1. Introduction
GoingOnRecord.com (and its related sites) (hereinafter the Site), and these Terms of Use are intended as a safe and secure online environment to draft, negotiate, execute, and store agreements. As a user of the Site you are responsible for reviewing and understanding the Site’s policies including these Terms of Use. These Terms of Usemay be changed at any time at the sole discretion of the Site.

2. Generally These Terms of User are intended to:

a. Comply with all relevant laws, rules and regulations governing this Site;
b. Facilitate a fair and transparent environment for the Sites users;
and
c. Provide a safe and secure online environment to draft, negotiate, execute and store agreements;

These ideas shall be the guiding principles in the event of any issue arising out of the interpretation of these Terms of Use or any other element of the Site.

3. Registration
By registering with the Site, Users represent that they have provided complete and accurate registration information, including but not limited to: their true full name, current address and primary e-mail address. Should any of this information change; it is the User’s responsibility to contact the Site immediately to edit their information in the “My Account” section of the Site. As more fully described below in the indemnity and liability provisions of these Terms of Use, User is solely responsible for their action and all actions taken therewith. The User is responsible for protecting the confidentiality of their password. As with any online service, Users should change their password periodically to prevent piracy or identity theft.

4. Prohibited Uses of Site
By using the Site you agree that you will not use the site for any of the following reasons:

a. The violation of:

(i.) any law within your state/jurisdiction;
(ii.) the rights of any third parties; and
(iii.) any policy of the Site

b. The posting of inappropriate content (as determined at the sole discretion of the Site) or any illegal content.
c. Intentionally attempt to create an agreement that the User knows or should know would not be a legally binding contract for whatever reason (including lack of capacity of the parties, illegality, violation of public policy, or any other reason that voids a contract in the relevant jurisdiction).
d. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
e. Distribute or post spam, chain letters, or pyramid schemes.
f.  Distribute viruses or any other technologies that may harm the Site, or the interests or property of Users.
g. Harvest or otherwise collect information about users, including email addresses, without their consent.

5. Responsibility to Report Problems
The Site works to keep the online environment safe and its services working properly. As a User of the Site and a participant in its community you are expected to help report any problems, offensive content, and policy violations.

 

Without limiting any other remedy at law or equity, the Site may at its sole discretion, for whatever reason, and without notice limit, suspend or terminate a User or a User’s account; prohibit access to the Site; remove hosted content; and take whatever technical and legal steps the Site deems is appropriate to keep a User off the site. Generally, the reasons for such an action would be that the User is:

a. No site content shall be reproduced or retransmitted without the express written consent of the Site’s owners. Unless otherwise indicated, the Site is the exclusive owner of all information that is produced, created or stored on the Site and its services. This includes any medium including, but not limited, to text, documents, or video.

b. The Site, its associated intellectual property, including but not limited to, its business methods, the terms “Pending Record”, “Current Record”, and other Site-related graphics, logos, designs, page headers, button icons, scripts and service names, and any other intellectual property are owned and operated exclusively by Going on Record, LLC. By using this Site, User agrees and acknowledges that the Site’s intellectual property will not be copied, imitated, or used, in whole or in part, without the prior written permission of Going On Record, LLC.

a. By using the Site, you agree to not hold the Site responsible for the action or inaction of any other User. Nothing on this Site represents that any User that you elect to enter into an agreement with was verified by the Site, is vouched for by the Site, or in any way has the approval or involvement of the Site. At no time is the Site involved in the actual details of the transaction of the Users. To the contrary, it is the intent of the Site that Users are solely responsible for the drafting, negotiation, and agreements between the parties. The Site has no direct control over and does not guarantee the quality, safety or legality of Users’ negotiations, the truth or accuracy of representations made by Users, and the ability of Users to fulfill their duties under any Agreement entered into through this site.

b. Regardless of the previous paragraph, in the event that the Site is found liable for any matter then by using the Site you agree that the Site’s liability is limited to not more than one hundred dollars.

9. No Legal Service Provided

a. By using this Site, the User agrees and acknowledges that the Site is not a legal service, and provides no legal, accounting, or other professional advice. The Site is a facilitator for Users to draft, negotiate, execute and record their own agreements. Users are strongly encouraged to consult their legal, accounting, financial and other advisors before entering into any agreement.

b. Notwithstanding any other representation made by any person or any (incorrect) inference or misunderstanding generated by any other person, it is expressly acknowledged and agreed by the User that the Site is not engaged in the practice of law, accounting, financial advice or any other professional or nonprofessional advisory services.

c. The Site makes no representations, implied or otherwise, with respect to the validity or enforceability under the law of any particular jurisdiction for any agreements created and/or stored on or through its website.

10. Release

In the event of any dispute or controversy between Users, you agree (by using the Site) to release the Site (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or controversies.

 

The Site will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. The Site will use your information only as described in the Site’s Privacy Policy. The Site views protection of Users' privacy as a very important principle. The Site will store and process your information on computers located in the United States and elsewhere that are protected by physical as well as appropriate technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.

12. Indemnity

By using this Site you agree to indemnify and hold the Site and its officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

13. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14. Miscellaneous

a. Users agree to notify the Site in the event of any dispute or controversy arising from the Site or its services.

b. Material submitted for publication on GoingonRecord.com will be accompanied by User's name and shall not be submitted anonymously.

c. User warrants that submitted material will not misrepresent his or her identity or affiliation with any person or entity.

d. Register for more than one User account unless first notified to the Site.

e. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity