Please agree to the Terms of Use, Privacy Statement and Cookie Policy to create your account.  By entering your email you agree to receive personalized push notifications each day. You may change your settings at any time.

 

Welcome to theGOapp. By using it, you are agreeing to these terms of use (defined below). Please read them carefully. If you have any questions, please contact us here.

 

These terms of Use were last updated on August 12, 2015.

 

ACCEPTANCE OF TERMS OF USE

 

1. Acceptance of Terms

 

Panthera Development group LLCDBA TheGOapp, (hereinafter referred to as "TheGOapp", "we", "us", or "our") provides a digital promotion marketplace in the United States of America (the "Services") which includes, and is accessible via, (i) the website published a www.TheGOapp.com (and any other websites with TheGOapp branding that link to these Terms) (collectively, the "Site") and (ii) mobile-device applications that are branded as TheGOapp and link to these Terms (collectively, the “Application”). The Services, for example, allow users to access promotions of certain third-party merchants (“Merchants”) for online or in-store use and rewards platform to consumers via the “TheGOapp” mobile application. By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you and TheGOapp. Please read carefully these Terms and our Privacy Policy, which may be found at www.TheGOapp.com/privacy, and which is incorporated by reference into these Terms.

 

If you do not agree to these terms, please do not use the Services.

 

Modification. TheGOapp may change these Terms from time to time, on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

 

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, Application or Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

 

We reserve the right to change or discontinue any aspect or feature of our Services or the App, including, but not limited to, requirements for access or use.

 

2. Community Participation

 

2.1 Registration

 

To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with TheGOapp ("Account"). You represent and warrant that all information provided by you to TheGOapp is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Product Offering. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

 

2.2 Password and Security

 

As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify TheGOapp immediately if you become aware of any unauthorized use of your Account(s).

 

2.3 Privacy

 

TheGOapp respects the privacy of our users. The Privacy Policy provided via the Site and Application, and which may be found at www.TheGOapp.com/pricacy, is expressly incorporated herein by reference and made a part of these Terms.

 

2.4 User Generated Content

 

TheGOapp does not pre-screen or regularly review all contributed content. However, TheGOapp has the absolute right (though not the obligation) to remove, without notice, any content posted.

 

By posting any content, you represent and warrant (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or (b) such posted content is in the public domain, or (c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

 

You also agree not to post any of the following types of content to the Site or Application: (a) adult content, pornography, explicit sexual images, or nude images; (b) content containing explicit, vulgar, or obscene language; (c) content promoting hate, abuse or destructive actions; (d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content; (e) content promoting pirated software; (f) content intending for phishing or spreading malware; (g) content that is disparaging of any person or entity; (h) content that is in violation of any law or regulation; or (i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.

 

2.5 License to TheGOapp

 

By posting or contributing content to the Services, or by providing any feedback, suggestions, ideas, and other submissions to TheGOapp, you are granting TheGOapp a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of TheGOapp's license rights to others. You further waive any and all moral rights in and to such content in favor of TheGOapp. For greater certainty, this means that, among other things, TheGOapp has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

 

2.6 Acts Against the Services

 

TheGOapp hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by TheGOapp solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:

 

(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;

(b) causing, allowing, or assisting any other person to impersonate you;

(c) sharing your password or login with any other person;

(d) logging onto a server or Account(s) that you are not authorized to access;

(e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;

(f) emulating or faking usage of the Services;

(g) violating or attempting to violate any security features of the Services;

(h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site;

(i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;

(j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;

(k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of TheGOapp;

(l) tampering with the operation, functionality, or the security of the Services;

(m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected;

(n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;

(o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;

(p) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means;

(q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;

(r) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

(u) deep-linking to any portion of this Services without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of TheGOapp or the Merchants promoted via the Services;

(w) hyperlinking to the Services from any other website without our initial and ongoing consent;

(x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with TheGOapp;

(y) reselling or repurposing your access to the Services or any purchases made through the Services; or

(z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of TheGOapp to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with TheGOapp, including without limitation, aggregating current or previously offered promotions or deals.

