Terms and Conditions
Effective Date: January 1, 2018
Please read each provision of this agreement carefully. It sets forth the legally binding terms and conditions for your use of the services (defined below). By accessing and/or using our services, you agree to be legally bound by this agreement. If you do not agree to this agreement and the conditions of use stated herein, including the arbitration and class action waiver provisions, do not use the services.
Important notice: this agreement is subject to binding arbitration and a waiver of class action rights as further detailed in section 2 below. By agreeing to arbitrate, each party is giving up its right to go to court and have any dispute heard by a judge or jury. By agreeing to waive class action rights, each party agrees that each may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding or as an association.
This User Agreement & Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and GOGOGO LLC LLC., (“GOGOGO LLC,” “We,” “Us,” or “Our”). This Agreement states the material terms and conditions that governs Your use of Our Services.
Our Services are comprised of the following:
1) Our Segway Go-kart rentals
2) Our Segway miniPro’s (“Hoverboard”), Drift (“e-skates”), and electric scooters which are collectively referred to as “E-vehicles.” Go-karts and E-vehicles are collectively referred to as “Products;”
3) All other related equipment, maintenance, charging of the E-vehicles, personnel, mobile applications, other software and information provided or made available by Us; and
4) Use of Our website, available at www.GOGOGO.rentals (including any versions optimized for viewing on a wireless or tablet device), Our mobile application (the “App”) and any interactive features, and/or other services that We make available and that post a link to this Agreement.
This Agreement, together with all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this “Agreement” between You and Us.
We agree to allow You to rent the Products, subject to the terms and conditions set forth herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.
In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to Your use of the Services (in each such instance, and collectively, “Additional Terms”). The Additional Terms are incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise. By using the Services, You acknowledge and accept the GOGOGO LLC Privacy Notice (attached), and consent to the collection and use of Your data in accordance with that Privacy Policy.
1. RENTAL AND USE OF PRODUCTS.
1.1. You are the Sole User of the Services : Subject to Section 1.3 below regarding the limited use of Go-karts by minors, You certify and expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You activate a Product, the Product must be used ONLY BY YOU. You must not allow others to use a Product that You have activated.
1.2. You are At Least 18 Years Old : You represent and certify that You are at least 18 years old, and that You have a valid driver’s license to provide us during the period of time you are renting our products.
1.3. Minor Use of Go-karts : You may allow a minor who is at least 12 years of age to use a Go-Kart, subject to the following conditions:
1.3.1. You are the minor’s parent or legal guardian;
1.3.2. You assume full financial and/or any other responsibility for any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of the minor’s use of the Go-kart and/or any of the Services;
1.3.3. You expressly guarantee, represent, and warrant that You and the minor are bound by this Agreement and all of the terms herein;
1.3.4. You expressly guarantee, represent, and warrant that You will supervise the minor at all times while the minor is using the Go-kart;
1.3.5. You expressly guarantee, represent, and warrant that You have instructed the minor how to conduct the requisite safety check of the Go-kart prior to use;
1.3.6. You expressly guarantee, represent, and warrant that the minor is wearing a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions at all times while riding the Go-kart; and
1.3.7. You expressly guarantee, represent, and warrant that You have explained all applicable laws, rules, regulations, and/or ordinances to the minor, including any and all rules regarding parking and traffic laws.
OPERATION OR USE OF ANY E-VEHICLES BY ANY MINOR ALONE IS EXPRESSLY PROHIBITED. IF YOU ALLOW A MINOR TO USE AN E-VEHICLE BY ACTIVATING IT THROUGH YOUR ACCOUNT, YOU SHALL BE RESPONSIBLE FOR ANY AND ALL MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.
1.4. You are a Competent Operator : You represent and certify that You are familiar with the operation of the Product, and You are reasonably competent and physically fit to use the Product. By choosing to ride a Product, You assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. You are responsible for determining whether conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions, whether caused by the weather or otherwise, make it dangerous to operate a Product. You are advised to adjust Your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.
1.5. Products are the Exclusive Property of GOGOGO LLC : You agree that the Products, and any GOGOGO LLC equipment attached thereto, at all times, remain the exclusive property of GOGOGO LLC. You must not dismantle, write on, or otherwise modify, repair or deface any Products, or any part of any of the Products, or any other GOGOGO LLC equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Products in any way. You must not use any Products for any advertising or commercial purpose without the consent of GOGOGO LLC.
1.6. Only Use Products Where Allowed : You expressly agree that You will only use the Products in areas where the Products are allowed. You agree that You will not use any Products in any restricted areas (such as cities that prohibit certain Products), and You assume all responsibility and liability for any operation of any Product in any restricted area, including any fines or fees as a result of Your use of any of the Products in any restricted areas. GOGOGO LLC reserves the right to charge You up to $1,000 or fines incurred by authorities, whichever is more, in GOGOGO LLC’s sole and absolute discretion, if You use any of the Products in any restricted areas.
1.7. Compliance with Laws : You agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use, riding and/or operation of the Products, including those pertaining to the Products in the area where You are operating the Products, including, without limitation, helmet laws.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES WHILE USING THE SERVICES, INCLUDING IMPROPER RIDING AND/OR PARKING, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, FEES (INCLUDING IMPOUNDING FEES CHARGED BY ANY LOCAL GOVERNMENT) AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
1.8. Payment of Fines, Fees and Administrative Fees :
1.8.1. You agree to pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls, and/or any other charges incurred by GOGOGO LLC, that result from You parking any Product improperly, or as a result of You violating any law, rule, regulation, and/or ordinance while using the Services.
