Goach
Terms of Service
1.0. Contractual Relationship
These Terms of Use (also referred to herein as the “Agreement”) are a legal binding agreement between Goach, LLC (the “Company”, “our”, “us” and “we”) and the users of the Goach application, website, technology platform, or any related services (collectively referred to as the “Services”). In consideration of your access or use of the Services, you acknowledge and agree to these terms and conditions (the “Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY IN THEIR ENTIRETY BEFORE USING THE SERVICES. BY USING OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT ACCEPT THE TERMS OF USE OR ANY PROVISION HEREIN, YOU MAY NOT USE OR ACCESS THE SERVICES.
This Agreement may be changed by the Company at any time, whether you notice the changes or not. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Company changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Company written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Goach, LLC (the name and current contact information for the registered agent are available at www.thegoach.com), or (b) by email from the email address associated with your Account to: support@thegoach.com In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Company ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2.0. Arbitration Agreement
You agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the Company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else. Agreement to Binding Arbitration Between You and the Company. You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and the Company, and not in a court of law. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
2.1. Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Hawaii.
2.2. Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
2.3. Location and Procedure.
Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
2.4. Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA 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. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. the Company will not seek, and hereby waives all rights the Company may have under applicable law to recover, attorneys’ fees and expenses if the Company prevails in arbitration.
2.5. Fees.
Your responsibility to pay any AAA filing, administrative and arbitration fees will be solely as set forth in the AAA Rules. If the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you may be responsible to pay arbitration fees and the Company’s attorneys’ fees incurred in defending against your claim.
2.6. Changes.
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms of Use, if the Company changes this Arbitration Agreement after the date you first agreed to the Terms of Use (or to any subsequent changes), you may reject any such change by providing the Company written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, or (b) by email from the email address associated with your Account to support@thegoach.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms of Use (or to any subsequent changes).
We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products.
3.0. THE SERVICES
The Services comprise mobile applications and related services (each, an “Application” or “App”) which enables Users (the “Users”) to input, track and analyze golf performance.
The Company grants you, the User, with a limited, non-transferable, non-exclusive license to use and access the Services, and any related content, data and information. The Company cannot and does not guarantee the availability of the Services at all times. You acknowledge that in order to protect the Services and their operation, the Company reserves the right at all times, to delay or deny any service if it perceives a risk of misconduct, fraud or illegal activity, in the Company’s sole discretion. The Services and all rights therein remain the Company’s property and nothing contained herein shall constitute a conveyance or grant of any rights in or to the Services or any of the Company’s intellectual property including but not limited to trade names, logos, trademarks or service marks.
To utilize Company’s Products, you, the User is individually responsible for:
- providing all necessary hardware equipment required to use the Goach App and/or Goach Website, including but not limited to a Smartphone, Tablet, Computer, or “Wearable” internet-enabled device;
- providing internet connection required to use the Goach App and/or Goach Website including but not limited to cell phone data services; and
- paying any costs and fees, whether one-time or ongoing, related to their own provision of items referenced above in (1) or (2), including those specific to service contracts of individual cell phone coverage carriers. The User’s normal applicable carrier rates and fees apply.
3.1. Purpose and Nature of the Services – Disclaimer
The contents of our Services, and the Services in general, are intended strictly for informational purposes and should not be used to diagnose or treat any illness or condition. Please consult with a healthcare provider for engaging in any physical activity, including playing golf.
Company does not guarantee any golf performance results for Users from the use of its Services and disclaims any financial results. Any testimonials or reviews reflect the individual experience and efforts of Users and may not be typical.. Company does not endorse, sanction or verify any information inputted from Users, including golf courses,, and specifically disclaims responsibility or liability for any User profiles. Individuals who communicate with Users, whether through our app or Services, or separately, do so at their own risk.
4.0. DISCLOSURES ABOUT YOU BY COMPANY
Without limiting any of the foregoing, you agree that Company may use or disclose information about you and your use of the Services in accordance with these Terms and our Privacy Policy found at https://www.igolowgolf.com/?page_id=710 which is incorporated by reference herein. With respect to any information relating to other users of the Services to which you may be permitted access through the Services, you agree that you may use such information only in connection with activities related to the purpose of the Services, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale of such personal information to any other parties.
5.0. GUIDELINES FOR ALL USERS
You are agreeing that you will not use our Services in any way that causes harm or is likely to cause harm to the Services, or for their access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Services for lawful purposes only.
You agree that you will not use our Services in any of the following ways:
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
- To send, use or reuse any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringement of any intellectual property rights, or that may otherwise may injure others
- To send, negatively impact, or infect our Services with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead other Users
- To reproduce, duplicate, copy or resell any part of Services in a way that is not in compliance with these Terms of Use or any other agreement with us
6.0. USER ACCOUNTS
6.1. Eligibility and Age Restrictions. In order to use Company’s Site and other Services, you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) must have a parent or legal guardian agree to these Terms on their behalf.
