Last Modified: March 7, 2024
Welcome to the Goldman Sachs Authenticator App. Access to the Goldman Sachs Authenticator App is provided by The Goldman Sachs Group, Inc. and its subsidiaries and affiliates, and their officers, directors, managing directors, partners, employees, consultants, agents and representatives (collectively, “GS”, “we” or “our”).
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE ARE SUBJECT TO CHANGE. UNLESS AN ADDITIONAL NOTICE IS REQUIRED BY APPLICABLE LAW, ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO OR LINKED IN THE GOLDMAN SACHS AUTHENTICATOR APP FROM TIME-TO-TIME. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY MODIFIED VERSION, THEN YOU MUST STOP USING OR ACCESSING THE SERVICE IMMEDIATELY.
BY USING OR ACCESSING THE SERVICE, YOU AFFIRM YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO BY BOUND BY THE THESE TERMS OF USE.
PLEASE NOTE THAT AFTER THE AUTHENTICATION PROCESS IS COMPLETE (FOR LOGINS) OR DURING THE AUTHENTICATION PROCESS (FOR TRANSACTION APPROVAL), YOU WILL BE ROUTED TO OR ALREADY BE NAVIGATING IN CERTAIN OTHER GS PRODUCTS OR SERVICES. THESE OTHER GS PRODUCTS OR SERVICES MAY BE SUBJECT TO CERTAIN ADDITIONAL CONTRACTUAL AGREEMENTS BETWEEN YOU AND GOLDMAN SACHS (“YOUR AGREEMENT”). THESE TERMS OF USE SUPPLEMENT AND IN NO WAY LIMIT OR RESTRICT RIGHTS THAT EITHER PARTY HAS UNDER ANY OF YOUR AGREEMENTS. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF USE AND ANY OF YOUR AGREEMENTS, YOUR AGREEMENT SHALL CONTROL, BUT SOLELY WITH RESPECT TO THE GS PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF YOUR AGREEMENT.
TABLE OF CONTENTS
ACCEPTANCE OF TERMS OF USE
ENROLLMENT
OTHER SERVICE FUNCTIONALITY
USE OF THE SERVICE
OWNERSHIP
SERVICE INFORMATION
THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
WARRANTIES; INDEMNITY; LIMITATION OF LIABILITY
ACCESSIBILITY
APPLE-SPECIFIC TERMS
CHOICE OF LAW; DISPUTE RESOLUTION
MISCELLANEOUS
ACCEPTANCE OF TERMS OF USE
The Goldman Sachs Authenticator App (“App”), together with any Third Party Services available therein, and any related or successor app(s) and website(s) thereto, shall collectively be termed the “Service.” The Service shall include the ability to enroll in the Service, to log-in to other GS services and to approve transactions via other GS services, amongst other features and functionality.
The Service is provided to you subject to your review and acceptance of these Terms of Use and any revisions made thereto (“Terms of Use”). By using the Service, you are therefore agreeing to the following Terms of Use and the applicable Privacy Policy. For example, these Terms of Use apply: (i) when you download the App to a device, even if you don’t register to use the App; (ii) when you access or use the Service on a computer or device, even if you don’t register to use the Service; (iii) when you register as a user of the Service; or (iv) when you use any features or functionality of the Service after registration.
You also may be required to acknowledge and agree to be bound by additional terms and policies of products and services (“Third Party Services”) provided by a third party provider (“Third Party Provider”) that we may make available to you through the Service. To the extent there is a conflict between these Terms of Use and the terms of any Third Party Service, the terms of the Third Party Service will govern, but solely with respect to that Third Party Service. Unless due to the gross negligence or willful misconduct of GS, or except as otherwise prohibited by applicable law, any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.
ENROLLMENT
Your Registration Obligations
You affirm that you are at least 18 years of age. You agree to provide true, accurate, current and complete information about yourself when you register as a user of the Service. You further agree to promptly update your registration information when it changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Service administrators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Service has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
System Requirements
To use the Service, you will need:
a. A Current Version of an Internet browser we support and a Current Version of the App;
b. A connection to the Internet; and
c. A computer or electronic device and an operating system capable of supporting all of the above (“Your Device”).
By “Current Version,” we mean a version of the software that we support and that is currently being supported by its publisher or the applicable platform (e.g., Apple’s iOS). We support the Current Version and, for a period of time, the version immediately prior to the Current Version of the App. Note that not all Android devices are compatible with use of the Service and supported by us.
As permitted by and in accordance with applicable law, we reserve the right to discontinue support of a Current Version of the software (or any feature or functionality thereof) for any reasonable reason, including our opinion that it suffers from a security or other flaw that makes it unsuitable for use with the Service.
If you make unauthorized modifications to Your Device, such as by disabling hardware or software controls (for example, through a process sometimes referred to as “jailbreaking”), Your Device may no longer be eligible to access or use the Service and we reserve the right to deny or limit your access to the Service and to assert any other remedies available to us under these Terms of Use.
Biometric Authentication
We may offer the option to log into the Service using biometric authentication, including facial and fingerprint recognition. Once you agree to biometric authentication, please note that you cannot turn this feature off via the settings menu within the Service. Biometric information is stored on Your Device only, and we never see your biometric information. You acknowledge and agree that by enabling biometric authentication, you will allow anyone who has biometric information stored on Your Device access to the Service on the App. We reserve the right to suspend or disable this feature at any time.
Passwords And Security
The App may require user ID or password in connection with certain uses (collectively, “Access Credentials”). Your user ID may include your email address or other similar identifiers and your password may include one or more authentication mechanisms (including alphanumeric codes) associated with such user ID. You are responsible for maintaining the confidentiality of your Access Credentials and are responsible for all activities that occur under your Access Credentials, unless such unauthorized activity was the result of wrongful disclosure of your Access Credentials by GS. You agree to notify us immediately of any unauthorized use of your Access Credentials, or any other breach of security.
OTHER SERVICE FUNCTIONALITY
After completion of any registration and enrollment process, the Service may be used by you for a number of other purposes, including without limitation logging into other GS products or services and approving certain financial transactions. This Service serves as an authentication layer for such use cases, and may use your Access Credentials or biometric methods via the Service to log into other GS products or approve certain financial transactions. Please note that after the authentication process is complete (for logins) or during the authentication process (for transaction approval), you will be routed to or already be navigating in certain other GS products or services. Please read the terms of use and privacy policies of those other GS products and services carefully, as you will be subject to their requirements. The Service is not responsible for any other GS products or services, and disclaims all liability therefor. You use such other GS products and services at your own risk.
USE OF THE SERVICE
Acceptable Use
You accept sole responsibility for all of your activities using the Service. You may not use the Service in a manner that:
a. Uses technology or other means not authorized by us to access the Service Information or our systems;
b. Uses or launches any manual or automated device or system, including data mining techniques, “robots,” “spiders,” or “offline readers,” to (i) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Service Information or our systems; (ii) reproduce or circumvent the navigational structure or presentation of the Service; or (iii) otherwise harvest or collect information about users of the Service;
c. Reverse engineers, decompiles or disassembles any portion of the Service, except where such restriction is expressly prohibited by applicable law;
d. Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
e. Attempts to gain unauthorized access to our computer network or user accounts;
f. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
g. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
h. Is unlawful, fraudulent, or deceptive;
i. Attempts to damage, disable, overburden, or impair our servers or networks or interferes with any other user’s use of the Service, including without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use;
j. Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent;
k. Fails to comply with applicable third party terms; or
l. Otherwise violates these Terms of Use.
System Outages, Slowdowns, And Capacity Limitations/Delay
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Service or communicating with GS through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider’s or GS’ can experience unanticipated outages or slowdowns, or have capacity limitations. GS shall not be responsible for any issues with the Service resulting from any outages, slowdowns or other problems detailed in this section.
Mapping Technology
We may use Google, Inc. (“Google”) Maps API and/or Places API in connection with the Service. By using this service, you agree to be bound by Google’s Terms of Service and Privacy Policy. To learn more about Google’s Terms of Service, please visit https://maps.google.com/help/terms_maps.html and Google’s Privacy Policy, please visit https://www.google.com/policies/privacy/.