1.8.2. You agree that We may, in Our sole discretion, pay all tickets, citations, fines and/or penalties on Your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required.
1.8.3. You authorize Us to bill You directly to the credit/debit card and/or other payment method You used to rent the Product.
1.8.4. You authorize Us to contact You directly regarding any tickets, citations, fines and/or penalties incurred by You or assessed against Us or to Our Product while the Product was rented to You.
1.8.5. In the event we use a third party collection and or administrative agent to resolve any tickets, citations, fines and/or penalties, You agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.
1.8.6. You agree to indemnify and hold us harmless for any tickets, citations, fines, penalties and/or administrative fees incurred as a result of Your use of Our Services.
1.9. Prohibited Acts : YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT:
1.9.1. Operate any Product in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any Products on sidewalks and/or parking Products.
1.9.2. Operate any Product while carrying any backpack, bag, or other item if it impedes Your ability to operate safely the Product.
1.9.3. Use any cellular telephone and/or any other Device that may distract You from safely operating any Product.
1.9.4. Operate any Product while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair Your ability to safely operate any Product.
1.9.5. Carry any other person on any of the Products.
1.9.6. Use locking mechanisms other than those provided by GOGOGO LLC.
1.9.7. Park any Product in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances. You expressly agree that You are responsible for becoming familiar with any and all applicable laws, rules, regulations, and/or ordinances in the location that You are operating any Product.
1.9.8. Park or place any Product in a manner that prevents GOGOGO LLC from accessing it. If You violate this Section, GOGOGO LLC may charge You up to $450, in Our sole and absolute discretion.
1.10. Products are Intended for Only Limited Types of Use : You agree that You will not use any Product for racing, mountain riding, stunt, or trick riding. You agree that You will not operate and/or use any Products on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. You agree that You will not use any Products for hire or reward, nor use any Products in violation of any law, rule, regulation, and/or ordinance.
1.11. Weight and Cargo Limits : You must not exceed the maximum weight limit for any Products (220 pounds). You will not carry people or animals anywhere on any Product.
1.12. No Tampering : You must not tamper with, attempt to gain unauthorized access to, or otherwise use any Services in a manner that does not comply with this Agreement.
1.13. Reporting of Damage or Crashes : You must report any accident, crash, damage, personal injury, stolen or lost Product to GOGOGO LLC as soon as possible. If a crash involves personal injury, property damage, or a stolen Product, You shall file a report with the local police department within 24 hours.
1.14. Assumption of Liability by You : YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
1.15. You are Responsible for Product Damage; Vandalism : You agree to return any Product to GOGOGO LLC in the same condition in which such Product was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Product that You damage and/or cause damage to. You will not be responsible for normal wear and tear of the Products. If You vandalize any Product, You shall be liable for up to $1,500 for each Go-kart, $600 for each miniPRO, and $500 for each Drift, in GOGOGO LLC’s sole and absolute discretion.
1.16. Availability and Usage of E-vehicles : You agree and acknowledge that E-vehicles may not be available at all times. E-vehicles require periodic charging of batteries in order to operate. You agree to use and operate E-vehicles safely and prudently and comply with all restrictions and requirements associated with E-vehicles, as set forth in any all applicable laws, rules, regulations, and/or ordinances. You understand and agree to the following:
1.16.1. The level of charge power remaining in the E-vehicle will decrease with use of the E-vehicle (over both time and distance), and that as the level of charge power decreases, the speed and other operational capabilities of the E-vehicle may decrease (or cease in their entirety).
1.16.2. The level of charging power in the E-vehicle at the time You initiate the rental or operation of E-vehicle is not guaranteed and will vary with each rental use.
1.16.3. The rate of loss of charging power during the use of the E-vehicle is not guaranteed and will vary based on the E-vehicle, road conditions, weather conditions and/or other factors.
1.16.4. It is Your responsibility to check the level of charge power in the E-vehicle and to ensure that it is adequate for the ride before initiating operation of the E-vehicle.
1.16.5. GOGOGO LLC does not guarantee the distance and/or time that You may operate any E-vehicle before it loses charging power completely. The E-vehicle may run out of charging power and cease to operate at any time during Your rental of the E-vehicle, including before reaching Your desired destination.
2. ARBITRATION; CLASS ACTION WAIVER; DISPUTE RESOLUTION.
2.1. Dispute Resolution : Certain portions of this Section 2 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and GOGOGO LLC expressly agree and intend that this Section 2 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 2 can only be amended by mutual agreement.
2.2. Informal Resolution of Disputes and Excluded Disputes : If any controversy, allegation, or claim arises out of or relates to the Services, the Content, Your User-Submissions, this Agreement, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of GOGOGO LLC’s actual or alleged intellectual property rights (an “Excluded Dispute”), then You and GOGOGO LLC agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide us. But if no such information exists or if such information is not current, then We have no obligation under this Section 2.1. Your notice to us must be sent to: GOGOGO LLC, 580 N. Holliston Ave., Pasadena, CA 91106(Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, GOGOGO LLC and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or GOGOGO LLC to resolve the Dispute or Excluded Dispute on terms with respect to which You and GOGOGO LLC, in each of our sole discretion, are not comfortable.
2.3. Binding Arbitration : If We cannot resolve a Dispute as set forth in Section 2 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND GOGOGO LLC (WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICES. The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between GOGOGO LLC and You regarding this Agreement (and any Additional Terms) and the Services, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. GOGOGO LLC and You agree, however, that State or federal law shall apply to, and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between You and GOGOGO LLC regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to State’s choice of law principles.
