Last Updated: January 2012
IMPORTANT -- PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING THE GOHOW AVIATION MARKETING PLATFORM, INCLUDING WITHOUT LIMITATION, ANY OF ITS RELATED PLATFORMS, WEBSITES, WAP AND IPHONE SITES, APPLICATIONS, FEATURES, TOOLS, DOWNLOADS AND SERVICES (COLLECTIVELY, “goHow”), ON ANY PORTABLE WIRELESS DEVICE, INCLUDING WITHOUT LIMITATION CERTAIN BLACKBERRY, ANDROID AND IPHONE (OR OTHER APPLE) PORTABLE DEVICES. THESE TERMS AND CONDITIONS, AS MAY BE AMENDED FROM TIME TO TIME, CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND [SAPIENT CORPORATION] (“SAPIENT”). YOUR USE OF ALL OR ANY OF goHow SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT COMPLETE ANY REGISTRATION PROCESS AND/OR ATTEMPT TO ACCESS OR USE goHow, WHETHER IN WHOLE OR IN PART, IN ANY MANNER.
Welcome to goHow, the highly acclaimed traveler’s web portal! This Agreement is a contract between you and Sapient and governs your use of goHow. The terms and conditions set forth herein govern your use of goHow on the portable device by you connecting to goHow, or via any other wireless and mobile means (a “Wireless Device”). By using goHow or any element thereof, you represent that (i) you have read and understood this Agreement and agree to be bound by its terms and conditions and (ii) you are at least 16 years of age. You acknowledge this Agreement and its terms herein are solely between Sapient and you, and not with Apple Inc. (“Apple”), Research In Motion Limited (“RIM”), Google Inc. (“Google”) or any of their respective affiliate entities. Except as otherwise expressly set forth herein, SAPIENT, not any of the wireless carriers and/or device manufacturers, is solely responsible for goHow and the content thereof, subject to the terms and conditions herein.
SAPIENT may from time to time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at http://www.ionosplatform.com If you do not agree to be bound by (or cannot comply with) the Agreement as amended, your only remedy is to cancel your goHow account and cease to use goHow. You will be deemed to have accepted the Agreement, as amended, thirty days after the amended agreement is posted or if you continue to use goHow; all other terms of this Agreement will continue in effect.
goHow includes all of the features that are made available to you as well as the underlying technology and content management platform that is either owned by or licensed to SAPIENT, as the same shall exist from time to time. Certain elements and/or features of goHow makes available to you downloadable content, information and applications (collectively, the "Downloads"). Once properly registered, you may be permitted to download to your Wireless Device certain Downloads through goHow. In addition, SAPIENT intends to roll out further functionalities, features and applications through goHow, which may include new and improved Downloads, message boards, the ability to post reviews and other mechanisms through which you will eventually be able to send messages, content and information via goHow (the "Messaging Systems").
In order to use certain features of goHow, you may be required to register and provide certain information about yourself (e.g., name, country or territory of residence and billing information) to SAPIENT ("Registration Data"). You agree to provide current, complete and accurate Registration Data at the time you register and that you will update your Registration Data as necessary to keep it current, complete and accurate in the "My Account" area of goHow. SAPIENT will use your Registration Data in accordance with its privacy policy, which you can review at http://www.ionosplatform.com/mobile/privacy.html. Please review this privacy policy before you complete the registration process or attempt to use or access goHow. You further agree that you will not allow others to use your member name, password and/or account. You agree to indemnify and hold SAPIENT and the SAPIENT Entities (as defined below), as applicable, harmless for any improper, unauthorized or illegal uses of your member name, password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your user name, password and/or account.
