Terms and Conditions of Service
These Terms of Service (the “Agreement”) are entered into by and between you (“you” or “user”) and Garbo Technology Corp., a 501(c)(3) nonprofit, (“Garbo,” “we,” or “us”).
This Agreement, together with any documents this Agreement expressly incorporates by reference, governs your access to and use of the Garbo platform, along with all websites, social media accounts, content, information, features, tools, resources, online offerings, applications, and other products and services produced, maintained, distributed, or provided by Garbo Technology Corp. (“Garbo,” “we,” or “us”), whether you access or use those products and services as a guest or a registered user (collectively, the “Platform”).
Please read this Agreement carefully. This is a legal contract between you and Garbo.
Accessibility: If you are having any trouble accessing this Agreement or the Platform, please contact us at firstname.lastname@example.org. Our hours of operations are: Monday-Friday 9am-5pm EST.
1. Acceptance of Agreement & Use of the Platform
By accessing or using the Platform or any other products or services made available or enabled via the Platform, clicking on a button, or taking another action to signify your acceptance of this Agreement, you: (a) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Platform; (b) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (c) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Platform. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Platform.
Garbo is a nonprofit entity and is not a consumer reporting agency. You may only use the Platform for your personal and non-commercial purposes. In no event may you use the Platform or any information therein to establish, offer or evaluate someone for employment, credit, healthcare, or insurance.
2. Information Submitted Through the Platform
Garbo’s database comes from public records and other third party sources. We do not generate the data ourselves. Our data sources may not always be accurate or complete. Therefore, the absence of a record for someone on Garbo does not mean that no information exists. Further, if data is incorrect in a public records database, then it will be incorrect in Garbo. Please use caution.
Garbo, alongside experts and advocates, has developed an offense reporting policy (the “Offense Reporting Policy”) under which Garbo strives to report only those offenses that are relevant to the search conducted by the user. You can read more about Garbo’s Offense Reporting Policy here. The Offense Reporting Policy is continuously evolving and all users should review Terms of Service on a regular basis. We do not guarantee that the offenses reported in search results on the Garbo platform will be the most relevant to you. If you have questions about the Offense Reporting Policy, please contact email@example.com.
3. Jurisdictional Issues
The Platform is controlled and operated from the United States and is not intended to subject Garbo to any non-U.S. jurisdiction or law. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations of the jurisdiction in which the Platform is used. We may limit the Platform's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Rules of Conduct
In connection with the Platform, you must not:
- Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Use the Platform for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful;
- Harvest or collect information about users of the Platform;
- Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure or policy of such servers or networks;
- Restrict or inhibit any other person from using the Platform;
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Garbo's express prior written consent;
- Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law;
- Remove any copyright, trademark or other proprietary rights notice from the Platform;
- Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Garbo's express prior written consent;
- Systematically download and store Platform content;
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without Garbo's express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform's root directory, Garbo grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Garbo reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; or
- Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; or (e) likely to incite immediate violence.
- You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.
5. Registration; Account Password and Security.
You must register to use certain aspects of the Platform. To register an account and search on Garbo, you must verify an email address and phone number pursuant to Garbo’s verification process. Your username, password, and passphrases are for your personal use only and should be kept confidential; you, and not Garbo, are responsible for any use or misuse of your username or password or passphrase, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password or passphrase, or your Platform account. We may reject, or require that you change, any username, password or other information that you provide to us in registering.
6. Other Information Provided; License.
If you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Platform or otherwise, regardless of the manner or medium in which it is received by Garbo, you hereby grant to us a non-exclusive, royalty-free, fully compensated, worldwide, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third-party, to reproduce, distribute, analyze and otherwise use such Feedback. Further, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Garbo under any fiduciary or other obligation.
7. Garbo's Proprietary Rights.
We and our suppliers own all rights, title, and interest in and to the Platform. The Platform is protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Garbo grants you a limited license to use the Platform solely for your personal non-commercial purposes. Any future release, update or other addition to the Platform shall be subject to this Agreement. Garbo, its suppliers and service providers reserve all rights not granted in this Agreement.
Garbo’s name and other related graphics, logos, service marks and trade names used on or in connection with the Platform are the trademarks of Garbo and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Platform are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
8. Third-Party Materials; Links.
Certain Platform functionality may make available access to information, products, services and other materials made available by third parties ("Third-Party Materials"), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Garbo with respect to any Third-Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third-Party Materials through the Platform does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
9. DISCLAIMER OF WARRANTIES.
THE PLATFORM AND ANY THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. GARBO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND ANY THIRD-PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH GARBO AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the Platform and the information therein, we do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. Information in the Platform databases come from public and private data sources, and Garbo is not responsible for the content of such information. The Platform may include inaccuracies or errors.
10. LIMITATION OF LIABILITY.
GARBO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, PERSONAL INJURY, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, GARBO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY THIRD-PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ANY THIRD-PARTY MATERIALS IS TO STOP USING THE PLATFORM.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Garbo and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your use of, or activities in connection with, the Platform (; (b) reliance upon any information in the Platform; and (c) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. Garbo may terminate or suspend your use of the Platform at any time and without prior notice, including if Garbo believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Platform will immediately cease, and Garbo may, without liability to you or any third-party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.
13. Governing Law; Venue.
The terms of this Agreement are governed by the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. All disputes arising out of or related to this Agreement or any aspect of the relationship between You and Garbo, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall and must be brought before a Court of competent jurisdiction in the State and County of New York.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the following Wikipedia Page: Comparison of Content-Control Software Providers. Please note that Garbo does not endorse any of the products or services listed on such site.
15. Information; Review Requests; Complaints.
If you have a question or complaint regarding the Platform, please send an email to firstname.lastname@example.org.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Garbo. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." THIS AGREEMENT, INCLUDING ANY TERMS AND CONDITIONS INCORPORATED HEREIN, IS THE ENTIRE AGREEMENT BETWEEN YOU AND GARBO RELATING TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES ANY AND ALL PRIOR OR CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS OR UNDERSTANDINGS BETWEEN YOU AND GARBO RELATING TO SUCH SUBJECT MATTER. Notices to you (including notices of changes to this Agreement) may be made via posting to the Platform or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Garbo will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.