2.4. Applicability of JAMS Rules and Location of Arbitration : A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that You and an officer or legal representative of GOGOGO LLC consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where You are a resident at the time the Dispute is submitted to arbitration. You and GOGOGO LLC will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require GOGOGO LLC to pay a greater portion or all of such fees and costs in order for this Section 2 to be enforceable, then GOGOGO LLC will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Agreement and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Agreement or the Services. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.
2.5. Arbitrator’s Decision : The Arbitrator will render a written decision within the time frame specified in the JAMS Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator’s decision shall be final and binding on all parties. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and costs, as long as the Arbitrator includes such an award of attorneys’ fees and costs in the written decision.
2.6. Limited Time to File Claims : TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR GOGOGO LLC WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR GOGOGO LLC MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth herein; (b) filing for arbitration with JAMS as set forth herein; or (c) filing an action in state or Federal court.
2.7. Injunctive Relief : The foregoing provisions of this Section 2 will not apply to any legal action taken by GOGOGO LLC to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Your User Submissions and/or GOGOGO LLC’s intellectual property rights (including those that GOGOGO LLC may claim are in dispute), GOGOGO LLC’s operations, and/or GOGOGO LLC’s Products and/or Services.
2.8. No Class Action Matters : YOU AND GOGOGO LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 2 to arbitrate will not apply and the Dispute must be brought exclusively in court. Notwithstanding any other provision of this Section 2, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
2.9. Federal and State Courts in Los Angeles County, California : Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising out of or related to this Agreement, any Product, and/or any of the Services, may only be instituted in state or Federal court in Los Angeles, California. Accordingly, You and GOGOGO LLC consent to the exclusive personal jurisdiction and venue of such courts for such matters.
2.10. Small Claims Matters Are Excluded from Arbitration Requirement : Notwithstanding the foregoing, either You or GOGOGO LLC may bring a qualifying claim or Dispute (but not Excluded Disputes) in small claims courts of competent jurisdiction.
3. PAYMENT AND FEES.
3.1. Fees : You may use the Products on a pay per ride basis or as otherwise in accordance with the pricing described in person. In each case, fees and other charges may be subject to applicable taxes and other local and/or state government charges, which may be charged and collected by GOGOGO LLC. GOGOGO LLC will charge Your credit card or debit card (collectively, Your “Card”) or other agreed payment methods the amount of the fees as described in this Agreement.
3.2. Promo Codes : Promo codes (“Discounts”) are one-time offers and can only be redeemed in person. GOGOGO LLC reserves the right to modify or cancel Discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
3.3. Maximum Rental Time and Charges : Maximum rental time is 4 hours. You agree that You will deactivate the Product rental within 4 hours of time that rental of the Product began. You may then rent again. You agree that You are solely responsible for being aware of any elapsed time related to timely locking any Product. The maximum charge is $1,000 for any Go-kart, and $500 for any E-vehicle, all based on a 4-hour period. After return of the Product, You will be charged the accumulated rental charges, or the maximum 4-hour charge; whichever is less. Products not returned (locked and a ride concluded) within 10 hours will be considered lost or stolen, and You may be charged up to $1,500 for each Go-kart, $600 for each miniPRO, and $500 for each Drift, and a police report may be filed against You. We may also charge a service fee of $100, in Our sole discretion, for rentals in excess of 4 hours where the Product is not considered lost or stolen.
3.4. Valid Credit Card or Debit Card : You must provide a valid Card number and expiration date before You will be registered to use the Services. You represent and warrant to GOGOGO LLC that You are authorized to use any Cards You furnish to GOGOGO LLC. You authorize GOGOGO LLC to charge the Card for all fees incurred by You. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by GOGOGO LLC. If You dispute any charge on Your Card account, then You must contact GOGOGO LLC within 10 business days from the end of the month with the disputed charge, provide to GOGOGO LLC all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. You agree to immediately inform GOGOGO LLC of all changes relating to Your Card.
3.5. Pick Up Fees : If You are unable to return any Product to a valid area ( i.e., You deactivate a Product on private property, a locked community, and/or any other unreachable area), and request that the Product be picked up by GOGOGO LLC, then We, in Our sole and absolute discretion, may charge You a pick-up fee up to $1,000. If any Product accessed under Your account is abandoned without notice, You will be responsible for all fees until the Product is recovered and deactivated, plus a service charge of up to $1,000, to recover the Product. Fees are subject to change in GOGOGO LLC’s sole and absolute discretion, and without notice to You.
4. TERMS APPLICABLE TO SUBSCRIPTIONS AND AUTORENEWALS.
4.1. Generally : To purchase access and use of any subscriptions offered through the Services, You must be at least eighteen (18) years of age or the applicable age of majority in Your jurisdiction of residence. Prior to the purchase and/or rental of any Products or Services, You must provide us with a valid Card number and associated payment information including all of the following: (i) Your name as it appears on the Card, (ii) Your Card number, (iii) the Card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge Your Card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, You agree that You authorize us and/or our processor to charge Your Card at our convenience but within thirty (30) days of Card authorization. For any product or service that You order on the Services, You agree to pay the price applicable (including any sales taxes and surcharges) as of the time You submit the order. GOGOGO LLC will automatically bill Your Card or other form of payment submitted as part of the order process for such price. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at Your sign-up or in other communications made available to You. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend Our offered membership plans.
