Gogomo

Terms & Conditions

IMPORTANT: IN PROCEEDING WITH THE COMPLETION OF YOUR REGISTRATION YOU HAVE AGREED WITH THE FOLLOWING TERMS AND CONDITIONS AND ACCEPT THE TERMS OF THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY AND IF YOU NEED FURTHER EXPLANATION PLEASE CONTACT CUSTOMER SERVICE AT support@Gogomo.com. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITION, DO NOT USE THE SERVICE.

Welcome to Gogomo! This agreement (“Agreement”) is a contract between you and Gogomo (“Gogomo”) and governs your use of the Gogomo Website, all Advertisements (defined below), the Gogomo Merchandising Solution and Store and the Gogomo Website on a PC, mobile device or any other device (collectively, the “Service”). The Gogomo Website means this web site, advertisement , widget and Service, as accessed by the following domain names: www.Gogomobile.com, mygogomo.com and www.Gogomo.com; however, the Gogomo Website does not refer to any other web site linked to or from this web site. By completing the registration process and accepting this Agreement, you represent that (i) you have read and understood this Agreement and agree to be bound by its terms and conditions and (ii) you are at least 18 years of age. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not check the acceptance box and do not continue the registration process or attempt to access the Service. Your continued use of the Service indicates your knowledge and acceptance of this agreement and any subsequent modifications.

NOTICE

Gogomo may at any time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at www.Gogomobile.com or www.Gogomo.com. Any changes we make will be effective immediately upon posting a revised version of this Agreement on the Gogomo Website. If you do not agree to be bound by (or cannot comply with) the Agreement as amended or supplemented, your only remedy is to cancel your Gogomo account. You will be deemed to have accepted the Agreement as amended or supplemented thirty days after the amended or supplemented agreement is posted or if you continue to use the Service; all other terms of this Agreement will continue in effect.

CUSTOMER SUPPORT

Gogomo is dedicated to providing high-quality customer service and support. Please direct any questions concerning the Service or any other Gogomo related issue, to a Gogomo customer support representative. You may contact our customer support department in the following ways:

• 1. Email: send mail to support@Gogomo.com
• 2. Phone: contact us directly at 1 866.791.1138 (toll free) or 1-425-256-2792 from 8:00am to 5:00pm Pacific Time Monday through Friday.

DESCRIPTION OF SERVICE

Gogomo is a social merchandising solution provider for advertisers and publishers that delivers contextually relevant product advertisements enabling you to buy, wish, recommend, gift or share products from thousands of merchants without leaving the host site/service

YOUR REGISTRATION OBLIGATIONS

In order to use the Service, you must register for a Gogomo account and provide certain information (e.g., first and last name, valid email address and/or mobile phone number) to Gogomo (“Registration Data”). There is no charge for becoming a Gogomo registered user. As part of the registration process, you will be asked to enter your valid email address or mobile phone number and password. We may refuse to grant you an account utilizing an email address or mobile phone number that impersonates someone else, is or may be illegal, is not valid, as determined by us in our sole discretion.

If you use a credit card or PayPal account to make purchases on the Website or Service, the credit card holder name and/or the PayPal account holder name must be the same as the name of the registered user on the Gogomo account.

You agree that you will use the Service only in the country where you currently reside. You agree to provide current, complete and accurate Registration Data at the time you register. Gogomo will use your Registration Data in accordance with its Privacy Policy, which you can review on the Gogomo site. Please review this Privacy Policy before you complete the registration process or attempt to use or access the Service.

You agree that you will not allow others to use your mobile number, email address, password and/or Gogomo account. You agree to indemnify and hold harmless Gogomo, its partners, parents, subsidiaries, shareholders, directors, officers, employees, agents, affiliates and/or licensors, etc. as applicable, for any improper, unauthorized or illegal uses of your member name, password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your member name, password and/or account.

ACCESS BY MINORS

Neither Gogomo nor the Service is intended to be used by, and is not directed toward, children under 13 years of age. We do not ask visitors to www.Gogomobile.com, www. mygogomo.com or www.Gogomo.com or registered users or subscribers to provide age information, and for this reason we will treat all visitors, registered users and members the same and shall not be responsible for ensuring that parental approval or control has been obtained.

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation at http://www.eff/org/pub/Censorship/Ratins_filters_labelling/ and of America Links Up at http://www.netparents.org/parentstips/browsers.html

USE OF SERVICE

You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time. The service is for your personal and non-commercial use.