 

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.

 

2.7 Parental Notice

 

Pursuant to 47 U.S.C. Section 230(d) as amended, TheGOapp hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).

 

3. Content

 

3.1 Information Accuracy

 

TheGOapp makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, promotions, rebates, discounts, etc. posted via the Services or that any third party will honor or acknowledge any such offers, promotions, rebates, discounts, etc. posted via the Services. TheGOapp is not responsible for providing any value for any offers, promotions, rebates, discounts, etc. posted via the Services. TheGOapp is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use. You understand that TheGOapp does not and cannot review all material made available through websites linked or linking to any part of the Services. TheGOapp does not warrant that the Services or any functions contained in TheGOapp content available via the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL THEGOAPP OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THEGOAPP WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

3.2 Linking

 

You understand that any linking to or from the Services does not imply in any way that TheGOapp is endorsed by any third party or that TheGOapp endorses or is affiliated with any third party or any third-party website. You agree that TheGOapp bears no responsibility or liability for any content accessed or harm caused from any third-party website. Other websites may collect and treat information they collect differently, so we encourage you to carefully read and review the privacy policy and terms of use for each website you visit.

 

3.3 Trademark Information

 

You agree that all of TheGOapp's trademarks, trade names, service marks, and other logos and brand features (including, without limitation, "TheGOapp") that are displayed via the Services (collectively, the "Marks") are trademarks and the property of TheGOapp. You agree not to display or use TheGOapp's Marks in any manner without TheGOapp's prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that TheGOapp has any relationship with that third party or that such third party endorses the Services or TheGOapp.

 

3.4 Intellectual Property Ownership

 

All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to TheGOapp or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of TheGOapp or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of TheGOapp, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and TheGOapp owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause TheGOapp and its licensors irreparable injury, which may not be remedied at law, and you agree that TheGOapp and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.

 

3.5 Digital Millennium Copyright Act Policy

 

Notice and Takedown Procedure

 

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

 

It is expected that all users of any part of the Services will comply with applicable copyright laws. If TheGOapp receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.

 

If we remove or disable access to the Services in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

 

Designated Agent

 

TheGOapp's Designated Agent to receive notification of alleged infringement under the DMCA is:

 

TheGOapp

1200 S Pine Island Rd #600

Plantation, FL 33324

Attn: Legal Department

Email: customerservice@thegoapp.com

 

Upon receipt of proper notification of claimed infringement, TheGOapp will follow the procedures outlined herein and in the DMCA.

 

Infringement Notification

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TheGOapp's Designated Agent (listed above) the following information in a written communication (preferably via email):

 

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TheGOapp to locate the material on the Site or Application;

Information reasonably sufficient to permit TheGOapp to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";

The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; andA physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

 

Counter Notification

 

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide TheGOapp's Designated Agent (listed above) the following information in a written communication (preferably via email):

 

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;

Your name, address, and telephone number;

The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";

 

The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";

 

The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; andYour signature, in physical or electronic form.

 

Upon receipt of such counter notification, TheGOapp will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that TheGOapp will replace the removed material or cease disabling access to it in 10 business days. TheGOapp will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

 

Repeat Infringers

 

In accordance with Section 512(i)(1)(a) of the DMCA, TheGOapp will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.

 

4. Disclaimer, Release, & Limitation of Liability

 

4.1 Disclaimer

 

THE SERVICES ARE PROVIDED BY THEGOAPP ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEGOAPP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THEGOAPP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEGOAPP DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM THEGOAPP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

4.2 Release

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE THEGOAPP FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

4.3 Limitation of Liability

 

DAMAGES ARE LIMIED TO ACTUAL DAMAGES SUFFERED BUT IN NO EVENT SHALL THEGOAPP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

4.4 Applicability

 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

5. Dispute Resolution

 

5.1 Law and Forum for Legal Disputes

 

These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the state of Florida regardless of your country of origin or where you access our services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and TheGOapp agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Broward County, Florida except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and TheGOapp agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims. Notwithstanding the above, you agree that TheGOapp shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

5.2 Arbitration Option

 

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

 

6. Other

 

6.1 Indemnities

 

You acknowledge and agree to indemnify and hold TheGOapp, its affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Services, your violation of these Terms, the infringement by you or made under your Account(s), of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the Services.

