Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and GoMotion, Inc., a California corporation with offices at 1804 Garnet Ave #601, San Diego, CA 92109 (“GoMotion,” “we,” “us,” “our”). They govern your access to and use of gomotion.pro, the consumer marketing websites and landing pages we operate, and any related forms and messaging programs (together, the “Service”).

By using the Service you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

Section 01Eligibility

You must be at least 18 years old and a resident of the United States to submit any form through the Service. The Service is not directed to anyone under 18, and we do not knowingly collect information from minors. If you use the Service on behalf of a business, you represent that you have authority to bind that business and that it will be bound by these Terms.

When you provide a telephone number, you represent that you are the subscriber of that number or its customary user with authority to consent to contact on it, and you agree to notify us if the number is reassigned.

Section 02What GoMotion is, and is not

GoMotion is a performance marketing company. We run advertising campaigns on our own websites and on third-party platforms, collect requests from consumers who want to be contacted about a product or service, and deliver those requests (“leads”) to businesses that offer it (“clients”).

We are not a lender, mortgage broker, debt-settlement or credit-counselling company, solar installer, student loan servicer, or provider of any financial or consumer product. We do not make, arrange, guarantee or approve loans or any other product. We are not an agent of any client, and any product or service you obtain from a client is governed solely by your agreement with that client.

Section 03Free marketing analysis

Where we offer a free marketing analysis, audit or strategy session to businesses, it is provided for informational purposes only, without obligation on either side. Any figures, forecasts, benchmarks or results discussed are estimates based on our experience and on information you provide, and are not guarantees of future performance.

Section 04Client engagements

Paid services — campaign management, lead delivery, pricing, volumes, exclusivity, return and credit policies, and payment terms — are governed exclusively by a written insertion order, master services agreement, or similar agreement signed by both parties (a “Client Agreement”). If these Terms conflict with a Client Agreement, the Client Agreement controls for that engagement. Nothing on the Service constitutes an offer to provide services on particular terms.

Clients that receive leads from us agree, under their Client Agreement, to use lead data only for the purpose the consumer requested, to comply with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, applicable state law and industry standards when contacting consumers, and to honour opt-out requests promptly.

Section 05Consumer campaign forms

When you submit a form on one of our campaign websites:

• you are asking to be contacted by one or more third-party providers of the product or service described on that page; you are not applying for, and we are not offering, any product;
• you agree that the information you enter is accurate and relates to you, and that you will not submit information about any other person without their authority;
• you authorise us to transfer your information to the providers identified in the consent language on the form, as described in our Privacy Policy;
• you understand that providers may not be available in every state or for every request, that we do not guarantee that any provider will contact you or make an offer, and that any offer's terms are set by the provider alone; and
• you understand that we may receive payment from providers for delivering your request.

We do not endorse any provider and are not responsible for their products, services, rates, advice, acts or omissions.

Section 06Consent to contact and text message program

If you provide prior express written consent on a form, GoMotion and the providers identified in the consent language may contact you at the number and email you provided about your request, including by calls and text messages placed with an automatic telephone dialing system or an artificial or prerecorded voice, even if your number is on a Do Not Call registry.

Program terms. Consent to receive calls or text messages is not a condition of purchasing any goods or services. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Supported carriers may change.

To stop: reply STOP to any message from us and you will be unsubscribed immediately; you will receive one final confirmation message. For help: reply HELP, email info@gomotion.pro, or call 888.999.1740. To stop contact from a provider, contact that provider directly.

Calls may be monitored or recorded for quality and compliance.