6.2. Registration. To access certain features of the App, you must sign up for an account with us (a “Company Account”) by either providing us your email address and creating a password or connecting through an account with a third-party site or service (including Facebook and Google).
6.3. Account Accuracy. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. By registering as a User, you agree to provide us with current, accurate, and complete information about you as requested in the registration and verification process, and to keep such information updated at all times. You further agree that you will not use any Account other than your own, or access the Account of any other User at any time, or assist others in obtaining unauthorized access. You are solely responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that is related to your Account. You agree to provide the Company with any requested information as necessary, and in the event of any suspicious activity related to your Account, the Company may suspend or freeze your Account pending review. You are obligated to comply with any security requests by the Company, or your Account will be terminated. You agree to notify the Company immediately of any unauthorized use of your Account or password, or any other breach of security by email addressed to support@thegoach.com. You agree to receive business and transactional emails from the Company. Such emails will be canceled and discontinued upon your request using the “Unsubscribe” option presented in any such email, when applicable.
The Company shall provide a calendar feature allowing Contractors to enter their schedules to let Clients know when they are available. However, the Company will not be liable for any misunderstandings or wrong information provided as a result of this feature.
6.4. No Partnership, Agency, or Affiliation
Except only as expressly provided otherwise herein, by using the App you acknowledge and agree that Company is not the partner, agent, joint venturer, or otherwise an affiliate of you, any contractor, or any other user of the app.
6.5. Registration and Membership of Users
Information provided to us in registering for the Services will be maintained and protected by us in accordance with these Terms and with the terms of our Privacy Policy https://www.igolowgolf.com/?page_id=710.
Users shall not have more than one Account at any one time if they are part of the same affiliation, regardless of location or act name specified in the Account. Any Account may be terminated or redacted by Company at any time, for any reason, and without notice. You hereby grant Company permission to add content to your Account at our sole discretion by uploading content found on the website link that you post as your “Official Website” in order to increase the quality or presentation of your Account.
When you register to use our App, you will create a password and a user ID, which will provide you access to certain services and materials available through the Services unless revoked by us for any reason. You agree not to disclose your user ID and password to any third party. If at any time you believe that your user ID and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your user ID and/or password immediately through the user control panel within our Services. You agree to be responsible for and to indemnify, defend and hold Company, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You are solely responsible for maintaining the confidentiality of your user ID and password, and for any and all activities that are conducted by you or anyone else through your registered account.
7.0. CONTENT OWNERSHIP
Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sound clips, or any other materials as part of the Services (collectively, the “Content”) are owned, licensed by, used with permission, or otherwise lawfully used by Company. The Services are protected by copyright, trademark, trade dress and other proprietary rights, with all worldwide right, title and interest owned and controlled by Company. Unless otherwise noted, by using a third party’s trademark or trade name within our Services, Company does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Company hereby expressly disclaims any such affiliation or endorsement.
The Company, in its sole discretion, may permit the users from time to time to submit, upload, publish or otherwise make available to the Company through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any Content provided by the User remains their property. However, by providing User Content to the Company, you grant the Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant the Company the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove User Content, at the Company’s sole discretion and at any time and for any reason, without notice to you.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Site infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
the 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 located on the Services are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Services;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
via mail: 6670 N Spurwing Loop #200 Coeur D Alene ID 83815
via email: support@thegoach.com
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
8.0. COMMUNICATIONS
In order to contact you more efficiently, you agree that we may at times contact you using dialed calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Company Account or Company Account activity; investigate or prevent fraud; collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minutes and text and data charges may apply. Where Company is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Company and its partners, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Company or its agents for quality control and training purposes. You acknowledge and understand that your communications with Company may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through support@thegoach.com
9.0. PAYMENT/CHARGES
9.1. Payment Policies. You understand that the use of the Services may result in charges to you for the services or goods you receive (“Charges”). The Company will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees or surcharges including a booking fee, processing fees for split payments or other required fees. All Charges and payments will be enabled by the Company using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable unless otherwise agreed by the Company. You represent and warrant that any and all of the personal information submitted as may be required, is accurate and authentic. Furthermore, you agree to update the Company with respect to any changes in or of the information submitted to the Company. Company may use or transfer your information to third-party service providers for the purpose of providing you with the Services under the Site or the improvement thereof.
9.2. Payment Details. Certain parts of the Site and Services may be accessed and used without charge. For use of certain other parts of our Site and Services, however, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Current fee information and Payment process shall be made available on the Site. All fees due from you to us are referred to herein as “Company Fees.” All financial information addressed within the Services (including Company Fees, session quotes, deposits, and/or any other various pricing information) is given in terms of US dollars for US users unless otherwise stated, and will be according to the terms and conditions in the terms of service of the payment service providers.