4.2. Subscription Term & Termination : Except in the event of a free trial offer, Your subscription will commence as of the date Your payment for a subscription is received by GOGOGO LLC. Your subscription will continue in full force for the length of the term You specifically purchased or on a month-to-month term until such time as You cancel the subscription as further explained below (the “Subscription Term”). In the event that You cancel a subscription in the middle of Your Subscription Term, You will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. GOGOGO LLC will have the right, upon written notice to You, to terminate this Agreement, and suspend Your access to their subscription, if: (a) You fail to pay GOGOGO LLC any amount due under this Agreement; and/or (b) You materially breach any term or condition of this Agreement. GOGOGO LLC shall have the right to terminate this Agreement and suspend Your access to the subscription with or without cause, upon thirty (30) days written notice to You in which case You will no longer be charged for access to the subscription. Upon the expiration or termination of this Agreement for any reason, Your access to, and use of, their subscription will terminate.
4.3. Free Trials/Promotional Offerings : We may offer promotional trial subscriptions to access the Services for free for a limited time or at special discounted prices. If You sign up for a trial use, Your rights to use the Services are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable Additional Terms. Please be aware that when You sign up for a free trial, You will be required to provide Your Card number and GOGOGO LLC will confirm Your Card is valid. When We process Your Card, some credit card companies may place a temporary hold on Your account for Your first payment. Please contact Your Card company if You have questions. Please note that We do not provide price protection or refunds in the event of a price drop or promotional offering.
ONCE YOUR FREE TRIAL ENDS, WE OR A THIRD PARTY PAYMENT PROCESSOR WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES), UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. IF YOUR FREE TRIAL ENDS AND YOUR SUBSCRIPTION BEGINS, YOUR SUBSCRIPTION WILL AUTORENEW AND YOU WILL BE BILLED ON A RECURRING BASIS FOR YOUR EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL. INSTRUCTIONS FOR CANCELING YOUR MEMBERSHIP SUBSCRIPTION ARE DESCRIBED BELOW. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE AND ABSOLUTE DISCRETION.
4.4. Auto-Renewal of Subscription Membership : Your subscription to the Services will automatically renew at the end of Your Subscription Term continuously and indefinitely without action by You, and the subscription membership fee will be charged to You at the time of renewal. Once Your membership fee has been paid You will be entitled to all privileges included in the membership until the membership is cancelled by You as set forth in the paragraph below. By providing Your payment method information for Your subscription, You are agreeing to pay a subscription fee (and any applicable taxes and service fees (collectively, “Fees”), that will automatically renew, at the then current rate, unless You cancel prior to the expiration of the current Subscription Term. The Fees will be charged to Your original payment method automatically at the beginning of Your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of Your current Subscription Term, unless You cancel Your subscription, or Your account is suspended or terminated pursuant to this Agreement. The renewal Subscription Term will be the same length as Your initial Subscription Term unless otherwise disclosed to You at the time of sale. The rate for the renewal Subscription Term will be the then current subscription-rate. The Fees charged to Your payment method may vary from Subscription Term to Subscription Term due to changes in Your subscription plan or applicable taxes, and You authorize GOGOGO LLC to charge Your payment method for these amounts. GOGOGO LLC reserves the right to change the pricing of subscription at any time. In the event of a price change, GOGOGO LLC will post the new pricing on the Services and attempt to notify You in advance by sending an email to the address You have registered for Your account. You agree that We may change the pricing We charge You for Your subscription and any Products/Services offered in Your subscription package by providing You with notice through an electronic communication from us and You agree that all agreements, notices, disclosures, and/or any other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to You. If You do not wish to accept a price or subscription package change made by us, You may cancel Your subscription as described below, otherwise You will be deemed to have consented to the price/subscription package change and authorize GOGOGO LLC to charge the new Fees to Your payment method. If there are any discrepancies in billing, You hereby waive Your right to dispute such discrepancies if You do not notify GOGOGO LLC within sixty (60) days after they first appear on an account statement.
4.5. Methods of Payment, Credit Card Terms and Taxes : All payments to GOGOGO LLC are made through a third party payment processor(s). We accept any and all methods of payment that Our third party payment processor(s) accept. We currently do not accept business checks or any other payment form, although in the future We may change this policy. Your Card issuer agreement governs Your use of Your designated Card, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder. You represent and warrant that You will not use any Card or other form of payment unless You have all necessary legal authorization to do so. YOU, AND NOT GOGOGO LLC, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify GOGOGO LLC of any discrepancies within sixty (60) days after they first appear on Your Card statement, You agree that they will be deemed accepted by You for all purposes. If GOGOGO LLC does not receive payment from Your Card issuer or its agent, You agree to pay all amounts due upon demand by GOGOGO LLC or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on Your purchases, including, but not limited to, sales, use or value-added taxes. GOGOGO LLC shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
4.6. Refund Policy : All purchase transactions made through the Services are subject to GOGOGO LLC’s return policy in effect at the time of purchase. Currently, GOGOGO LLC’s refund policy is to not offer any refunds for any subscriptions purchased through the Services, except in GOGOGO LLC’s sole and absolute discretion.
4.7. Order Acceptance Policy : Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of our offer to sell. GOGOGO LLC reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. GOGOGO LLC further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by GOGOGO LLC upon our delivery of Products and/or Services that You have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, You agree that, if We cancel all or a portion of Your order or if We provide You less than the quantity You ordered, Your sole and exclusive remedy is either that: (a) We will issue a credit to Your Card account in the amount charged for the cancelled portion or the quantity not provided (if Your Card has already been charged for the order); or (b) We will not charge Your Card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order You have placed with GOGOGO LLC has been effected until You receive a confirmation from GOGOGO LLC via email or the Services. As stated above, You will be responsible for, and Your Card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before Your cancellation/change request or a request to terminate Your account was received.