 

6.2 Third Party Legal Notices

 

Certain features of the Services are subject to third party terms and conditions. For example, our Application for Android-based mobile devices utilizes the Google Maps Android API and, as a consequence, is subject to the legal notices published at this link. Also, we are required to inform you that our Application for iOS-based mobile devices (“our iOS App”) is subject to the following terms imposed by Apple, Inc. (“Apple”): (i) these Terms are between TheGOapp and you only, and not with Apple. Apple is not responsible for our iOS App and the content thereof; (ii) your license to use our iOS App is limited to a non-transferable license to use the iOS App on an iOS product that you own or control and as permitted by the usage rules set forth in Apple’s App Store terms of service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS App; (iv) in the event of any failure of our iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our iOS App; (v) Apple is not responsible for addressing any claims of yours or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) in the event of any third party claim that our iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties; (viii) you must comply with any other applicable third party terms when using our iOS App (e.g., your wireless data service agreement); and (ix) TheGOapp and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

 

6.3 Termination of Service

 

TheGOapp disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. TheGOapp reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

 

6.4 Miscellaneous

 

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, TheGOapp may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

 

6.5 Injunctive Relief

 

You acknowledge and agree that any violation or breach of the Terms may cause TheGOapp immediate and irreparable harm and damages which are not capable of monetary calculaton. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and TheGOapp reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to TheGOapp in law or in equity, TheGOapp may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.

 

6.6 Damages For Violations Of Section 2.6(d)-(z)

 

In addition to any injunctive relief discussed above, if you are involved or cause others to be involved in behavior that violates Section 2.6(d)-(z) above, you agree to pay to TheGOapp the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by such a violation of these Terms for which you bear responsibility. Further, you acknowledge that, for violations of Section 2.6(d)-(z), actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating Section 2.6(d)-(z), you agree to pay liquidated damages to TheGOapp as described in the schedule set forth in Section 6.7 below.

 

Furthermore, you agree that the amounts of liquidated damages described in Section 6.7 below are reasonable estimates of TheGOapp’s damages for violations of Section 2.6(d)-(z).

 

You further agree that, to the greatest extent permitted by applicable law, every remedy described by these Terms, including the liquated damages set forth in Sections 6.6 and 6.7, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.

 

6.7 Liquidated Damages Schedule For Violations Of Section 2.6(d)-(z)

 

For purposes of this schedule of liquidated damages, "Item of Content" means each and every offer promotion, rebate, deal, discount, etc. of any type featured on the TheGOapp website by TheGOapp or any user (or any other third party in any manner). Each single promotion, rebate, deal, discount, etc. that is featured on the TheGOapp website is a single Item of Content. Each Item of Content shall be considered and treated as an individual, discrete Item of Content even if it contains the same or substantially similar content as one or more other Items of Content.

 

For purposes of this schedule of liquidated damages, "Instance of Unauthorized Conduct," or "Act" means each individual time TheGOapp’s servers are accessed in connection with or in facilitation of a violation of Section 2.6(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated in below, each day TheGOapp’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.

 

For each violation of Section 2.6(d)-(z), you agree to pay liquidated damages to TheGOapp in the amount specified below. You further acknowledge and agree that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.

 

A. $50 Per Item of Content Copied in Violation of Section 2.6 in Violation of Section 2.6(h) or (k)

 

You agree to pay $50 per violation for each Item of Content accessed or obtained via TheGOapp (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site of TheGOapp or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of TheGOapp.

 

B. $100 Per Instance of Unauthorized Conduct in Violation of Section 2.6(d)-(e)

 

You agree to pay $100 per violation for each (1) Act of logging onto a server or Account(s) that you are not authorized to access or (2) Act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity as set forth in Section 2.6(d)-(e).