We may also use Apple, Inc. (“Apple”) Maps in connection with the Service. By using this service, you agree to be bound by Apple’s Apple Maps Terms of Use and Privacy Policy. To learn more about Apple’s Terms of Use, please visit https://www.apple.com/legal/internet-services/maps/terms-en.html and Apple’s Privacy Policy, please visit https://www.apple.com/privacy/.
Termination Of Use
Subject to applicable law and the terms of any Third Party Services, we reserve the right, in our reasonable discretion, to terminate your access and use of the Service (in whole or in part), your user account, any Third Party Services made available to you and to assert our legal rights with respect to any use of the Service we reasonably believe is, or might be, in violation of these Terms of Use or the terms of any Third Party Services. The provider of a Third Party Services you access through the Service may have additional termination rights under the terms for their Third Party Services. You agree that GS shall not be liable to you or any third party for any termination of your access to the Service.
Use Restricted By Law
USE OF THE SERVICE OR THE SERVICE’S CONTENT MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS. THE SERVICE IS NOT TO BE USED, AND IS NOT INTENDED FOR ANY PERSON RESIDENT, IN ANY LOCATION OR JURISDICTION WHERE SUCH USE MAY BE CONTRARY TO LOCAL LAW, REGULATION OR BUSINESS PRACTICES. GS DISCLAIMS ALL RESPONSIBILITY IF YOU ACCESS, USE OR DOWNLOAD THE SERVICE OR ANY SERVICE CONTENT IN BREACH OF ANY LAW OR REGULATION IN THE JURISDICTION OF WHICH YOU ARE A CITIZEN OR IN WHICH YOU ARE RESIDING OR DOMICILED. WE MAY LIMIT THE SERVICE’S AVAILABILITY AT ANY TIME AND WITHOUT NOTICE, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION THAT WE CHOOSE. YOU AGREE TO COMPLY WITH ALL LOCAL RULES REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT. SPECIFICALLY, YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE.
OWNERSHIP
Proprietary Rights
GS is the owner of or otherwise licensed to use all parts of the Service, including without limitation all information, copy, software, graphics, designs and all patents, copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein.
No Resale Of Service; Right To Use
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. Subject to these Terms of Use, GS grants to you a non-exclusive, non-transferable, limited and revocable right to access and use the Service for your own use and not for any commercial or business purpose, except as relates to relationships between you and GS.
Feedback
We do not accept any unsolicited ideas from outside of GS, including without limitation suggestions about additions to our Service or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and/or to the extent necessary for GS to utilize your submission, you hereby grant GS an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation.
GS Marks
GS’ trademarks, service marks, trade names, domain names, trade dress or other proprietary logos or indicia are the property of Goldman Sachs & Co LLC or The Goldman Sachs Group, Inc. or their subsidiaries or affiliates (“GS Marks”). Other trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners (collectively “Third Party Marks”). The GS Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the prior written permission of the applicable trademark owner. The Service and its content are owned, controlled or licensed to or by us and protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service.
SERVICE INFORMATION
You are permitted to use the tools, content, information, links or materials made available to you on or through the Service (“Service Information”) only for your own use and not for any commercial or business purpose, except as relates to relationships between you and us. You are not permitted to publish, transmit or otherwise reproduce any Service Information in any format without our express written consent. In addition, you are not permitted to change, hide or remove any copyright, trademark or any other notices contained on the Service. We reserve the right, in our sole discretion, to add, change or remove any Service Information at any time and from time-to-time. These Terms of Use do not provide you with any rights to any Service Information other than those specifically described in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved by us or the Third Party Providers of any Service Information.
THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Service may contain links and other functionality that connect with certain sites and applications not provided by GS, including sites hosted by a Third Party Provider. We do not control or endorse, nor are we responsible for, any Third Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Services, or any intellectual property rights therein. Nothing in these Terms of Use shall be deemed to be a representation or warranty by us with respect to any Third Party Services. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through the Service at any time. In addition, the availability of any Third Party Services through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Services, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF ANY THIRD PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDER OF SUCH THIRD PARTY SERVICES). NEITHER WE NOR OUR THIRD PARTY PROVIDERS ARE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY (I) YOUR RELIANCE ON ANY TOOLS, LINKS, MATERIALS, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE OR ANY THIRD PARTY SERVICES OR (II) YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY TOOLS, LINKS, MATERIALS, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE OR OBTAINED FROM A THIRD PARTY SERVICES.
THE ABOVE DISCLAIMER OF WARRANTIES MAY NOT APPLY IN FULL TO THE EXTENT IT CONFLICTS WITH THE APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU ACCESS OR USE THE SERVICE; PROVIDED, HOWEVER, THAT IN SUCH EVENT, GS SHALL ONLY PROVIDE SUCH WARRANTIES AS REQUIRED BY APPLICABLE LAW, AND THE DURATION OF SUCH WARRANTIES WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.
WARRANTIES; INDEMNITY; LIMITATION OF LIABILITY
Disclaimer Of Warranties
GS MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SERVICE OR ANY THIRD PARTY SERVICES. THE SERVICE AND THIRD PARTY SERVICES PROVIDED BY US AND OUR THIRD PARTY PROVIDERS ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICE OR ANY SERVICE INFORMATION OR THIRD PARTY SERVICES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF BOTH GOLDMAN SACHS & CO LLC AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, MANAGING DIRECTORS, PARTNERS, EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES. PROVIDERS OF THIRD PARTY SERVICES MAY HAVE ADDITIONAL OR DIFFERENT WARRANTIES REGARDING THEIR THIRD PARTY SITES.
THE SERVICE, SERVICE INFORMATION, YOUR ACCOUNT INFORMATION AND THIRD PARTY SERVICES MADE AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS COMPLETE, CORRECT, SECURE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. NEITHER WE NOR ANY OF OUR THIRD PARTY PROVIDERS HAVE ANY RESPONSIBILITY TO MAINTAIN THE DATA, SERVICE INFORMATION, YOUR ACCOUNT INFORMATION, OR THIRD PARTY SERVICES MADE AVAILABLE THROUGH THE SERVICE OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES IN CONNECTION WITH THAT DATA, SERVICE INFORMATION, YOUR ACCOUNT INFORMATION, OR THIRD PARTY SERVICES. WE DO NOT WARRANT OR REPRESENT THAT WE WILL BE ABLE TO RETRIEVE YOUR ACCOUNT INFORMATION. THE SERVICE INFORMATION AND AVAILABILITY OF THE SERVICE OR ANY THIRD PARTY SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE OR ANY THIRD PARTY SERVICES WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY SECURITY-RELATED LOSS OR DAMAGES.
UNLESS OTHERWISE DISCLOSED TO, AND AGREED TO BY, YOU, THE SERVICE IS PROVIDED FOR FREE AND FOR INFORMATIONAL PURPOSES ONLY. ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE SERVICE DOES NOT, AND SHOULD NOT BE CONSTRUED TO, CONSTITUTE OR PROVIDE ANY FINANCIAL, INVESTMENT, LEGAL, ACCOUNTING, TAX OR OTHER ADVICE TO YOU OR WITH RESPECT TO ANY ACCOUNT YOU MAY HAVE WITH US UNLESS EXPLICITLY AGREED TO BY US IN WRITING. WE DO NOT PROVIDE TAX OR LEGAL ADVICE IN CONNECTION WITH THE SERVICE AND ENCOURAGE YOU TO CONSULT A FINANCIAL, INVESTMENT, LEGAL, ACCOUNTING OR TAX ADVISOR WITH RESPECT TO ANY SUCH ISSUES OR BEFORE MAKING TAX-RELATED INVESTMENT DECISIONS.