4.8. No Responsibility to Sell Mispriced Products or Services : We do our best to describe every item, product or service offered on the Services as accurately as possible. However, We are human, and therefore We do not warrant that specifications or pricing on the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, GOGOGO LLC shall have the right to refuse or cancel any orders in GOGOGO LLC’s sole and absolute discretion. If We charged Your credit card or other account prior to cancellation, We will issue a credit to Your account in the amount of the charge. Additional terms may apply. If a product You purchased from GOGOGO LLC is not as described, Your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
4.9. Modifications to Prices or Billing Terms : The purchase and/or rental of Products and/or Services is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICES MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. GOGOGO LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICES OR BY ELECTRONIC DELIVERY TO YOU.
4.10. Account Registration And Security : You understand that You may need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about You as prompted by the Services’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or GOGOGO LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GOGOGO LLC has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. We have the right to provide Your billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business, or in some cases, as a result of mandatory data sharing with governments). Please note that anyone able to provide Your personally identifiable information will be able to access Your account so You should take reasonable steps to protect this information.
5. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.
5.1. Releases : “Claims” means, collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Products, equipment or related information, and/or (b) Your use of any of the foregoing. “Released Persons” means, collectively GOGOGO LLC and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for being allowed to use any of the Services, and other equipment or related information provided by GOGOGO LLC, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the Services.
5.2. Waiver of California Civil Code Section 1542 : You expressly agree and acknowledge that You may discover facts or law different from, or in addition to, the facts or law that You know or believe to be true with respect to the Claims and the Released Persons. Nonetheless, You expressly agree and acknowledge that Section 5.1 above shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. You expressly agree and acknowledge that all rights under California Civil Code Section 1542 are expressly waived. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
6. DISCLAIMERS.
6.1. Disclaimer of Warranties : TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT, GOGOGO LLC AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.2. Services Provided As-Is : ALL OF THE SERVICES, PRODUCTS, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
Therefore, to the fullest extent permissible by law, the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
6.2.1. the Services (including the Products, the Content, the equipment rented through the Services, and the User Submissions);
6.2.2. the functions, features, or any other elements on, or made accessible through, the Services;
6.2.3. any instructions offered or referenced at or linked through the Services;
6.2.4. security associated with the transmission of Your User Submissions transmitted to GOGOGO LLC via the Services;
6.2.5. whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your Device(s));
6.2.6. whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
6.2.7. whether any defects to or errors on the Services will be repaired or corrected;
6.2.8. whether Your access to the Services will be uninterrupted;
6.2.9. whether the Services will be available at any particular time or location; and
6.2.10. whether Your use of the Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A RELEASED PERSON, RELEASED PERSONS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
GOGOGO LLC AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable. However, in those jurisdictions, GOGOGO LLC expressly disclaims any and all warranties to the fullest extent permitted by applicable law.
7. LIMITED LIABILITY OF GOGOGO LLC; ASSUMPTION OF RISK BY YOU.
7.1. Limited Liability : YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, GOGOGO LLC AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A SNELL, CPSC, ANSI OR ASTM APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY PRODUCT, AND/OR (F) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
7.2. Waiver of Claims : YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, AND/OR OTHER GROUNDS, EVEN IF GOGOGO LLC OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
7.3. Maximum Liability to GOGOGO LLC : THE TOTAL LIABILITY OF GOGOGO LLC AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $50.
7.4. Assumption of Risk by You : YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT GOGOGO LLC IS NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
7.4.1. You are solely and fully responsible for the safe operation of the Products at all times.
7.4.2. You agree that the Products are machines that may malfunction, even if the Products are properly maintained, and that such malfunction may cause injury.
7.4.3. You agree that riding the Products involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
7.4.4. You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet other protective gear. GOGOGO LLC advises You to wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions at all times while using any of the Products, whether required by law or not. You expressly understand and agree that it is solely Your responsibility to determine whether You are required to wear a helmet in the particular jurisdiction in which You are using the Products. If You do not wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions, You do so at Your own risk.
7.4.5. You agree that if Your use of any of the Services, Products, and/or related equipment causes any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown.
8. INDEMNIFICATION.
8.1. Indemnification : You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the Services, Products, and/or related equipment, (ii) Your User Submissions; (iii) Your use of the Services and Your activities in connection with the Services; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services (including the Products) or Your activities in connection with the Services; (vi) information or material transmitted through Your Device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons’ use of the information that You submit to Us (including Your User Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.
9. TERM AND TERMINATION.
9.1. Term : The term of this Agreement begins when You first use the Services, and the term ends 10 years after You last use the Services; provided, however, that Your personal financial responsibility under this Agreement expires one year after You last use the Services.
9.2. Termination by GOGOGO LLC : At any time and from time to time, and without Your consent, GOGOGO LLC may unilaterally terminate Your right to use the Services, in GOGOGO LLC’s sole and absolute discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by GOGOGO LLC, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) You may still be charged any applicable fees in accordance with this Agreement.
9.2.1. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.
10. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES.
