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Terms and Conditions

Last Updated: August 1, 2018

GOGIV, LLC provides its services (described below) to you through its website and mobile applications (the "Platform") and related services (collectively, such services, including any new features and applications, and the Platform, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). If you are a Nonprofit organizer (as defined below) based in the United States, you will be contracting with GOGIV, LLC. For purposes of the following Terms of Service, “GOGIV,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.

ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. We will also endeavor to notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, GOGIV may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing the Disputes section shall be made as specified therein.

Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located at https://www.GOGIV.com/privacy and the GOGIV Guarantee Policy located at https://www.GOGIV.com/donation-guarantee All such terms are hereby incorporated by reference into these Terms of Service (provided, however, that such other terms may be modified in accordance with their terms and, with respect to the use of the Services, these Terms of Service will take precedence in the event of conflict). All resolutions are decided by GOGIV in our sole discretion, and all of our determinations are final.

Access and Use of the Services

Services Description: The Services are offered as a platform to users of the Services, which may include Nonprofit organizers and Sponsors (each defined herein), entrants to Promotions (defined below) and other registered and unregistered users of the Services (which may include users who simply "like" or "heart" Nonprofit Campaigns or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a "Nonprofit organizer") to post a Nonprofit fundraising Nonprofit Campaign ("Nonprofit Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds to the Nonprofit Campaign ("Sponsors"). For purposes hereof, the term "Nonprofit organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Nonprofit Campaign. Although there are no fees to set up a Nonprofit Campaign, industry-standard payment processing fees apply to each Donation. To learn more about GOGIV’s Platform and applicable payment processing fees, visit https://www.GOGIV.com/.

Charitable Giving: You understand and acknowledge that GOGIV is not a professional charitable organization, notwithstanding any affiliates that may qualify for 501(c)(3) status. However, GOGIV permits Sponsors to contribute directly to certain Nonprofit organizations ("NPOs") through the Platform. If you or your Nonprofit organization would like to register to be listed as a Nonprofit organization on the Platform, please contact us at support@GOGIV.com and we can help facilitate that process. As used in this Agreement, the term "Nonprofit Campaign" refers to a Nonprofit Campaign, and you acknowledge that contributions to Nonprofit Campaigns are deductible under your jurisdiction’s applicable tax laws and regulations.

The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. GOGIV facilitates the Donation transaction between Nonprofit organizers and Sponsors, but is not a party to any agreement between a Nonprofit organizer and a Sponsor, or between any user and a Nonprofit. GOGIV is not a broker, agent, financial institution, creditor or insurer for any user. GOGIV has no control over the conduct of, or any information provided by, a Nonprofit organizer, a Nonprofit or any other user, and GOGIV hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

All information and content provided by GOGIV through the Services is for informational purposes only, and GOGIV does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Nonprofit Campaigns, Charities, Donations, Sponsors, users or any products, services, information or content relating to the Services, you should consult your financial, legal, tax advisers or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

GOGIV does not guarantee that a Nonprofit Campaign or a Nonprofit will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Nonprofit Campaign, Nonprofit organizer, or Nonprofit, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Nonprofit Campaign, or the outcome of any fundraising purpose. You, as a Sponsor, must make the final determination as to the value and appropriateness of contributing to any Nonprofit Campaign, Nonprofit organizer, or Nonprofit.

All Donations are at your own risk. When you make a Donation to a Nonprofit Campaign or Nonprofit, or otherwise through the Services, it is your responsibility to understand how your money will be used. GOGIV is not responsible for any offers, promises, rewards or promotions made or offered by Nonprofits, Nonprofit Campaigns or Nonprofit organizers. We do not and cannot verify the information that Nonprofit organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Nonprofit organizer or Nonprofit. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Nonprofit organizer or Nonprofit, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy at http://www.GOGIV.com/safety. If you have reason to believe that a Nonprofit organizer or Nonprofit is not raising or using the funds for their stated purpose, please use the "Report" button on the Nonprofit Campaign or Nonprofit to alert our team of this potential issue and we will investigate. If you are a Sponsor, you may also be covered by the GOGIV Guarantee. Policy details are located at https://www.GOGIV.com/donation-refund-policy.

You, as a Nonprofit organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Nonprofit Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Nonprofit Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize GOGIV, and GOGIV reserves the right to, provide information relating to your Nonprofit Campaign to Sponsors and beneficiaries of your Nonprofit Campaign or law enforcement or to assist in any investigation.