You understand and acknowledge that the Advertisements and Widgets made available as part of the Service are owned by Gogomo, its business partners, affiliates and/or licensors, etc. as applicable, and are protected by intellectual property laws. Gogomo grants you a limited, non-exclusive, non-transferable, revocable right to advertisement or display the Advertisements or widgets to your compatible device solely for your own non-commercial use. You understand and agree that you may not advertisement, reproduce, reverse engineer, modify, display, perform, transfer, distribute or otherwise use the Advertisements or widgets except as expressly provided in this Agreement. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Service.

USER GENERATED CONTENT

The Site and the Services may allow you and other third parties to post data, digital files, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, "User-Generated Content"). All User-Generated Content, whether publicly posted on or privately transmitted via the Gogomo Website or the Services, is the sole responsibility of the person from whom the User-Generated Content originated and not of Gogomo, its partners, parents, subsidiaries, shareholders, directors, officers, employees, agents, affiliates and/or licensors. Gogomo may review and delete any User-Generated Content, in whole or in part, that in the sole judgment of Gogomo violates this Agreement or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Under no circumstances will Gogomo or its shareholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on User-Generated Content or Advertisements (collectively, "Content") obtained through the Gogomo Website or the Services. It is your responsibility to evaluate the Content available through the Services or the Gogomo Website. Although User-Generated Content will not be pre-screened, we may review it at our discretion and we reserve the right to refuse or delete any Content. Gogomo does not represent that it is editorially responsible for User Generated Content on the www.Gogomo.com site, available from the Digital Locker and Store Service. Gogomo does not warrant that User Generated Content does not contain illegal material, infringed material or inappropriate content.

By uploading, submitting or posting User-Generated Content you hereby grant Gogomo and each user of the Website or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the User-Generated Content for any purpose and without acknowledgement to you. By posting or providing User-Generated Content, you represent and warrant that public posting and use of the User-Generated Content by us and any of our users will not infringe on or violate the rights of any third party.

CHARGES / BILLING

By completing the registration process, you authorize Gogomo transfer to the retailer in which you are making the purchase information so that they can charge the appropriate fees (including taxes, delivery fees or premium surcharges) to your designated credit card, paypal, or directly to your mobile telephone invoice, as selected by you for the product or service which you are purchasing. If your billing information changes (e.g., new credit card number, new address or email address, new phone number or carrier, etc.), you must update that information in the “My Account” area of the Gogomo Website.

If you receive messages from the Service to your mobile phone you may be subject to an additional delivery charge. By accepting the agreement you are authorizing those additional charges.

For all purchases made with a credit card or using a PayPal account, the credit card holder name and/or PayPal account holder name must be the same as the name entered as the registered user, subscriber or member name on your Gogomo account.

All fees are subject to change upon notice from Gogomo. Gogomo will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 10 days from such notice to cancel your subscription and/or your account.

OBJECTIONABLE OR EXPLICIT CONTENT

Gogomo is not responsible to you for any content or materials constituting all or part of any Products, User Generated Content or any other aspect of the Service that you might find objectionable or that contains vulgar or explicit sexual content.

MESSAGING SYSTEMS

The Service features Messaging Systems that include text message, IM and e-mail capabilities and may from time to time contain other features that allow you to exchange messages, products, content and other information with other Gogomo registered users, non registered users, subscribers and third parties. You acknowledge and agree that Gogomo has the right but not the obligation to monitor and edit or remove any activity or content it finds objectionable in such Messaging Systems. Gogomo takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other subscribers, members or third parties post or send over the Messaging Systems.

By posting messages, inputting data, or engaging in any other form of communication through the Service, you represent and warrant that you own or otherwise control all applicable rights to the content, materials, messages and the like that you post, upload, transmit or display; that the content, materials, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify and hold harmless Gogomo, its partners, parents, subsidiaries, directors, employees, agents, affiliates and/or licensors, etc. as applicable, for all claims resulting from product, messages, materials and the like that you supply.

In addition to the above, you acknowledge and agree that Gogomo may store and/or disclose, as applicable, any such product, messages or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such product (or your use of the same) violates any third party's rights; or to protect the rights, property or personal safety of Gogomo, its business partners, affiliates, and/or licensors, etc., any other Gogomo user or member, or the general public.

INTERNATIONAL CONSIDERATIONS

Currently, the Service is only available to residents of the United States and Canada. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of the U.S. and Canada. You agree to abide by U.S., Canadian and other applicable export control laws and not to transfer, by electronic transmission, the Messaging Systems or otherwise, any product or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

PRIVACY

For additional information regarding Gogomo's use of information collected in connection with the Service, please refer to Gogomo's Privacy Policy, a copy of which is available on the Gogomo Website.

COPYRIGHT INFORMATION

Gogomo respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Advertisements constitutes copyright infringement, please send a notice to customer service at Gogomo to customer service representative by email at: support@Gogomo.com.