10.1. Information Kept According to Privacy Policy : All personally identifiable information that is held by GOGOGO LLC and pertains to You, including all names, addresses, phone numbers, email addresses, Card numbers, and/or pass numbers, will be kept by GOGOGO LLC in accordance with our Privacy Policy (provided), however, that (i) if there is any situation where You are unable to communicate personal information to the appropriate authorities, then GOGOGO LLC may, in Our sole and absolute discretion, provide Your name, address, phone number, and other information to such authorities, (ii) if GOGOGO LLC receives a subpoena from any court or other authority, then GOGOGO LLC will provide all requested information in accordance with applicable law, and (iii) GOGOGO LLC may disclose aggregate and other data about You in accordance with applicable law, including, without limitation, general latitude and longitude data for Your addresses (provided this would not allow any individual’s address to be separately identified). In addition, GOGOGO LLC may disclose individual data to a third party upon Your express permission and consent (e.g. enrollment in a study).
10.2. Reservation of Rights : We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement and any Additional Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to us under this Agreement or any Additional Terms. Upon suspension or termination of Your access to the Services, or upon notice from us, all rights granted to You under this Agreement or any Additional Terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of this Agreement and any Additional Terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to us in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
11. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED.
11.1. You acknowledge that telephone calls to or from GOGOGO LLC may be monitored and recorded and You agree to such monitoring and recording.
11.2. You verify that any contact information provided to GOGOGO LLC, including but not limited to, Your name, email address, and Your mobile telephone number is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide to us. Should any of Your contact information change, including Your telephone number, You agree to notify us immediately by calling Customer Service at (818)303-6358, emailing jay@GOGOGO LLC.rentals, texting (818)303-6358 (or by texting STOP to a text message from GOGOGO LLC prior to changing Your number). You agree to indemnify, defend, and hold GOGOGO LLC harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state, or local law, regulation, or ordinance, including but not limited to the Telephone Consumer Protection Act (“TCPA”).
11.3. By voluntarily providing Your telephone number(s) to GOGOGO LLC, You expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to special offers, Your account, any transaction with us, and/or Your relationship with GOGOGO LLC. These telephone calls and text messages may include, but are not necessarily limited to, for example, changes to Your account, verification codes, information in connection with a Go-kart or scooter rental, equipment updates, promotions, and updated payment information. Consent to receive automated marketing calls/texts is not a condition of any rental or purchase. You may receive marketing calls or text messages even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for calls or text messages by Your telephone carrier and that GOGOGO LLC is not responsible for these charges.
11.4. You agree that GOGOGO LLC may obtain, and You expressly agree to be contacted at, email addresses, mailing addresses, and phone numbers provided by You directly or obtained through other means. You agree to receive automated calls and text messages even if You cancel Your account or terminate Your relationship with us, except if You opt-out. You may opt-out of text messages by replying STOP to any text message. You consent to receive an additional text message confirming Your opt-out request. For help, text HELP. To opt-out of automated telephone calls (but not text messages), call (818)303-6358 or email jay@GOGOGO.rentals. Please allow up to thirty (30) days to process any opt-out request. It is Your sole obligation to notify GOGOGO LLC that You do not want to receive calls or text messages by following the instructions in this Section. You waive any rights to bring claims for unauthorized, unsolicited, or undesired calls or text messages by failing to opt-out immediately and in accordance with these opt-out instructions. Please note that if You opt out of automated calls/texts, we reserve the right to make non-automated calls/texts to You. Your obligations under this Section shall survive termination of these Terms.
12. ADDITIONAL TERMS OF USE.
12.1. Safety Check : Before each use of any Product, You shall conduct a basic safety inspection of the Product, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) proper attachment of the seat, pedals, and basket; (iv) good condition of the frame; (v) sufficient of battery charge power; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You agree not to ride the Product if there are any noticeable issues, and to immediately notify customer service to alert GOGOGO LLC of any problems.
12.1.1. If at any time, whether prior to, during, or after riding any Product, You discover any defect or notice any other potentially unsafe condition on any Product, no matter how slight, You must not use the Product, or, if You are already riding the Product, You must immediately cease riding when it is safe to do so.
12.1.2. You agree to immediately report the defect or condition to GOGOGO LLC.
12.1.3. If You do not strictly comply with the aforementioned requirements, You shall be totally and completely liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, and You shall indemnify and hold harmless GOGOGO LLC for the same.
12.2. Lost or Stolen Products : If a Product is not returned within 48 consecutive hours, then the Product may be deemed lost or stolen, in GOGOGO LLC’s sole and absolute discretion, and a police report may be filed against You with local authorities. The data generated by the Services’ computer is conclusive evidence of the period of use of the Products by You. You must report any disappearance or theft of any Product to GOGOGO LLC immediately or as soon as possible.
12.3. Helmets; Safety : GOGOGO LLC advises You to wear a helmet at all times while using any of the Services, Products, and/or related equipment, whether required by law or not.
12.3.1. GOGOGO LLC recommends that You wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions.
12.3.2. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Product is operated, You agree to comply with such laws and regulations at all times.
12.3.3. You agree that neither GOGOGO LLC nor the Released Persons are liable for any injury or death suffered by You while using the Services, whether or not You are wearing a helmet at the time of injury.
12.3.4. You expressly acknowledge and agree that You may need to take additional safety measures or precautions not specifically addressed in this Agreement, and You expressly acknowledge and agree that determining whether You must do so is Your sole responsibility - not GOGOGO LLC’s responsibility.
12.4. Routes : You agree that GOGOGO LLC may or may not provide or maintain places to ride the Products, and that GOGOGO LLC does not guarantee that there will always be a safe place to ride any particular Product. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of GOGOGO LLC’s control. GOGOGO LLC shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route. You must obey all laws at all times in choosing a route, and it is Your sole responsibility to be familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which You are using GOGOGO LLC’s Services and/or Products.