Your Registration Obligations: You may be required to register with GOGIV in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Nonprofit organizers must register using their true identities, including their name and any image or video purporting to depict the Nonprofit organizer or the beneficiary of such Nonprofit Campaign. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) in order to utilize such Services. For example, Authorize.net is one of GOGIV’s payment processing partners. When you use Authorize.net’s services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration. You may not resell, hire, or on any other basis, allow third parties to use the payment services to enable such third parties to be paid for their services. You may not use the payment services for any different purpose than as registered with our application. If GOGIV or Authorize.net at any time discovers that the information you provided about you or the purpose of your Nonprofit Campaign is incorrect or changed without informing us or if you violate any of these conditions, the services may be suspended and/or terminated with immediate effect and fines may be applied by the credit card schemes and/or the authorities for unregistered use of payment services which will in such case be payable by you. GOGIV will assist and support you in your use of the payment processing services to be provided by Authorize.net (i.e., the processor) and we will provide you with first-line assistance with and enable you to connect to the systems of Authorize.net to be able to use its services. For this purpose, you understand that you are instructing Authorize.net to provide GOGIV with access to your data and setting in Authorize.net’s systems, which are used by Authorize.net to provide the services and authorize us to manage these on your behalf. While we may help facilitate such registration in some cases in connection with payment processors with which GOGIV has partnered, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. Our processors may, in their sole discretion, require underwriting on any account, and you agree to cooperate with all underwriting requests. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services) as set out in our Privacy Policy.

Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify GOGIV of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. GOGIV will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Services: GOGIV reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, GOGIV will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.

Public Content; Public Display of Donations: Some of your activity on and through the Services is public, such as content you post publicly on the website or Services. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. For example, as a Sponsor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private, simply click the "Private" checkbox during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.

Promotions: You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on or through the Services without our prior written consent. You may seek permission by sending an email to promotions@GOGIV.com. and signing up for our service packages. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion, including without limitation any prizes offered; (c) you may not use GOGIV’s name, trademarks, logos, or service marks or any other GOGIV intellectual property in the rules or any other materials relating to the Promotion without GOGIV’s express written permission; (d) such Promotion does not require making a Donation as the only way to enter; (e) such Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the jurisdiction in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, tobacco or any other activities prohibited by the Terms of Services, including as set forth in the “Conditions of Use” section below. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the Services: (i) GOGIV does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases GOGIV from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to GOGIV. GOGIV reserves the right to suspend, cancel, or discontinue any Promotion conducted in connection with the Services at any time for any reason, including without limitation to comply with applicable laws, rules, and regulations, and to take any actions we deem necessary, in our sole discretion, to protect our users, business partners, or business or the public.

General Practices Regarding Use and Storage: You acknowledge that GOGIV may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on GOGIV's servers on your behalf. You agree that GOGIV has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that GOGIV reserves the right to terminate accounts or Nonprofit Campaigns that are inactive for an extended period of time, provided that GOGIV will use its commercially reasonable efforts to provide a Nonprofit organizer with reasonable notice before terminating an inactive Nonprofit Campaign having a positive balance of Donations. You further acknowledge that GOGIV reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.

Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding GOGIV and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your GOGIV account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

User Conduct: You are solely responsible for all Nonprofit Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. You agree to fully cooperate with any request by GOGIV for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms of Service.

The following are examples of the kind of content and/or use that is illegal or prohibited by GOGIV. However, this list is not exhaustive and GOGIV reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in GOGIV's sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Nonprofit Campaign, freezing or placing a hold on donated funds when GOGIV reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action including seeking restitution on behalf of itself and/or its users. Without limiting the foregoing, you agree to not use the Services to:

  • in connection with any of the following activities or items, including by establishing or contributing to any Nonprofit Campaign with the implicit or express purpose relating to any of the following:

    1. any activity that violates any law or governmental regulation industry requirements, or third-party guidelines or agreements to which you are a party, including from payment card providers and payment processors that you utilize in connection with the Services;

    2. content or Nonprofit Campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising Nonprofit Campaign (whether on the Platform or not);

    3. illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;

    4. knives, explosives, ammunition, firearms, or other weaponry or accessories;

    5. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;

    6. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;

