value of a cookie by name
function getCookieValue(name) {
const value = `; ${document.cookie}`;
const parts = value.split(`; ${name}=`);
if (parts.length === 2) return parts.pop().split(';').shift();
}
// Get the 'orig' and 'tag' parameters from the URL
const origValue = getQueryParam('orig');
const tagValue = getQueryParam('tag');
// If the 'orig' parameter exists, set it as a cookie
if (origValue) {
setCookie('Orig', origValue, 180); // Set the cookie for 180 days (~6 months)
}
// If the 'tag' parameter exists, set it as a cookie
if (tagValue) {
setCookie('Tag', tagValue, 180); // Set the cookie for 180 days (~6 months)
}
// Example usage: Get the 'Orig' and 'Tag' values from the cookies
const origValueFromCookie = getCookieValue('Orig');
const tagValueFromCookie = getCookieValue('Tag');
Step 2 of 3: Option 1: Use Existing Database Field or Add 1 Database Field
Required: 1 database field/column must be added to your database (or used if a field for originator/referral-agent already exists) à the Originator’s vendor ID via a new database field called (`gofish_originator_vendor_id`) to associate the referral agent/originator’s vendor ID with the loan IDs of the loans that they originated, in order to give them credit for the loan origination. Note, you will want to make this field VARCHAR with 10 digits allowed.
Step 2 of 3: Option 2: Store Originator # On GFO’s Own Database
Should the Loan Origination System (LOS) fail to capture the referral number, we can implement a solution to programmatically retrieve this number from the client's website. This involves extracting the referral number and securely storing it in an off-site database. Upon creation of a loan, we will then update the corresponding database entry with the initially populated data fields.
To facilitate this, we will leverage timestamping. We will collect the cookie data, specifically the originator number, and record the URL from which the data was obtained. Each entry will be timestamped to ensure accuracy. Subsequently, we will update the loan records in our database using the matching timestamp to ensure that the data corresponds to the correct loan transaction.
Step 3 of 3: Post/Write Loan Data To One Table In Go Fish’s Database via Zapier
Lender’s system will be connected to GFO’s via Zapier.
For loans in the lender’s database that are associated with a GFO’s vendor_id (has an ‘originator_vendor_id’ pulled from the loan applicant’s browser URL), lender’s IT department needs to query those and INSERT them into the following fields from their database into the GFO ‘live’ database à ‘gf_loans’ table:
These Will Be Stored One Time When Each Loan Starts:
These Will Be Updated In Real-Time
Loan Type Field Note: For the database field ‘loan_type’ we will map your loan type to these exact options inside Zapier and INSERT them exactly as they are written/spelled (email us to if we need to add a loan type that is not on the list).
Loan Status Field Note: For the database field ‘gf_loans table’ --> ‘loan_status’ the possible fields on our system to map to are: "In Process" , "Not Approved" , "Approved" , "Funded"
Completion & Required Verification:
Before we can turn your GFO account, we will need to test your integration using the GFO demo originator tag 223, like so: https://www.YourSite.com/?orig=1&tag=223#loanApp (Enter your site’s actual URL in place of www.YourSite.com)
Then click on it (or enter it into a browser window) so that it takes you to the loan application on your website. From there please create a test loan applicant on your website. This will allow our IT team to see your test origination on our system. After you have done this, you can make sure that you see the test loan origination/referral in your GFO Admin Panel à “My Originations” Tab. If it shows there successfully, please simple email your account administrator listed in this SOW to let GFO know that your integration is done and verified, and once verified, GFO will switch on your account to live status.
Frequently Asked Questions:
Q: Can you confirm that only referrals from GFO will be coded as from GFO?
A: We confirm that only referrals sent through our system will be tagged as GFO referrals. This is handled via the URL structure I previously mentioned. Referrals originating from us will land on your website with a URL such as: https://www.YourWesbite.com/?orig=1&tag=223#loanApp.
In this example, the originator is identified as #223 from originator company #1 (representing GFO). This setup also allows you the flexibility for assigning unique tags to other referral partners in the future, such as #2, #3, and so on.
We will implement code on your website to capture these tags from the URL and insert them into your GFO Admin Panel so that you can see all referral agents and referrals there in real-time.
Q: I read that applicants returning later (up to 6 months) are still tracked so the referral partner receives credit/payment. How is that tracked? If they return 6 or 12 months later, having forgotten who referred them, and simply go directly to my website, how is that linked back to the referral partner for credit?
