Terms of Service (“ToS”)
Last updated: October 5, 2017
The Good Judgment Crowd Forecasting Site at www.gjopen.com (the "Site") and the mobile version thereof (collectively, the "Service"), are operated by or on behalf Good Judgment, Inc. (collectively, "us", "we", "GJ" or the "Company"). By accessing or using our the Service, you ("you" or the "User") signify that you have read, understand and agree to be bound by these Terms of Service ("ToS"), whether or not you are a registered member of the Site.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this ToS at any time without further notice. If we do this, we will post the changes to this ToS on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new ToS. If you do not agree to abide by these or any future ToS, do not use or access (or continue to use or access) the Service.
This Site is intended solely for Users who are eighteen (18) years of age or older. By using the Service, you represent and warrant that you are 18 or older, and that you agree to abide by all of the terms and conditions of this ToS. You may use the Service only if you can form a binding contract with GJ, in compliance with this ToS.
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you, as may be required or as you choose to provide on any registration or user profile forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
4. Content Available through the Site
A. You understand that all forecasts, rationales, postings, messages, text, images or other materials (collectively, "Content") posted or published on, uploaded to, transmitted through, or linked from (hereinafter, "post" or "posted"), the Service are the sole responsibility of the person from whom such Content originated. You understand that GJ does not control, and is not responsible for, Content made available by any of our users through the Service. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
B. Furthermore, the Site and Content available through the Service may contain links to other websites that are completely independent of GJ. GJ makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your traversing links to any other websites is at your own risk.
C. You agree that you must evaluate, and bear all risks associated with, the use of any Content. All Content (including without limitation any forecasts, rationales, questions, question clarifications, question resolutions) is provided for discussion and entertainment purposes only. SPECIFICALLY, THE FUTURE IS INHERENTLY UNCERTAIN AND UNKNOWABLE. NO FORECASTS AND NO RATIONALES SHOULD BE CONSTRUED AS ANY ASSURANCE OR GUARANTEE OF THE OCCURRENCE, NON-OCCURRENCE, OR PROBABILITY OF OCCURENCE OR NON-OCCURENCE OF FUTURE EVENTS. The forecasts and rationales on the Site are only the opinions of the users providing them. Aggregated forecasts or graphs provided by GJ are only summaries or statistical processing of such opinions, provided to facilitate discussion and for entertainment.
D. You are not entitled to rely on any Content, and under no circumstances will GJ, its affiliates, sponsors or partners be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service. GJ, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content. GJ, its affiliates and partners, shall have no liability for investment, legal, medical, planning or any other decisions based upon any Content, including any forecasts or rationales. We advise you to consult your professional advisors before making any decisions or undertaking any actions related to any information received from or through the Service.
5. Your Posts
A. You are solely responsible for the Content that you post on or through the Service, or otherwise transmit to or share with other users (collectively, the "User Content"). You may not post or share User Content on the Service that you did not create or that you do not have permission to post.
B. You acknowledge that GJ does not pre-screen or approve User Content, but that GJ shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any User Content that is available via the Service, in connection with violations of the letter or spirit of the ToS or for any other reason.
C. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), prepare derivative works of and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
D. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, prepare derivative works of, distribute, display and perform such Content as permitted through the functionality of the Service and under this ToS.
E. GJ does not assert any ownership over your User Content. As between you and us, you retain full ownership of all of your User Content and any intellectual property rights associated with your User Content, subject to the rights granted in this ToS.
F. The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for granting you access to the Service, you agree that GJ and its third party providers, sponsors and partners may place such advertising on the Service in connection with the display of your User Content.
6. User Conduct
A. You represent, warrant and agree that no User Content of any kind posted through your account or otherwise shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; be in violation of any law or used in furtherance of any such violation; or contain libelous, defamatory or otherwise unlawful material. B. In addition, you agree not to use the Service:
to post or otherwise make available any Content that may be deemed harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
to post or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
to post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
to post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
to post or otherwise make available any material that 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;
to gain access to another's account, service or system without authorization from the Company, in any manner that disguises the origin of any information transmitted by you or that circumvents any security or content restriction measures on the Service
to post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
7. License to Use the Service
A. Subject to compliance with this ToS, GJ grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GJ in writing.
B. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service (but not caching). In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from GJ.
C. GJ may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
8. Intellectual Property Rights
A. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, and/or copying or reproducing the Content or any portion thereof to any other server or location for non-personal use is prohibited without the express written consent of GJ.
B. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary. You agree that GJ, its third party providers, sponsors and partners will be entirely free to use such feedback, comments or suggestions without any restrictions or obligation to compensate you or any third parties.
C. Good Judgment™ and the graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of GJ, its third party providers, sponsors and partners in the U.S. and/or other countries (“Trademarks”). The Trademarks and trade dress of the Service may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
D. GJ respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
Good Judgment, Inc.
Attn: Copyright Agent
2 Park Avenue, 20th Floor, New York, NY 10016
Email: [email protected]
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. A link to your published notice may be displayed on GJ in place of the removed content.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, GJ will also terminate a user's account if the user is determined to be a repeat infringer.
A. The Company its affiliates, and partners are not responsible or liable in any manner for any Content posted on the Service, whether posted or caused by users, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Service and are not responsible for any inaccurate, offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on the Service. The Company, its affiliates and partners are not responsible for the conduct, whether online or offline, of any user.
B. The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to users or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service or any posted on or through the Service or transmitted to or by users, or any interactions between users, whether online or offline.
C. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND GJ, ITS PARTNERS AND AFFILIATES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE OR ANY OF THE SERVERS USED TO OPERATE THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
D. The Company reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
11. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE COMPANY AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE IN THE IMMEDIATELY PRECEDING TWELVE MONTHS, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your account, delete your profile and any User Content that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
13. Governing Law; Venue and Jurisdiction
By visiting or using the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this ToS and any dispute of any sort that might arise between you and the Company. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.
YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS TOS AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”), in New York, New York, in accordance with AAA rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS TOS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of this ToS or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service.
This ToS constitute the entire agreement between you and the Company regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service. The failure of the Company to exercise or enforce any right or provision of this ToS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this ToS shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this ToS and shall not affect the validity and enforceability of any remaining provisions.