    7. Nonprofit Campaigns deemed by GOGIV, in its sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;

    8. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;

    9. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;

    10. pornography or other sexual content;

    11. offensive, graphic, perverse or sensitive content;

    12. offering monetary rewards, including gift cards;

    13. transactions for the sale of items before the seller has control or possession of the item;

    14. collection of payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on Nonprofit Campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by GOGIV;

    15. credit repair or debt settlement services;

    16. to receive or grant cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Nonprofit Campaign;

    17. publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;

    18. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;

    19. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;

    20. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;

    21. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;

    22. unauthorized sale or resale of brand name or designer products or services;

    23. sale of goods or services that are illegally imported or exported;

    24. processing where there is no bona fide donation accepted; card testing; evasion of card network chargeback monitoring programs;

    25. collecting or providing funds for any purpose other than as described in a Nonprofit Campaign description; or

    26. any other activity that GOGIV may deem in its sole discretion to be unacceptable.

  • to transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of GOGIV, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose GOGIV or its users to any harm or liability of any type; or

  • to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

  • to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.

  • to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.

Additionally, with respect to all Donations you make or accept through the Services, you agree:

  • not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;

  • not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);

  • to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by GOGIV from time to time;

  • to maintain a copy of all electronic and other records related to Nonprofit Campaigns and Donations as necessary for GOGIV to verify compliance with these Terms of Service, and make such records available to GOGIV upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and

  • at GOGIV’s request, including without limitation in case of investigations by GOGIV, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

GOGIV reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or GOGIV, or that expose you, GOGIV, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Sponsors, your Donations, and transactions made through or in connection with your use of the Services.

Donations: In order to contribute to a Nonprofit Campaign or to a Nonprofit, a Sponsor will be required to provide GOGIV information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Sponsor’s account on the Services (a “Billing Account”). You, as a Sponsor, represent and warrant to GOGIV that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless GOGIV, in its sole discretion, agrees to issue a refund, for example in accordance with the GOGIV Guarantee. GOGIV uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Sponsors acknowledge that by contributing a Donation to a Nonprofit Campaign, the Sponsor is agreeing to any and all applicable terms set forth by our payment partners (currently, WePay, Inc., Stripe, Inc., Authorize.net LLC, PayPal, Inc., and PayPal Giving Fund), in addition to these Terms of Service, including WePay’s terms of service, Stripe’s terms of service, Authorize.net’s terms of service, and PayPal’s terms of service.

Recurring Donations: Sponsors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Installment”), and in electing to contribute on a recurring basis, you, as a Sponsor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platform, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (i) hereby authorize GOGIV to bill your Payment Instrument in the amount of the applicable Donation Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Installments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date). Changes to or termination of Donation Subscriptions or Donation Installments will apply only to Donation Installments that take place after GOGIV receives notice of such change or termination. GOGIV does not provide refunds of any amounts received in connection with previously made Donation Installments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g., the applicable Nonprofit organizer or Nonprofit), (b) individual Donation Installments may not be tax deductible, even if previous Donation Installments for the same Donation Subscription were, and the amount of each Donation Installment that is tax deductible may vary, (c) one or more specific Donation Installment may not be provided to or received by the applicable cause, Nonprofit or Nonprofit Campaign if such cause, Nonprofit or Nonprofit Campaign becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, Nonprofit or Nonprofit Campaign becomes subject to an investigation or is suspended or removed from the Services by GOGIV or (d) the amounts actually received by the applicable Nonprofit Campaign, Nonprofit or cause may differ from one Donation Installment to the next (for example, if the processing fees associated with the Donation Installment change).

Your non-termination of a Donation Subscription reaffirms that GOGIV is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.

Account Holds: From time to time, GOGIV may place a hold on a Nonprofit Campaign account (a "Hold"), restricting Withdrawals (defined herein) by a Nonprofit organizer. Some of the reasons that we may place a Hold on a Nonprofit Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Nonprofit organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Nonprofit organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Nonprofit organizer), (iii) if we have reason to believe that a Nonprofit Campaign or Nonprofit organizer has violated these Terms of Service, or (iv) if GOGIV determines that the Nonprofit organizer is colluding with Sponsors to engage in fraudulent activity or (v) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Nonprofit Campaign account, or need information about how to resolve the Hold, please contact us att support@GOGIV.com.

