Post: June 16th, 2014
Last Modified: July 7, 2016
Welcome to Guru! We (the peeps from Guru) are thrilled to have you use our Service. Guru is designed to capture, store, surface, share and facilitate the verification of relevant content that you or your team use on a frequent basis.
With exception to accessing the public areas of Guru's website, when using our Service, you will be required to register with your e-mail address. If authenticating to the Service using a third party account (i.e. Google Sign-In), you must adhere to the authentication and rights of use setforth by such third party service. You represent and warrant that you have the right and authority to access the Service via your e-mail address.
If you access the Service with an e-mail address provided by your employer, you confirm that it is permissible for you to use such e-mail address associated with your employer's domain and that your use of the Service shall be in compliance with your employer's terms and policies, as well as any third party service authentication and rights of use policies (i.e. Google Sign-In). Please refer to your employer or e-mail provider if you have questions regarding their access rights and their data handling practices. Guru cannot control, and cannot assume responsibility for, the practices or restrictions imposed by your employer and/or e-mail provider surrounding your use of the Service.
Our Service allows you to share information, text, communications, web links, e-mail messages and other data ("Content", including what we refer to as "cards" or "boards" or "Guru Cards" or "Guru Boards") with others. When using our Service, you control what Content you share.
You agree and warrant that you will only upload, copy, share or otherwise utilize (collectively, "Use") Content on or through the Sites that you have the right and authority to Use. You are responsible for securing any necessary rights from others in order to Use any Content belonging to them. To the extent that you own any of the Content, you recognize and agree that, once you share it with others, it may be re-distributed and, in the course of the distribution stream, others may modify, copy and use your Content. You agree that Guru has no responsibility or liability in connection with the use or misuse of your Content by others as a result of your use of the Service. Guru has the right to process, share, host, backup and otherwise use the Content to the extent necessary to provide you with the Service.
You are responsible for: (a) ensuring the quality and accuracy of the Content; (b) ensuring that the Content, and your conduct in connection with your use of the Service, complies with these Terms (including our Acceptable Use policy below) and any and all applicable laws and regulations; (c) ensuring that you do not upload, copy, download, use or share Content unless you have the right to do so; (d) promptly handling and resolving any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person's rights; and (d) maintaining appropriate security by protecting your account information (including your password and other login information) to the Service. You shall notify us immediately of any unauthorized use or loss of any of your account information or any other breach of security with respect to your use of the Service. Your rights of use in the Service are subject to cancellation or suspension by us at any time if we have a reasonable belief that your account information is being misused, used by an unauthorized user, or if you have breached these Terms.
In connection with your use of our Service, you are prohibited from (1) accessing, tampering with, reverse engineering, decompiling or using non-public areas or parts of the Service (including all such source and object code), or shared areas of the Service you have not been granted expressed rights of use, or attempting to use or gain unauthorized access to our or to any third-party's networks or equipment; (2) permitting other individuals or entities to copy all or any portion of the Service; (3) providing unauthorized access to or use of any user IDs, login keys or passwords that we may provide you to enable you to activate or access the Service, which explicitly prohibits your use of shared e-mail addresses or group e-mail addresses; (4) attempting to probe, scan or test the vulnerability of the Service or any system or network of Guru or any of our customers or suppliers; (5) interfering or attempting to interfere with any service which we provide to any user, host or network; (6) engaging in fraudulent, offensive or illegal activity of any nature; (7) uploading, copying, sharing or utilizing any content, or engaging in any activity, that is pornographic, obscene, harassing, abusive, slanderous or defamatory or that encourages, promotes or expresses racism, hatred, bigotry or violence; (8) uploading, copying, sharing or utilizing any Content, or engaging in any activity, that infringes the intellectual property rights or privacy rights of any individual or third-party; (9) transmitting unsolicited bulk or commercial messages; (10) intentionally distributing worms, Trojan horses, viruses, corrupted files or any similar items; (11) restricting, inhibiting, interfering with or otherwise disrupting or causing a performance degradation to any Guru (or Guru supplier) facilities used to deliver the Service; or (12) modify or create derivative works of the Service. Guru may in its sole discretion determine whether your use of the Service is a violation of this Acceptable Use Policy and, if so, we may suspend or terminate your ability to use the Service.