THE ABOVE DISCLAIMER OF WARRANTIES MAY NOT APPLY IN FULL TO THE EXTENT IT CONFLICTS WITH THE APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU ACCESS OR USE THE SERVICE; PROVIDED, HOWEVER, THAT IN SUCH EVENT, GS SHALL ONLY PROVIDE SUCH WARRANTIES AS REQUIRED BY APPLICABLE LAW, AND THE DURATION OF SUCH WARRANTIES WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Goldman Sachs & Co LLC and its subsidiaries and affiliates, and their officers, directors, managing directors, partners, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your negligence, willful misconduct, violation of applicable law or breach of these Terms of Use or Your Agreement.
No Liability
GS SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THIS SERVICE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN GS AND YOU, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY GS OR A THIRD PARTY SERVICE PROVIDER. IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH (A) YOUR USE OF THE SERVICE, SERVICE INFORMATION, INFORMATION ABOUT YOUR ACCOUNT AND ACCESS CREDENTIALS (INCLUDING WITH RESPECT TO THE RETRIEVAL OR ACCURACY THEREOF), OR ANY THIRD PARTY SERVICES OR THIRD PARTY SITE; (B) THESE TERMS OF USE; OR (C) ANY SERVICE OR APPLICATION FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GS BE LIABLE TO YOU FOR ANY DIRECT DAMAGES. BEYOND TEN DOLLARS ($10.00).
THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY IN FULL TO THE EXTENT IT CONFLICTS WITH THE APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU ACCESS OR USE THE SERVICE; PROVIDED, HOWEVER, THAT IN SUCH EVENT, THE LIABILITY OF GS SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
ACCESSIBILITY
We are committed to making the Service accessible to our customers and the public, including individuals with disabilities. Please contact our Customer Care Center toll-free at 1-888-485-3456 and ask to speak to our Americans with Disabilities Act (“ADA”) coordinator to learn more about our accessibility support services.
Individuals who need a reasonable accommodation to access the Service should call our Customer Care Center toll-free at 1-888-485-3456 and ask to speak to our ADA coordinator. Requesters will need to provide the date on which the reasonable accommodation is needed and information about the nature of the requested accommodation. Requesters should include the type of device the requester is using, as well as contact information such as an email address or phone number at which they can be reached. Depending on the nature of the request, we may need significant advance notice to provide a reasonable accommodation.
In the event a user with a disability experiences accessibility issues with the Service, please notify our ADA coordinator toll-free at 1-888-485-3456. In your communication to us, please specify the nature of the accessibility difficulty, including the portion of the Service that may have presented an accessibility challenge, as well as the type of device the requester is using.
The Service contains links to third party sites. We do not make any representations with regard to the accessibility practices of third party sites and are not responsible for the same. You understand that we may not able to remediate accessibility barriers on such third party sites.
APPLE-SPECIFIC TERMS
If you are using an iOS version of the Service, the following shall apply: In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any software application made available as part of the Service that is compatible with the iOS operating system of Apple. For purposes of this Section, such application is referred to as the “App.” Apple is not a party to these Terms of Use and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us as follows: by mail to our Notice Address, by email to gs-core-mobile-authenticator@gs.com. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the usage rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these terms is not subject to the consent of any third party.
CHOICE OF LAW; DISPUTE RESOLUTION
Choice of Law
This Agreement shall be governed by and construed under the laws of the State of New York, without regard to rules concerning conflicts of law or choice of law.
Dispute Resolution
Many concerns can be resolved by calling us at 1-888-485-3456 (toll-free) or writing us at our Notice Address. If a dispute cannot be resolved informally, please refer to the dispute resolution provisions in Your Agreement (“Agreement Dispute Provisions”). The Agreement Dispute Provisions will explain how such claims (whether by or against you or us) will be resolved.
MISCELLANEOUS
Severability; No Waiver
If any provision of these Terms of Use is deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed to be removed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms of Use or additional terms for any product or Third Party Services will not waive our right to later enforce those provisions.
Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Patriot Act
To help the government fight the funding of terrorism and money laundering activities, federal law requires we obtain, verify, and record information that identifies each person who creates a relationship. This means that when you create a relationship with us, we may ask for your name, address, date of birth and/or other information that will allow us to identify you.
Questions And Support
For questions and support concerning the Service, please contact us at gs-core-mobile-authenticator@gs.com.