10.0. DISCLAIMERS; LIMITATIONS OF LIABILITY; RELEASE; INDEMNIFICATIONS
THE SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SERVICES, OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE ERROR-FREE, CONTINUOUS, UNINTERRUPTED OR ACCURATE. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATIONS, LOSS OF REVENUES OR DATA, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SITE OR SERVICES OR THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Company specifically makes no warranties, representations or guarantees regarding the time required to complete processing any request provided by you, including electronic debit or credit using credit cards, bank accounts or checks, which are dependent upon many factors outside of Company’s span of control. Company makes no warranty regarding the accuracy of any user performance statistics or profiles, profiles, or the accuracy, timeliness, truthfulness, completeness, or reliability of any content, data, or information obtained through the Services. No advice or information, whether oral or written, obtained from Company website, Company app, or its service providers or through the Services or content, will create any warranty not expressly made herein.
Company may suspend or terminate, with immediate effect, the operation of the Services in its discretion and shall not be liable for any loss, claim or action related to or connected with such suspension or termination or Release. Any disputes between you and any other User of the Services shall be exclusively resolved between you and such User, and you release the Company, its affiliates and each of their respective officers, directors, agents, joint ventures, employees and representatives from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. Indemnifications. You agree to defend, indemnify and hold Company, its affiliates, employees, directors, representatives and Service Providers, and each of its or their respective officers, directors, agents, joint ventures, employees and representatives, harmless from any claim or demand (including attorneys’ fees, damages, costs, fines, fees or penalties) suffered by the Company, arising out of or related to (i) your access to or use of the Services; or (ii) your breach or violation of these Terms of Use; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party.
10.2. Session liability. If Contractor cannot complete the session or deliver the images due to any cause or condition beyond Contractor’s reasonable control, including, but not limited to, any delay or failure due to any act of God, pandemic, acts of civil or military authorities, governmental order or mandate acts of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, including data loss, camera or media card malfunction or other catastrophe or any other occurrence which is beyond Contractor’s reasonable control, then Contractor shall not be liable for any amount in excess of the session payment.
11.0. NO ASSIGNMENT. You may not assign any rights and/or licenses granted under these Terms of Use. Company reserves the right to assign its rights herein without restriction these Terms of Use will bind and insure to the benefit of the parties, their successors and permitted assigns.
12.0. UPDATES.
You promise to update the information you have provided to Company in the event of any changes to your license, contact information, or background. Specifically, with respect to your contact information, Company may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are, and will be solely responsible for, all of the activity that occurs through your Company Account, so please keep your password and Company Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Company Account, whether or not you have authorized such activities or actions. You will immediately notify Company of any actual or suspected unauthorized use of your Company Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Company Account after you have reported unauthorized access to us.
13.0. MISCELLANEOUS PROVISIONS
Entire Agreement. These Terms of Use incorporated by reference herein comprise the entire understanding and agreements between you and Company as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this agreement), and every nature between and among you and Company. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
Relationship of the Parties. Both you and the Company are independent contractors, and nothing in these Terms of Use shall be deemed to create between you and the Company an employer/employee or any other form of relationship. No joint venture, partnership, employment, or agency relationship exists between you, the Company as a result of this Agreement or your use of the Services. You are not authorized to make any obligations on behalf of the Company. All Users are responsible for paying any applicable local, state (provincial), and Federal taxes due from all compensation paid or earned from any activities related to the Services or this Agreement. You acknowledge that, at any time, the Company, in its sole discretion, will be entitled to terminate your use of or access to the Services.
Severability. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.
Governing Law. These Terms of Use will be governed by laws of the state of Hawaii. Any dispute arising with respect to these Terms of Use will be exclusively submitted to confidential arbitration by the American Arbitration Association as set forth herein.
Force Majeure. Company shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, pandemic, acts of civil or military authorities, governmental order or mandate acts of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Notice. Company may give notice by means of a general notice on the Services, email to your email address in your Account, or telephone or text message to any phone number provided in connection with your Account. You may give notice to the Company, with such notice deemed given when received by Company, at any time by one of two methods: 1) prepaid first class mail to our registered agent and 2) by email from the email address associated with your Account to support@thegoach.com.
No Waiver. The company’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless expressly acknowledged and waived in writing by an authorized agent of the Company.
Links to Other Websites and Services. Company does not control the availability or content of any outside websites, application, services, or resources (collectively, “third-party services”) to which the Services may link. Concerns regarding any such third-party services or links thereto should be directed to the particular outside third party service. Unless stated otherwise, Company does not endorse, sanction, or verify third party services to which our Services link, and we or our users provide these links merely for the convenience of users of our Services. Access to such third-party services is at your own risk, and we disclaim all liability with regard to your access to such third-party services. In addition, we do not endorse, sanction, or verify third party services that link to our Services, even if any logo or mark of Company is used as part of the link to our Services.