(i) Service. You may use goHow only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of goHow from time to time. goHow is being made available to you for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of goHow, including the Downloads, for any reason without SAPIENT’S express prior written approval. For example, you may not copy or distribute goHow in any manner not expressly authorized herein. In addition, you may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with goHow, including the Downloads and underlying platform technology. You agree to advise SAPIENT promptly of any such unauthorized use(s) or attempt(s). GOHOW IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
SAPIENT DOES NOT PROMOTE,
RECOMMEND OR CONDONE USE OF GOHOW DURING CERTAIN ACTIVITIES, SUCH AS AUTOMOBILE
DRIVING, WHERE THERE IS RISK OF ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE OR
DEATH. YOU AGREE NOT TO USE GOHOW DURING SUCH ACTIVITIES, AND WARRANT, REPRESENT
AND CERTIFY TO SAPIENT THAT YOU WILL NOT DO SO.
(ii) Downloads. You understand and acknowledge that the Downloads made
available as part of goHow are owned by SAPIENT, its business partners,
affiliates and/or licensors, as applicable, and are protected by intellectual
property laws. SAPIENT grants you a limited, non-exclusive,
non-transferable, revocable right to download the Downloads to your compatible
device solely for your own non-commercial use. You understand and agree that you
may not download, reproduce, modify, display, perform, transfer, distribute or
otherwise use the Downloads except as expressly provided in this Agreement. You
understand and agree that you may not authorize, encourage or allow any
Downloads used or obtained by you to be reproduced, modified, displayed,
performed, transferred, distributed or otherwise used by any other party, and
you agree that you will take all reasonable steps to prevent any unauthorized
reproduction and/or other use of them. You further acknowledge that select
downloads may not be available in all areas, and as a result, you may not be
able to access all Downloads and related applications that are otherwise
available to users of goHow.
(iii) Loss of Rights by SAPIENT. SAPIENT’s right to make certain applications
and tools available to you over goHow may expire. In such event, SAPIENT shall
not be required to deliver to you the license necessary to play back, utilize
and deploy any such Downloads, applications and tools after the end of the
period in which such rights expire. If SAPIENT ceases making any such rights
available, you shall cease to use the applicable Download immediately.
(iv) Customer Support. Please direct any questions concerning goHow to a
customer service representative by e-mail at: support@ionosplatform.com.
You acknowledge that SAPIENT, neither Apple nor Google nor RIM, is responsible
for addressing any customer and technical support issues that arise in
connection with your use of goHow. Accordingly, Apple, Google and RIM have
no obligations whatsoever to furnish any maintenance and support services with
respect to goHow. The foregoing notwithstanding, You shall not be entitled
under this Agreement and SAPIENT is not warranting that you will receive any
updates, upgrades, or corrections to goHow, nor any particular support services.
(v) Government Users. goHow and its related documentation
and materials are "Commercial Items", as that term is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to
U.S. Government end users (a) only as Commercial Items and (b) with only those
rights as are granted to all other end users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright laws of
the United States.
(vi) Internet Access. goHow is designed
for Wireless Devices with Internet access and functionality. When Internet
access is not available and/or if your Wireless Device is not otherwise
compatible for any reason, goHow will have limited functionality. You are
responsible for ensuring your own Internet access as well as any and all
service, data and other wireless carrier fees associated therewith.
(vii) Communicating with goHow. When you use goHow
and/or communicate with SAPIENT in any manner, you are communicating
electronically. You consent and opt-in to receive communications from SAPIENT by
electronic means, which may include electronic mail, posting notices on our
sites, SMS text messages or other means selected and used by SAPIENT from time
to time. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You may also opt out from
receiving further goHow-related electronic mail messages by unsubscribing
through our sites or through the means made available to you by SAPIENT.
(viii) Hardware and Equipment.You shall be responsible for obtaining and maintaining any equipment or
ancillary services needed to connect to, access or otherwise use goHow,
including, without limitation, compatible Wireless Devices and other hardware
devices, software, and other Internet, wireless, broadband, phone or other
mobile communication device connection services. You shall be responsible for
ensuring that such equipment or ancillary services are compatible with goHow and
you shall be responsible for all charges incurred in connection with use of
goHow in connection with all such equipment and ancillary services.