 

C. $1,000 Per Instance of Unauthorized Conduct in Violation of Section 2.6(f)-(g)

 

You agree to pay $1,000 per violation for each (1) Act of emulating or faking usage of the Services or (2) Act of violating or attempting to violate any security features of the Services as set forth in Section 2.6(f)-(g).

 

D. $10,000 Per Instance of Unauthorized Conduct in Violation of Section 2.6(h)-(z)

 

Certain technology can be misused to facilitate harm to TheGOapp, its users, and/or its affiliates on a massive scale.

 

You agree to pay $10,000 for each (1) Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site; (2) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (3) Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services; (4) Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of TheGOapp; (5) Act of tampering with the operation, functionality, or the security of the Services; (6) Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (7) Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (8) Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (9) Act of harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (10) Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (11) Act of engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services; (12) Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (13) Act of deep-linking to any portion of this Services without our express written permission; (14) Act of acting illegally or maliciously against the business interests or reputation of TheGOapp or the Merchants promoted via the Services; (15) Act of hyperlinking to the Services from any other website without our initial and ongoing consent; (16) Act of using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with TheGOapp; (17) Act of reselling or repurposing your access to the Services or any purchases made through the Services; or (18) Act of using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of TheGOapp to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with TheGOapp, including without limitation, aggregating current or previously offered promotions or deals as set forth in Section 2.6 (f)-(z).

 

7. TheGOapp Accounts

 

A. In order to access some features of the Service, you will have to create a TheGOapp Account. TheGOapp tracks and stores metadata on each individual account. You may never use another's account without permission. When accessing the account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TheGOappimmediately of any breach of security or unauthorized use of your account.

 

B. Although TheGOappwill not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TheGOappor others due to such unauthorized use.

 

8. General Use of the Service—Permissions and Restrictions theGOapphereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

 

A. You agree not to distribute in any medium any part of the product offering without a license.

 

B. You agree not to alter or modify any part of the product offering.

 

C. You agree not to access Content through any technology or means other than the explicitly authorized means theGOappmay designate.

 

D. You agree not to use the Service for any commercial uses unless you license content seen in your GO app Account.

 

9. Notes

 

A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service of TheGOapp are exclusively licensed to TheGOapp for resale for a commercial use, subject to copyright and other intellectual property rights under the law.

 

B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Product Offering and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by TheGOappfor that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without licensing the Content. TheGOappand its licensors reserve all rights not expressly granted in and to the Service and the Content.

 

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Product Offering or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Product Offering or the Content therein.

 

D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that TheGOappis not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TheGOapp with respect thereto, and to the extent permitted by applicable law, agree to indemnify and hold harmless TheGOappits owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Product Offering.

 

C. For clarity, you retain all of your ownership rights for the Content you license via the TheGOapp Product Offering.

 

F. TheGOapp does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and TheGOappexpressly disclaims any and all liability in connection with Content. TheGOappdoes not permit copyright infringing activities and infringement of intellectual property rights on the Product Offering, and TheGOappwill remove all Content if properly notified that such Content infringes on another's intellectual property rights. TheGOappreserves the right to remove Content without prior notice.

 

A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

▪A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

▪ Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

▪ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

▪ Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

▪ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

▪ A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

B.TheGOappdesignated Copyright Agent to receive notifications of claimed infringement email: theft@thegoapp.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be emailed to: customerservice@thegoapp.comYou acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

 

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

▪Your physical or electronic signature;

▪ Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

▪ A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

▪Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

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

 

10. Rewards

 