Guru is responsible for providing the Service in accordance with these Terms. We will implement commercially reasonable measures which are designed to safeguard and protect the security, confidentiality and integrity of information that you provide to or through the Service (including your Content).
Upon your prior written consent, which consent shall not be unreasonably withheld, Guru shall have the right to use your name, as well as any potential feedback provided by you to Guru or its contractors, for marketing or promotional purposes on, yet not limited to Guru's website and/or in other communications with existing or potential Guru customers.
Your right to use the Services is provided on a subscription basis for a specified term (referred to collectively as the "subscription term" as licensed on a monthly or annual basis, unless otherwise agreed to by the parties in writing). Either party may cancel your subscription (and your right to use the Service) at the end of any subscription term by providing the other party with at least fifteen (15) days advance written notice prior to the end of such subscription term, which notice shall specify the parties' intent to cancel the subscription. Notices to Guru shall be sent to firstname.lastname@example.org or in such other manner as is authorized under the "Notice" provision below. We can send notices of non-renewal to you at the e-mail address you provide to us upon registration and such notification shall be deemed effective when sent. If no notice is provided, the Service will automatically renew for an equivalent renewal term and payment will be due therefor. Your subscription term may also be terminated or suspended in accordance with the provisions of these Terms.
To the extent that you subscribe to the Service for an associated license fee (as per the then-current pricing and editions denoted on our published website), you will be required to provide your contact information and select a method of payment (credit card) to process such recurring payments and any applicable taxes. Once the in advance payment is processed by Guru, the purchased features for specified number of users will be enabled within your Guru Service account. The length of the subscription term for the Service shall be on a specified (monthly or annual) basis as described in the "Subscription Term" section above.
All right, title, and interest in and to the Service (excluding Content provided by you), and to all software and other technology and other work product used or displayed in connection with the delivery of the Service, are and will remain the exclusive property of Guru and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you the right to use Guru's trademarks, logos, domain names, and other distinctive brand features.
In the event that you submit any ideas, comments, suggestions, proposed modifications or enhancements, or other feedback relating to the Service (collectively, "Feedback"), we shall automatically own such Feedback without compensation to you and you hereby assign all rights in such Feedback to Guru. For clarity, Guru may use your Feedback for any purpose, and shall own any and all work product or developments created based thereon or related thereto.
Guru may revise these Terms from time to time and at our sole discretion. When such changes are effected, Guru will publish an updated version on our website: www.getguru.com/terms-of-service. The changes will become effective and will be deemed accepted by you, (a) immediately for those who register for the Service after the updated version is published on Guru's website, or (b) for those having pre-existing accounts, the updated Terms will be deemed effective with your continued use of the Service. You have rights to dispute an updated term which materially alters your rights or obligations (with exception to changes required by law) within five (5) business days from the date of the new Terms being published, upon written notification to: TOS@getguru.com. Please note: Your rights and access to the Service may be temporarily disrupted until such dispute is resolved between you and Guru. If we are unable to resolve the dispute within thirty (30) days of your written notification of dispute, the Service will be terminated.