Without limiting the generality of the foregoing, you acknowledge that your use
of goHow may cause you to incur third party (e.g., your Wi-Fi access provider)
fees or charges in connection with your use of data, messaging and other
wireless access. Check with your wireless access provider to verify whether any
such fees or charges may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS
YOU INCUR TO ACCESS OR USE ANY APPLICATION OR SERVICE THROUGH THE SOFTWARE ON
YOUR MOBILE DEVICE.
(ix) Data Collection. goHow is configured to report back information
automatically relating to computer or device errors arising in connection with
use thereof, without notice to you, and information on your software
configuration settings may be included. This data is sent to SAPIENT to help
diagnose performance issues with and improve goHow. goHow may also provide
SAPIENT with anonymous information about your use of features on goHow.
(x) Location Based Services.. goHow may access Location Based Services (GPS location) available on your device in the event that application permissions are sufficient to access this information. Location information will be used to suggest airports for browsing based on your current location, and for the targeting of advertisements and/or promotions. Your location information will not be stored or persisted in any way in connection with any personally identifiable information (PII). Location information may be stored only for the purpose of reporting at a later date.
In addition to the terms and conditions set forth herein and to the extent you access goHow via the IPhone or any other Apple mobile device, your use of goHow shall also be governed by the Usage Rules set forth in Section 9.b. of Apple’s App Store Terms and Conditions, which are incorporated herein by reference. This Agreement and the rights granted to you herein do not permit you to use goHow on any Wireless Device that you do not own or control, nor shall you distribute or make available goHow over a network where it may be used by multiple devices at the same time.
SAPIENT is not responsible to you for any content or materials constituting all or part of goHow that you might find objectionable.
(i) General. goHow features or is intended at some point in the future to feature a Messaging System that may include text message capabilities and may from time to time contain other features that allow you to exchange messages, content and other information across goHow such as reviews. SAPIENT and the SAPIENT Entities all have the right but not the obligation to monitor and edit or remove any activity or content in such Messaging Systems. SAPIENT takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other SAPIENT users or third parties post or send over the Messaging Systems. In addition, you shall have no recourse against SAPIENT if SAPIENT, in its sole discretion, decides to delay or cancel the roll-out of the Messaging System contemplated herein.
(ii) Restrictions. You may not use goHow (or any part of it, including but not limited to the Messaging Systems) to upload, post, transmit, display, perform or otherwise make available to SAPIENT users or third-parties any messages, content or materials that are illegal, obscene, threatening, defamatory or invasive of privacy; violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; infringe intellectual property or other third-party rights; harm minors in any way; comprise or contain software viruses or other computer code designed to interfere with the functionality of any computer systems, software or hardware; interfere with or disrupt goHow (including the flow of dialogue or other exchange of information in any Messaging System) or any networks or servers connected to or by goHow; constitute unsolicited bulk email, political campaigning, commercial solicitation, chain letters, pyramid schemes, mass mailings, or any form of spam; or violate (intentionally or unintentionally) any applicable local, state, national or international law. In addition, you may not use a false or masked email address or other form of user ID, impersonate any person or entity (including but not limited to other SAPIENT users and employees of SAPIENT, its affiliates or licensors), or otherwise mislead other SAPIENT users or third parties as to your identity or to the origin of a message or content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of goHow is solely your responsibility. In addition to the foregoing, SAPIENT shall be under no obligation to post any or all of the messages that you desire or attempt to transmit via the Messaging Systems.
(iii) SAPIENT’s Rights. By posting messages, inputting data, or engaging in any other form of communication through goHow, you represent and warrant that you own or otherwise control all applicable rights to the content, materials, messages and the like that you post, upload, transmit or display; that the content, materials, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify SAPIENT and the SAPIENT Entities, as applicable, for all claims resulting from content, messages, materials and the like that you supply. In addition to the above, you acknowledge and agree that SAPIENT may store and/or disclose, as applicable, any such content, messages or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such content (or your use of the same) violates any third party's rights; or to protect the rights, property or personal safety of SAPIENT, its business partners, affiliates, licensors and/or licensees, any other SAPIENT user or the general public.