If Gogomo (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Advertisements violates Gogomo's or others' intellectual property rights, Gogomo may, in its sole discretion, suspend or terminate your account with or without notice to you. If Gogomo suspends or terminates your Gogomo account under this paragraph, it shall have no liability or responsibility to you, and Gogomo will not refund any portion of your fees charged to date.

TRADEMARK

All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Gogomo and/or its partners, parents, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display or use any of these marks without prior written permission of Gogomo

NO RESALE

In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Service (or any Advertisements accessible on or through the Service), or your user name or password.

PROMOTIONS AND ADVERTISING

Gogomo and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Gogomo promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither Gogomo nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

SPECIAL PROMOTIONS

From time to time, Gogomo may offer special promotions, offers, incentives or contests (“Special Promotions”). These may include but are not limited to, free or discounted products or service for participation in a promotion, user survey or contest, or for referring friends and family to the Gogomo Service or products, etc. Free content, prizes, member points or other user incentives for participation in the Special Promotions do not have any monetary value and may not be redeemed for cash.

LINKS TO THIRD-PARTY SITES

The Service may present links to retailers and/or other third-party Websites not owned or operated by Gogomo These links are provided only as a convenience to you. Neither Gogomo nor its partners, parents, subsidiaries, directors, employees, agents, affiliates, etc. are responsible for the availability of these outside sites or their products. You understand and agree that neither Gogomo nor its partners, agents, affiliates, etc. are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any product of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.

MODIFICATIONS TO SERVICE

Gogomo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither Gogomo nor its partners, parents, subsidiaries, directors, employees, agents, affiliates and/or licensors etc. shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

REMEDIES

You understand and agree that any unauthorized use of the Service or the Advertisements would result in irreparable injury to Gogomo and its, partners, parents, subsidiaries, directors, employees, agents, affiliates and/or licensors etc. for which money damages would be inadequate, and in such event Gogomo its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Gogomo and its, partners, parents, subsidiaries, directors, employees, agents, affiliates and/or licensors etc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

INDEMNITY

You agree to indemnify and hold harmless Gogomo and its agents, directors, employees, representatives, licensors, licensees, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service, including the Messaging Systems and the Advertisements (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims.

TERMINATION, CANCELLATION AND PLAN CHANGES

Gogomo may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you. If Gogomo terminates this Agreement, or suspends your account it shall have no liability or responsibility to you, and Gogomo will not refund any portion of your fees or unused membership points. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Gogomo This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or Gogomo's enforcement or application of the same; (2) any policy or practice of Gogomo, including its Privacy Policy, or Gogomo's enforcement or application of these policies; (3) the Advertisementsor the Messaging Systems; (4) your use of and/or ability to access and use the Service; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your account by delivering notice to GOGOMO at support@Gogomo.com. Cancellation for monthly subscriptions will take effect at the end of the Subscription Month during which you deliver notice to Gogomo. Gogomo will not prorate or issue a refund for a partial month should you cancel your monthly subscription during the middle of a month. If you are a monthly subscriber who cancels his or her account near the end of the Subscription Month and your credit card or phone bill is charged for the next month's fee, please contact support@Gogomo.com to have that charge refunded.

DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE ADVERTISEMENTS IS AT YOUR OWN SOLE RISK. THE SERVICE AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY GOGOMO OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "GOGOMO ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GOGOMO AND THE GOGOMO ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE ADVERTISEMENTS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. GOGOMO AND/OR THE GOGOMO ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE ADVERTISEMENTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD GOGOMO AND/OR THE GOGOMO ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE ADVERTISEMENTS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER ADVERTISEMENTS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO GOGOMO AND/OR THE GOGOMO ENTITIES AS APPLICABLE.

UNDER NO CIRCUMSTANCES SHALL GOGOMO AND/OR THE GOGOMO ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE ADVERTISEMENTS.

UNDER NO CIRCUMSTANCES SHALL GOGOMO AND/OR THE GOGOMO ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE ADVERTISEMENTS, EVEN IF GOGOMO AND/OR THE GOGOMO ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, GOGOMO AND/OR THE GOGOMO ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.

LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with Gogomo with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Gogomo failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of Washington, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service, including the Messaging Systems and the Advertisements. You expressly agree that the courts in the State of Washington have exclusive jurisdiction over any claim or dispute with Gogomo or relating in any way to your account or your use of the Service, the Messaging Systems or the Advertisements. You further agree and expressly consent to personal jurisdiction over you in the State of Washington federal and state courts in connection with any such dispute including any claim involving Gogomo or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.

SUBJECT TO CHANGE WITHOUT NOTICE.

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