Section 07Acceptable use

You may not:

• use the Service for any unlawful purpose, or in violation of any applicable federal, state, or local law;
• submit false, misleading or fraudulent information, or information about any person without their authority;
• submit forms by automated means, or generate, resell or otherwise traffic in leads collected through the Service;
• scrape, crawl, harvest, or use automated means to extract content or data from the Service;
• reverse engineer, decompile, or attempt to derive the source of any part of the Service;
• interfere with, overload, or attempt to gain unauthorised access to the Service or its infrastructure;
• reproduce, republish, distribute, sell, sublicense, or create derivative works from any part of the Service without our prior written consent;
• frame or mirror the Service, or use our name, marks, or content in any manner likely to cause confusion about affiliation or endorsement;
• impersonate any person or misrepresent your affiliation with any person or entity; or
• use the Service to transmit malware, spam, or unsolicited commercial communications.

Section 08Intellectual property

Except for information you submit, all content on the Service — including text, layout, design, graphics, logos, the GoMotion name and mark, campaign creative, compilations, and software — is owned by GoMotion, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, revocable, non-transferable licence to access and view the Service for your personal or internal business use. No other rights are granted.

Third-party platform and brand names that appear on the Service remain the property of their respective owners and are used to identify where our campaigns run; their appearance does not imply endorsement or partnership.

Section 09Disclaimer of warranties

The Service, including all content, analyses, estimates, statistics and testimonials, is provided “as is” and “as available,” without warranty of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.

We do not warrant that any provider will contact you, that any offer will be made or on what terms, that any campaign will achieve any particular result, or that the Service will be uninterrupted, secure, or error-free.

Results described on the Service, including testimonials and performance statistics, reflect the experience of particular clients and are not a promise of results for anyone else. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

Section 10Limitation of liability

To the fullest extent permitted by law, GoMotion, Inc., its officers, directors, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to the Service, whether based in contract, tort, statute, or otherwise, even if advised of the possibility of such damages.

This includes, without limitation, any damages arising from the acts or omissions of any provider or other third party, from any product or service you obtain from a provider, or from any communication you receive from a provider.

Our total aggregate liability for all claims relating to the Service will not exceed the greater of the amount you paid us under a Client Agreement in the twelve months before the claim arose or one hundred US dollars (US$100).

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

Section 11Indemnification

You agree to indemnify, defend and hold harmless GoMotion, Inc. and its officers, directors, employees, agents and licensors from and against any claim, demand, loss, liability, damage, fine, penalty, cost, or expense (including reasonable legal fees) arising out of or relating to: your use of the Service; your breach of these Terms; information you submitted that was false, inaccurate or unauthorised, including any telephone number you were not authorised to provide; or your violation of any law or the rights of any third party.

Section 12Disputes, arbitration, and class action waiver

Informal resolution first. Before starting any proceeding, you agree to contact us at legal@gomotion.pro with a written description of the dispute and the relief you seek, and to allow us 30 days to resolve it.

Binding arbitration. If the dispute is not resolved, you and GoMotion, Inc. agree that any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules where you are a business), seated in San Diego County, California, or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and GoMotion, Inc. agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

If this waiver is found unenforceable as to any claim, that claim is severed from arbitration and proceeds in court.

How to opt out of arbitration. You may reject this arbitration agreement by sending written notice within 30 days of first accepting these Terms to GoMotion, Inc., 1804 Garnet Ave #601, San Diego, CA 92109, or legal@gomotion.pro, stating your name, the email or phone number you used, and that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not be held against you.

Nothing in this section prevents either party from bringing a qualifying claim in small claims court, or from seeking injunctive relief for infringement or misuse of intellectual property.

Section 13Governing law and jurisdiction

These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law rules. Subject to section 12, the state and federal courts located in San Diego County, California have exclusive jurisdiction over any dispute, and you consent to their personal jurisdiction.

Section 14Changes, assignment, and general terms

We may update these Terms. The “Effective” date above will change and material updates will be flagged on this page; continued use of the Service after an update constitutes acceptance. We may assign these Terms in connection with a merger, acquisition or sale of assets; you may not assign them. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. These Terms, the Privacy Policy and any Client Agreement are the entire agreement between us regarding the Service.

Section 15Contact

GoMotion, Inc.
1804 Garnet Ave #601, San Diego, CA 92109, United States
Email: legal@gomotion.pro
Phone: 888.999.1740