By using goHow, you hereby agree to abide by U.S., Canadian and other applicable export control laws. You acknowledge that neither goHow nor any of its underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country subject to a United States embargo; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using goHow you are agreeing to the foregoing and are representing and warranting that (i) no United States federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export goHow to any prohibited country, or to any prohibited person, entity, or end-user as specified by United States export controls. You are further responsible for complying with all trade regulations and laws, both foreign and domestic.
(i) Privacy Policy. As between SAPIENT and you, all SAPIENT User Data will be owned by SAPIENT. The data collected via SAPIENT will be subject to goHow’s standard privacy policies and the security, as well as the privacy and confidentiality provisions contained in this Agreement. For purposes of this Agreement, “SAPIENT User Data” includes all information collected by SAPIENT in connection with your use of goHow.
(ii) PII. At a minimum, goHow privacy policy provides: (a) what personally identifiable information (“PII”) is collected and how it will be used by that party, (b) whether PII is shared with third parties, (c) the use of any tracking technology employed within goHow, and (e) what security measures are in place to protect the PII. For additional information regarding SAPIENT’s use of information collected in connection with goHow, please refer to the goHow Privacy Policy, a copy of which is available at http://www.ionosplatform.com/mobile/privacy.html.
(i) General. goHow contains or comprises materials protected by copyright and other intellectual property rights that are owned by SAPIENT and/or one or more of the SAPIENT Entities. Your rights with respect to your use of the same are governed by all the terms and conditions of this Agreement, all applicable laws, including but not limited to, intellectual property laws, and any applicable end-user license agreements. For the avoidance of doubt, your use of goHow is strictly under license, and you will not obtain any ownership interest in or to goHow through this Agreement or otherwise. Nothing in this License Agreement constitutes a waiver of SAPIENT’S rights under U.S. or international copyright law or any other federal or state law. THE USE OF goHow OR ANY PART THEREOF, EXCEPT FOR USE AS EXPRESSLY PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
(ii) Notices. SAPIENT respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any third party user’s use of goHow constitutes copyright infringement, please send a notice to SAPIENT via email to support@ionosplatform.com.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with goHow are the property of SAPIENT and/or the SAPIENT Entities. Any trademarks, service marks, logos and other inidica of origin that relate to the iPhone and/or iPod Touch are the exclusive property of Apple, and those which relate to Blackberry are the exclusive property of RIM, and those which relate to Android are the exclusive property of Google. Other trademarks that are adopted from time to time by SAPIENT and used in connection with goHow are those of its rightful owner. You may not copy, display or use any of these marks without prior written permission of the applicable mark owner.
If SAPIENT: (a) receives a notice alleging that you have engaged in any form of infringing behavior or (b) reasonably suspects that your use of goHow violates SAPIENT’s or others' intellectual property rights, SAPIENT may, in its sole discretion, suspend or terminate your use of goHow with or without notice to you. If SAPIENT suspends or terminates your use under this paragraph or otherwise, it shall have no liability or responsibility to you. In addition, you may not use any meta tags or any other "hidden text" utilizing SAPIENT’s name or trademarks or those associated with goHow without the express written consent of SAPIENT. Any unauthorized use terminates the permission or license granted hereunder by SAPIENT.
In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of goHow (or any Downloads accessible on or through goHow), or your user name or password.
SAPIENT and/or its business partners may present advertisements and promotional materials on or through goHow. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through goHow, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither SAPIENT nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on goHow.
goHow may present links to retailers and/or other third-party websites not owned or operated by SAPIENT. These links are provided only as a convenience to you. Neither SAPIENT nor any of the SAPIENT Entities are responsible for the availability of these outside sites or their contents. You understand and agree that neither SAPIENT nor the SAPIENT Entities are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.