A: We implement a tracking cookie on your website, typically placed in the <header> or <footer>, ensuring it functions across all pages. When a visitor first arrives via a referral link, the cookie is stored in their browser, capturing the referral source. This ensures that if the borrower leaves and returns later, even up to 6 months, the referral is still recognized. Even if they return directly to your website without using the original referral link, the cookie remains active and will credit the referral partner accordingly.
Q: What happens if a borrower returns to refinance a loan that has already been funded and a referral fee has been paid? Will the referral partner receive payment again?
A: A referral agent will never be paid twice on the same loan ID.
We thank you for your commitment and look forward to a fruitful business relationship.
Please do not hesitate to reach out to us with any questions or further clarifications needed regarding this agreement.
- END OF SECTION PERTINENT SPECIFICALLY TO LENDERS -
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Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Company reserves the right to access your account in order to regularly service your account or respond to your requests for technical support. You agree to (a) immediately notify Go Fish of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Go Fish will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage: You acknowledge that Go Fish may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Go Fish’s servers on your behalf. You agree that Go Fish has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Go Fish reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Go Fish reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Go Fish agrees to make a reasonable attempt to notify you if there is a considerable change in this agreement.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Go Fish and other entities by email and other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Modifications to Service: Go Fish reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with reasonable notice. You agree that Go Fish will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
If the service is ever permanently discontinued, the contracts and repayment agreements that you have between your lending company and your clients/the-Borrower that you may have generated using the help of Go Fish will continue to be in effect and will be uninterrupted.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Go Fish. Go Fish reserves the right to investigate and take appropriate legal action against anyone who, in Go Fish’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to:
a) email 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;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in the sole judgment of Go Fish, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Go Fish or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party;
i) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;
j) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
k) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Information That Is Obtained From Users:
In order to facilitate the operation of the Go Fish Originators website and system we need to connect to 3rd party sites. These sites provide us with data so that we can help our clients and users as much as possible. By using the Go Fish Originators site you are agreeing to these operations. The data is kept secure at all times and only properly authorized individuals are allowed access to it.
Disclaimer: Go Fish may provide software and services that assists users with signing up and managing marketing Originators which have the purpose to help Lenders source loan clients/Borrowers. Go Fish is not responsible for a marketing Originator’s marketing efforts. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. You understand that Go Fish is not required to screen any marketing Originators or other users of the Services. Any use of the Service is at your sole risk.
Apple-Enabled Software Applications
Go Fish offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Go Fish Originators Inc.
201 Spear St., Suite 1100
San Francisco, CA 94105
Go Fish and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Go Fish, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service 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 Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Go Fish from accessing the Service (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 Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Go Fish, our Originators 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 Go Fish.
The Go Fish name and logos are trademarks and service marks of Go Fish (collectively the “Go Fish Trademarks”). Other Go Fish, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be Originatord with or connected to Go Fish. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Go Fish Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Go Fish Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Go Fish be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Go Fish does not pre-screen content, but that Go Fish and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Go Fish and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Go Fish, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Go Fish and its Originators a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Go Fish are non-confidential and Go Fish 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 Go Fish 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 Go Fish, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Go Fish 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 Go Fish of your infringement claim in accordance with the procedure set forth below.
Go Fish 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 Go Fish’s Copyright Agent at the following address (Subject line: “DMCA Takedown Request”):
Go Fish Originators Inc.
201 Spear St., Suite 1100
San Francisco, CA 94105
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 the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Go Fish 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, Go Fish has adopted a policy of terminating, in appropriate circumstances and at Go Fish's sole discretion, users who are deemed to be repeat infringers. Go Fish may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Go Fish has no control over such sites and resources and Go Fish is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Go Fish 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 or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Go Fish is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Go Fish and its Originators and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. 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, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GO FISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GO FISH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GO FISH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GO FISH 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. IN NO EVENT WILL GO FISH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GO FISH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT 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 SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Go Fish will have no liability or responsibility with respect thereto. Go Fish reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Go Fish and govern your use of the Service, superseding any prior agreements between you and Go Fish with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Originator 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 Delaware without regard to its conflict of law provisions.
Your Privacy
At Go Fish, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Go Fish Originators Inc at:
Go Fish Originators Inc.
201 Spear St., Suite 1100
San Francisco, CA 94105
Questions? Concern? Suggestions?
To report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service, please contact us via mail at the following address:
Go Fish Originators Inc.
201 Spear St., Suite 1100
San Francisco, CA 94105