Guru respects the intellectual property of others. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at: Copyright Agent, Guru Technologies, Inc., 32 S. Strawberry Street, 3rd Floor, Philadelphia, PA 19106 or at TOS@getguru.com. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
These Terms will continue to apply until the Service is cancelled or terminated as set forth below:
Upon cancellation of the Service by you in accordance to the Subscription Term section above, your rights to access the Service and payment obligation shall continue until your renewal term anniversary date. Guru shall then disable your access to the Service, which shall cease your continued rights of use, unless Guru has otherwise agreed to continued rights of use in writing. Guru may delete your Content from the Service after thirty (30) days has elapsed from date of Cancellation or Termination. During this 30-day period, at your request, we will make your Content available for you to download.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GURU AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH, OR CONNECTION WITH, THE USE OF OUR SERVICE OR FOR ANY HYPERLINKED WEBSITE OR SERVICE, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY TRANSACTION YOU ENTER INTO WITH ANY SUCH THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GURU, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL GURU BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
IN NO EVENT WILL THE AGGREGATE AND CUMULATIVE LIABILITY OF GURU, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE MORE THAN THE FEES WHICH YOU PAID TO GURU FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE INITIAL CLAIM BROUGHT BY YOU AGAINST GURU. IF YOU RECEIVE THE SERVICE FOR NO FEE (FOR EXAMPLE, IF YOU ARE A BETA CUSTOMER WHO IS RECEIVING THE SERVICE AT NO FEE), THEN YOU ACKNOWLEDGE AND AGREE THAT, AS A RESULT, YOU SHALL HAVE NO RIGHT TO RECOVERY OF FEES IN CONNECTION WITH THE SERVICE AND THAT THIS IS FAIR AND EQUITABLE IN EXCHANGE FOR YOUR YOUR RIGHT TO USE THE SERVICE AT NO FEE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND SHALL BE LIMITED TO THE EXTENT SO REQUIRED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Guru and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, including any data or Content transmitted, uploaded, copied or shared by you, any other party's access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.
These Terms will be governed by the State of Delaware law except for its conflicts of law principles. The State (and, to the extent jurisdiction exists) and Federal Courts located within Wilmington, Delaware shall have exclusive jurisdiction over any and all disputes arising out, or relating to or concerning, these Terms or the Service or any site or application through which the Service is delivered.
Our Service is not intended for and may not be used by people under the age of 13. By using our Service, you are representing to us that you're over 13. In addition, you may only access and use the Service if you have the power to enter into a binding contract with Guru. If you are under the age of 18 years old, you must have your parent or guardian review and agree to these Terms on your behalf before you may use the Service.
Guru's failure to enforce a provision is not a waiver of its right to do so at a later date. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Neither party may assign their rights associated with the Service, without the other party's prior written consent to such assignment, which consent shall not be unreasonably withheld. However, you may assign your rights associated with the Service to an affiliate or to any person or entity that is acquiring all or substantially all of your assets or which is a successor by merger, consolidation, acquisition of stock or assets, or other business combination without Guru's written consent, with exception to a company that is viewed as a direct competitor of Guru.
We may provide notifications, whether these are required by law of, are for marketing, or other business related purposes, to you via email, written or hard copy notice, or through posting of such notice on our website, as determined by us at our sole discretion. You can opt out of certain types of notifications through your settings page.
Except as described below, any notice required or permitted to be given to either party under these Terms shall be in writing and sent to the parties at their then-current address (with respect to Guru, its current address is 32 S. Strawberry Street, 3rd Floor, Philadelphia, PA 19106), with such notice deemed effective: (i) three (3) days after deposit in the United States mail, postage prepaid, addressed as follows; or (ii) upon delivery if delivered by a reputable personal messenger or by a nationally-recognized overnight courier.. Notwithstanding the above, in lieu of the notice requirements above: (i) you may notify us of the non-renewal of a subscription by sending us written notice at email@example.com;(ii) we may notify you of non-renewal by sending the notification to your e-mail address as described in the "Subscription Term" provision above; and (iii) we may change these Terms as described in the "Changes to Terms" provision above.
Our Service may facilitate links to sites operated by third parties ("Linked Third Party Site") or may otherwise provide access to content, products and services of third parties ("Third Party Products"). However, we have no responsibility for, or control over, these Linked Third Party Sites or the Third Party Products, all of which may have separate privacy and data collection practices, independent of Guru. At such, you access these sites and products at your own risk.
These Terms, together with any amendments and any additional agreements you may enter into with Guru in connection with the Service, will constitute the entire agreement between you and Guru concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.