SAPIENT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, goHow (or any element or feature thereof) with or without notice to you. You agree that neither SAPIENT nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of goHow for any reason.
You understand and agree that any unauthorized use of goHow would result in irreparable injury to SAPIENT and/or the SAPIENT Entities for which money damages would be inadequate, and in such event SAPIENT and/or the SAPIENT Entities, as applicable, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that SAPIENT and/or the SAPIENT Entities may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You agree to indemnify and hold harmless SAPIENT and the SAPIENT Entities from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use and/or alleged use of any aspect of goHow (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
SAPIENT may, in its sole discretion, terminate this Agreement or suspend your account at any time with or without notice to you for any reason. If SAPIENT terminates this Agreement or suspends your account, it shall have no liability or responsibility to you. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with SAPIENT. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or SAPIENT’s enforcement or application of the same; (2) any policy or practice of SAPIENT, including its Privacy Policy, or SAPIENT’s enforcement or application of these policies; (3) the Downloads or the Messaging Systems; (4) your use of and/or ability to access and use goHow; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your account by delivering notice to SAPIENT at support@ionosplatform.com. Cancellation for subscribers will take effect at the end of the Subscription Month during which you deliver notice to SAPIENT.
(i) Disclaimer. You understand and agree that your use of goHow is at your own sole risk. goHow IS PROVIDED "AS IS" AND WITHOUT WARRANTY BY SAPIENT OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS, APPLE, GOOGLE, RIM AND/OR SUPPLIERS (COLLECTIVELY, THE "SAPIENT ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SAPIENT AND THE SAPIENT ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT goHow WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. SAPIENT AND/OR THE SAPIENT ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF goHow WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD SAPIENT AND/OR THE SAPIENT ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING goHow OR USING goHow INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO SAPIENT AND/OR THE SAPIENT ENTITIES AS APPLICABLE. IN ADDITION, UNDER NO CIRCUMSTANCES SHALL SAPIENT AND/OR THE SAPIENT ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF goHow.
(ii) Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SAPIENT AND/OR THE SAPIENT ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE goHow, EVEN IF SAPIENT AND/OR THE SAPIENT ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, SAPIENT AND/OR THE SAPIENT ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.
(i) UN Convention of Contracts. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
(ii) Choice of Law; Venue. The laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law rules, govern this Agreement and your use of goHow. You expressly agree that the courts in the Commonwealth of Massachusetts have exclusive jurisdiction over any claim or dispute with SAPIENT or relating in any way to your account or your use of goHow. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts of Massachusetts in connection with any such dispute including any claim involving SAPIENT or any of the SAPIENT Entities.
(iii) Awards to China Residents. If you are located in the Peoples Republic of China, and in the event that an award granted by a court of competent jurisdiction in Commonwealth of Massachusetts is not at the relevant time recognized or enforceable through the courts of the Peoples Republic of China you agree that SAPIENT may, in its sole discretion, choose to pursue any dispute or claim by way of arbitration through the Arbitration Committee of China International Economic Cooperation and Trade. Both parties will accept and abide by the ruling of such arbitration and both parties shall agree that Chinese law shall apply to the explanation, implementation and dispute settlement of this Agreement and any arbitration ruling. Nothing herein shall prevent SAPIENT from applying to the courts of the Peoples Republic of China for injunctive or other interim relief.
This Agreement and any other terms or documents referred to herein represent your entire agreement with SAPIENT with respect to your use of goHow. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SAPIENT’s failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
Copyright (C) 2010 Sapient Corporation and/or its suppliers. 131 Dartmouth Street, Boston, MA 02116. This product may incorporate one or more pending patents. All rights reserved. SAPIENT is a registered trademark of Sapient Corporation and goHow, and IONOS are trademarks of Sapient Corporation.