Any and all Reward credit is at the discretion of authorized person(s) in the employ of anVenue. TheGOapp allows for Venues to process Reward credits based on their own due diligence, during a 48-hour interval afterTheGOapp members have met (for a “CAMPAIGN”) and transacted business with that licensed retailer. The 48-hour span allows for adjustments to correct faulty data entry. After the 48 hours are elapsed, all transaction amounts are "finalized" by the system and Reward credits are allocated to the organizer ("SHERRIFF") and other attendees who have relayed invitations ("DEPUTIES"), to earn TheGOapp Rewards. Being finalized and allocated, these Rewards instantly appear in the members' respective wallet account within theGOapp, prominently displaying the amount earned and the issuing Venue. In certain cases it is difficult to know the precise start and end times of a Campaign, in which instance TheGOapp may extend the processing interval at our sole discretion. In no case will the processing time exceed 3 business days. After transactions from any Campaignhave been finalized, a manual appeal process is available to correct system or data-entry errors. It is in the interest of parties on all sides to be as fair and accurate as possible. TheGOapp will actively remove Members or Venues which attempt to "game" or defraud the transactional system in any way.We cannot promise that a particular merchant will be a Participating Merchant at any time, or that Participating Merchants will be able to accept Reward credits via the App at all times.

 

10a. Setting of Reward Values

 

Campaign rewards credits are the sole responsibility of the Venue. As with any marketplace, values may fluctuate from moment to moment. Reward amounts made available for a certain calendar day or time, are locked-in then a user schedules their Campaign. Other members, who create their Campaignat a different time, may receive a higher or lower Reward for the same reservation date. This is by design, and to prevent claims of false advertising. It also assures that everyone you invite during the days and hours leading up to a scheduledCampaign, receives equal consideration and Reward incentives.

 

TheGOapp cannot flex your Reward to a higher or lower value than was initially agreeable to you, at the time your Campaignwas created. Such terms are contractually binding between you and the Venue which hosts your Campaign. The action of dropping a prior Campaign to setup a fresh Campaign at a better Reward rate with the same Venue ("CHURNING") is expressly against the TheGOapp terms of service. Venues retain the right to cancel a Campaign and/or to bar admission of particular Members at any time, and at the sole discretion of the Venue.

 

Certain Restrictions and Limits on Reward Credits. Reward Credits have no cash value. You have no property interest in Reward Credits. While we prohibit Participating vendors from establishing an expiration date for Reward Credits, a Participating vendor may opt to withdraw as a Participating vendor at any time. In such event, your Reward Credits with respect to such Participating vendor will immediately expire and you will not be able to redeem any of such Reward Credits. In addition, we reserve the right to terminate the Reward Credits portion of the Services at any time. If we terminate the Reward Credits portion of our Services, or if your User Account is suspended or terminated for any reason, your Reward Credits will immediately expire and you will not be able to redeem any of your Reward Credits.

 

Redemption of Reward Credits. Reward Credits offered by a particular Participating Vendor may only be redeemed by such Participating Vendor. A Participating Vendor (and not theGOapp) is solely responsible for redeeming the Reward credits and any and all claims, injuries, losses, damages you may incur that arise from or relate to your redemption of Reward credits with such Participating Vendor. If a particular Vendor is no longer a Participating Vendor (for any reason), any Reward credits you hold with respect to such Vendor shall immediately expire. If you have a complaint with respect to a Participating Vendor’s failure to redeem Reward credits that you acquired with respect to Qualifying Campaigns with such Participating Vendor, please contact us by email at customerservice@thegoapp.com. While we will attempt to resolve any such complaints, we cannot be responsible for such party’s failure to redeem Reward credits for any reason.

 

Tax Treatment of Reward credits. Redemption of Reward credits related to your participation in the App may result in your receipt of taxable income from theGOapp in the tax year in which the Reward credit sare redeemed. In accordance with U.S. tax law, we may be required to send to you and file with the IRS a Form 1099-MISC for the year in which a reward is issued to you. You are solely responsible for any personal tax liability arising out of the redemption of Reward credits. Please consult with your tax advisor if you should have any questions regarding your personal tax situation.

 

10b. Any attempt to defraud theGOapp credit and or wallet system will result in permanent cancelation of account and loss of any and all credits within the system without notice as well as full legal responsibility to repay to theGOapp any and all defrauded credits used at the vendorslocations based on a equal credit to dollar ratio payable within 72 hours to theGOapp.