Rewards: Reward Levels are not intended to be items available for purchase and GOGIV cannot guarantee the delivery of Reward Levels in any way.

Donation Payouts from a Nonprofit Campaign: You, as a Nonprofit organizer (or, as applicable, the beneficiary designated by the Nonprofit Campaign), will receive a bi-weekly payout of all the Donations credited to your Nonprofit Campaign as long as the donation amount is above $100, or you may request at any time up to the full amount of all Donations credited to your Nonprofit Campaign if it is less than $100, less any applicable fees and any previously paid out or withdrawn amounts ("Withdrawals") and subject to any Holds that we or our payment partners may place on your Nonprofit Campaign account. If the donation amount is less than $100 and you have not requested a payout, then the funds will be held in your account until the next payout date. Payout dates will be the 1st and 15th of each month. You, as a Nonprofit organizer, are responsible for ensuring that the information you provide to GOGIV in order to process a payout, including your bank account information, is accurate and up to date. GOGIV may, at any time, for any reason, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your Nonprofit Campaign. GOGIV is not responsible for any consequences caused by GOGIV issuing refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that GOGIV is not liable to compensate you in any way for any loss.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

Apple-Enabled Software Applications

GOGIV offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • GOGIV and you acknowledge that these Terms of Service are concluded between GOGIV and you only, and not with Apple, and that as between GOGIV and Apple, GOGIV, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be GOGIV's sole responsibility, to the extent it cannot be disclaimed under applicable law.

  • GOGIV and you acknowledge that GOGIV, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between GOGIV and Apple, GOGIV, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.

  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to GOGIV as follows:


    support@GOGIV.com
    PO Box 152992
    Cape Coral, FL 33915

GOGIV and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that GOGIV enters into this clause (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits and remedies shall be enforceable by GOGIV in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. GOGIV may amend, terminate or rescind these Terms of Service without the consent of Apple or any such subsidiary.

Intellectual Property Rights

Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GOGIV, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by GOGIV from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of GOGIV, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GOGIV.

The GOGIV name and logos are trademarks and service marks of GOGIV (collectively the "GOGIV Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GOGIV. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GOGIV Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of GOGIV Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will GOGIV be liable in any way for any content or materials of any third parties (including users and Nonprofit organizers) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that GOGIV does not pre-screen content, but that GOGIV and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services. Without limiting the foregoing, GOGIV and its designees will have the right to remove any content that violates these Terms of Service or is deemed by GOGIV, in its sole discretion, to be otherwise objectionable.

User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant GOGIV and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless GOGIV and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of GOGIV in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or GOGIV's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to GOGIV are non-confidential and GOGIV will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that GOGIV may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GOGIV, its users or the public.

Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, GOGIV is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.

Copyright Complaints: GOGIV respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GOGIV of your infringement claim in accordance with the procedure set forth below.

GOGIV will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GOGIV's Copyright Agent at support@GOGIV.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:

GOGIV Copyright Agent:
GOGIV, LLC
Attn: Legal
PO Box 152992
Cape Coral, FL 33915

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, GOGIV will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, GOGIV has adopted a policy of terminating, in appropriate circumstances and at GOGIV's sole discretion, users who are deemed to be repeat infringers. GOGIV may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites/Services

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). GOGIV has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and GOGIV is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that GOGIV is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that GOGIV will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that GOGIV is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify on demand and hold GOGIV and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Nonprofit Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOGIV AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

GOGIV AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOGIV NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF GOGIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOGIV'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GOGIV IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration; Waiver of Trial by Jury. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

Procedures. These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.

30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.

Severability. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including without limitation the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.

Notwithstanding any provision in these Terms of Service to the contrary, we agree that if GOGIV makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the JAMS Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.

Termination

You agree that GOGIV, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if GOGIV believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that GOGIV may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that GOGIV will not be liable to you or any third party for any termination of your access to the Services.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Services and GOGIV will have no liability or responsibility with respect thereto. GOGIV reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

General

These Terms of Service constitute the entire agreement between you and GOGIV and govern your use of the Services, superseding any prior agreements between you and GOGIV with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and GOGIV agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Lee County, Florida. The failure of GOGIV to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Service without the prior written consent of GOGIV, but GOGIV may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.

Privacy Policy

At GOGIV, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?

Please contact us at support@GOGIV.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.

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