12.5. Limitations on Rental . You agree that GOGOGO LLC is not a common carrier. Alternative means of public and private transportation are available to the general public and to You individually. GOGOGO LLC provides the Services and Products only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate the Products on their own and who have agreed to all terms and conditions of this Agreement.
12.6. Limitation on Availability of Services : GOGOGO LLC makes every effort to provide the Services 365 days per year, but We do not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent GOGOGO LLC from providing the Services. Access to the Services is also conditioned on the availability of Products. GOGOGO LLC does not represent or warrant the availability of any Services or the availability of any Products at any time. You agree that GOGOGO LLC may require You to return a Product at any time
12.7. License to Image and Likeness : For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to GOGOGO LLC and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to GOGOGO LLC and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as GOGOGO LLC may decide in its sole and absolute discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge GOGOGO LLC and all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
12.8. Access License : Subject to Your strict compliance with this Agreement and the Additional Terms, GOGOGO LLC grants You a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless Device, or other Internet enabled Device (each, a “Device”) for Your personal, non-commercial use only. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without GOGOGO LLC’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Us to You. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in GOGOGO LLC’s sole and absolute discretion, and without advance notice or liability.
12.9. Copyright and Ownership : All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by GOGOGO LLC, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of GOGOGO LLC or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
12.10. Trademarks/No Endorsement : All trademarks, service marks and trade names of GOGOGO LLC used herein (including but not limited to: GOGOGO LLC name, GOGOGO LLC corporate logo, the Services name, the Services design, and/or any logos) (collectively “Marks”) are trademarks or registered trademarks of GOGOGO LLC or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify GOGOGO LLC trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without GOGOGO LLC’s prior written consent. You shall not use GOGOGO LLC’s name or any language, pictures or symbols which could, in GOGOGO LLC’s judgment, imply GOGOGO LLC’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
12.11. Solicited Submission Policy : Where GOGOGO LLC has specifically invited or requested submissions or comments, GOGOGO LLC encourages You to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to GOGOGO LLC that they have created for consideration in connection with the Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, You expressly grant GOGOGO LLC a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and GOGOGO LLC shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
12.12. Inappropriate User Submissions : GOGOGO LLC does not encourage, and does not seek, User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that You have not and will not engage in any of the foregoing activities in connection with producing Your User Submission. Without limiting the foregoing, You agree that in conjunction with Your submission, You will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. GOGOGO LLC will reject any User Submissions in which GOGOGO LLC believes, in its sole and absolute discretion, that any such activities have occurred. If notified by You of a submission that allegedly violates any provision of this Agreement, GOGOGO LLC reserves the right to determine, in its sole and absolute discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.
12.13. Inappropriate Material : You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole and absolute discretion, that You have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Agreement, We may take any action We deem necessary to cure or prevent the violation, including, without limitation, banning You from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
12.14. Access and Interference : You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole and absolute discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures We may use to prevent or restrict access to the Services.
12.15. Right to Takedown Content : Except as disclosed in our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail or Content posted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on GOGOGO LLC or the Services; (2) protect and defend the rights or property of GOGOGO LLC, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and GOGOGO LLC shall have no obligation to prescreen any such content. However, We shall have the right in Our sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Agreement access to the Services or any part thereof.
12.16. User Published Content : User published Content and User Submissions do not represent the views of GOGOGO LLC or any individual associated with GOGOGO LLC, and We do not control this Content. In no event shall You represent or suggest, directly or indirectly, GOGOGO LLC’s endorsement of user published Content. GOGOGO LLC does not vouch for the accuracy or credibility of any user published Content on our Services or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions You may take as a result of reviewing any such user published Content or User Submission. Through Your use of the Services and Services, You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, You assume all associated risks.
12.17. Third Party Links : From time to time, the Services may contain links to websites that are not owned, operated or controlled by GOGOGO LLC or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither We nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither We nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You decide to access any other websites linked to or from the Services, You do so entirely at Your own risk.
12.18. Transactional Partners : In some cases, We partner with another company to co-promote their services within our Services. In these cases, You are transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their Agreement are posted. When using these partner pages, You are bound by the partner Agreement in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the partner’s agreement, Our Agreement will prevail.
12.19. Termination : You or We may suspend or terminate Your right to use of the Services at any time, for any reason or for no reason. We may also block Your access to our Services in the event that (a) You breach these Agreement; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, our users or us.
12.20. Representations and Warranties : You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. You represent that You have read, understood, agree with, and will abide by the terms of this Agreement. In addition, You represent and warrant that Your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by You, You have prior written permission from the rightful owner of the content included in Your User Submissions, or You are otherwise legally entitled to grant GOGOGO LLC all of the rights granted herein; and (b) GOGOGO LLC’s use of Your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity and privacy, and defamation. Furthermore, You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them.
12.21. Wireless Features : The Services may offer certain features and services that are available to You via Your wireless Device or Walkie-Talkie. These features and services may include the ability to access the Services’ features and upload content to the Services, receive messages (including voice, text and SMS messages) from the Services, and download applications to Your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Device. You should check with Your carrier to find out what plans are available and how much they cost. Contact Your carrier with questions regarding these issues. You confirm that You are the current subscriber and/or customary user of the mobile number registered with the Services and authorized to incur any message or data charges that may be charged by Your carrier. You are strictly prohibited from registering a mobile number that is not Your own. If We discover that any information provided is false or inaccurate, We may hold, suspend or terminate Your access to the Services at any time. Your participation in the Services are completely voluntary.
12.21.1. You agree that as to the Wireless Features for which You are registered, We may send communications to Your wireless Device regarding us or other parties. Further, We may collect information related to Your use of the Wireless Features. If You have registered via the Services for Wireless Features, then You agree to notify us of any changes to Your wireless contact information (including phone number) and update Your accounts on the Services to reflect the changes.
12.21.2. You must notify GOGOGO LLC immediately of any breach of security or unauthorized use of Your mobile phone. Although GOGOGO LLC will not be liable for Your losses caused by any unauthorized use of Your mobile Device, You may be liable for the losses of GOGOGO LLC or others due to such unauthorized use.
12.22. Force Majeure : Neither GOGOGO LLC nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.
12.23. General : This Agreement and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions. A printed version of this Agreement will be admissible in judicial and 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. When You communicate with us electronically, such as via e-mail and text message, You consent to receive communications from us electronically. Please note that We are not obligated to respond to inquiries that We receive. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. These Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by GOGOGO LLC in Our sole and absolute discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this Agreement shall survive any termination or expiration of this Agreement. To the extent permitted by applicable law, You agree to waive, and You hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Except as expressly set forth in this Agreement or any Additional Terms, (i) no failure or delay by You or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Services and You will be responsible for all charges related to them. GOGOGO LLC controls and operates the Services from its U.S.-based offices in the U.S.A., and GOGOGO LLC makes no representation that the Services is appropriate or available for use beyond the U.S.A. If You use the Services from other locations, You are doing so on Your own initiative and are responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in Our sole and absolute discretion, and to limit the quantities of any content, program, product, service, or other feature that We provide. You and We disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods.
12.24. Digital Millennium Copyright Act (“DMCA”) Notice : In operating the Services, We may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that We do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. GOGOGO LLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. GOGOGO LLC has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of GOGOGO LLC or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If You believe any material available via the Services infringe a copyright, You should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom You should address infringement notices under the DMCA is jay@GOGOGO.rentals
12.24.1. Please provide the following notice:
12.24.1.1. Identify the copyrighted work or other intellectual property that You claim has been infringed;
12.24.1.2. Identify the material on the Services that You claim is infringing, with enough detail so that We may locate it on the Services;
12.24.1.3. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
12.24.1.4. A statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
12.24.1.5. Your address, telephone number, and email address; and
12.24.1.6. Your physical or electronic signature.
12.24.2. We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If You receive such an infringement notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
12.24.2.1. Your physical or electronic signature;
12.24.2.2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
12.24.2.3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
12.24.2.4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
12.25. Updates to Terms : AS OUR SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER SERVICES MAY BE MODIFIED. AS SUCH, YOU EXPRESSLY AGREE TO THE FOLLOWING:
12.25.1. We may cease offering the Services under the terms or Additional Terms for which they were previously offered.
12.25.2. Each time You use the Services You are entering into a new agreement with us on the then applicable terms and conditions.
12.25.3. You agree that we may notify You of any updated terms by posting a link to the then current version of this Agreement on the App, the Services, and/or in any other reasonable manner of notice which we elect.
12.25.4. Your use of the Services after such notice constitutes Your going forward agreement to the revised agreement.
12.25.5. You will review the posted user agreement/terms of service and any applicable Additional Terms each time You use the Services.
12.25.6. You agree that the revised Agreement will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in any other notice to You.
12.25.7. This Agreement (and any applicable Additional Terms) that applied when You previously used the Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed.
12.25.8. In the event any notice to You of new, revised or Additional Terms is determined to be insufficient, the prior agreement between You and Us shall continue until sufficient notice to establish a new agreement occurs.
12.25.9. You should frequently check the App, the home page, and the e-mail You associated with Your account for notices, all of which You agree are reasonable manners of providing You notice.
12.25.10. You can reject any new, revised or Additional Terms by discontinuing use of the Services and related services.
12.26. Additional Assistance . If You do not understand any of the foregoing Agreement or if You have any questions or comments, We invite You to contact Us at jay@gogogo.rentals By signing-up for the Services, You agree that: (i) We may give You notices of important matters by prominently posting notice on the home page of the Services or in another reasonable manner We determine in Our sole and absolute discretion; and (ii) We may contact You and send You communications by postal mail and e-mail at the addresses provided in Your account. These communications may include marketing communications about the Services as well as other promotional offers unrelated to the Services and You consent to receive these communications from us even if You previously indicated to us that You no longer wanted to receive communications from us. Your sign-up to the Services will serve as Your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that You receive from us relating to the Services by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if You change Your e-mail or mailing address by updating Your account.
12.27. Copyright Notice : All design, graphics, text selections, arrangements, and all software are Copyright © 2018, GOGOGO LLC. and its related companies or its licensors. ALL RIGHTS RESERVED.
12.28. California Consumer Rights : Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
ACCEPTANCE OF AGREEMENT
I certify that I am at least 18 years old, and that I have read and expressly agree to the terms and conditions set forth in this Agreement, including specifically, the arbitration and class action waiver provisions.
OR
I certify that I am the parent and/or legal guardian of the minor User, who is at least 13 years old, and that I am at least 18 years old. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement, including specifically, the arbitration and class action waiver provisions. I authorize use of the Services by the minor User through my account, and further certify that I have not permitted any minor to create an account, but have specifically authorized any minor use of a Go-kart only under Section 1.3 of this Agreement, and under my account. I will supervise and ensure that the minor User complies with all of the terms set forth in this Agreement and I expressly agree to indemnify and hold GOGOGO LLC harmless against any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of the minor’s use of the Go-kart and/or any of the Services. I further expressly guarantee the minor’s acceptance of the terms of this Agreement, and I will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement.