Terms of Use

We welcome you to GOGI! Whether you are a golfer, teaching professional, golf club, or golf group, consider GOGI your personal solution to help you thrive in all aspects of your golf game. GOGI will continuously evolve to address your needs and we welcome your feedback and input to help us optimize GOGI for you.

By using www.mygogi.org (the ”Site“) or any of our mobile or desktop application services (described below), you agree to abide by and be bound by these Terms of Use (the ”TOU“). Any updates, new services or any modifications of an existing service will be governed by the TOU, which may be modified or updated from time to time in our sole discretion. The continued use of the Site or Services following the posting of changes to the TOU constitutes your acceptance to such changes. We strongly encourage you to regularly review this TOU. If you do not agree to abide by these or any future TOU, do not use or access (or continue to use or access) the Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.mygogi.org/privacy. All such terms are hereby incorporated by reference into this TOU.

The Site and Services are operated by Game of Golf Institute, Atlanta, GA (”GOGI“ or ”we“).

I. Registration

Minors

If you are under age 13, you are not authorized to use the GOGI Service unless all of the following apply:
   

1.) You have obtained permission from your parent or guardian to use GOGI
2.) Your parent or guardian completes the Game of Golf Institute Consent Form (PDF). This consent form can be accessed and downloaded     via this URL: http://bit.ly/gogiconsent. The consent form contains instructions on how to send the signed consent form back to GOGI.
3.) Your parent or guardian assists you to complete your registration and
4.) Your participation is also under the supervision of a PGA-certified golf instructor or program.

If you are between the age of 13 and 18, you must have a parent assist in the completion of registration. In addition if you are between the age of 13 and 18, you represent that you possess legal parental or guardian consent to use the Service.

Account Creation

You will need to register with GOGI to access and use the Service. For example, you will need to register to access your personalized web pages on the Service. You may create an account by providing a valid email address and a password and providing other information as prompted by the registration form. Your email address must remain valid as long as your account remains active. You agree to provide and maintain true, complete and current account information. Registration data and certain other information about you are governed by our Privacy Policy.

You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. Your password is confidential and you will not communicate it to any third-party individual or website. You will notify GOGI immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You will be liable for all actions taken with your password as well as for any loss or liability as a result of such use. GOGI will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by GOGI, or any transactions entered into through the Service or failure to abide by this TOU.

General Practices Regarding Use and Storage

You acknowledge that GOGI may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on GOGI's servers on your behalf. You agree that GOGI has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that GOGI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that GOGI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

II. Description of Service


GOGI provides a range of free web-enabled and mobile application products, services and tools (collectively, such products and services, including any new features and applications, and the Site, the ”Service“), that help golfers, golf teaching professionals, golf groups and other golf industry constituents accelerate their development, build relationships, capture their golf experiences and track, manage and compare their golf statistics. Unlike traditional golf products and services, the Service is free to use and spans the major processes inherent in developing and building your golf game and relationships. It is our intent that these free services will help all levels of golfers spend less time “cutting through the clutter” and more time enjoying and having fun with the great sport of golf.

GOGI provides, for your non-commercial personal use, a customizable website designed to enable you to search, select, create and display content such as videos, photos, scorecards, notes, relationships, game statistics, messaging and events through the Service (”User Content“).

GOGI reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GOGI will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.

III. Use and Conduct
You acknowledge that creating, submitting or sharing your User Content may give rise to various types of legal liabilities and you represent that your User Content (whether or not you are the author of such content) complies at all times (both when first submitted and throughout its accessibility on the Service) with the TOU and all applicable laws. You understand that GOGI does not pre-screen User Content and is not liable for the content (including User Content) transmitted by other users.

You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Service, except as provided under these TOU, and you agree to take all reasonable steps to prevent the unauthorized use of the Service.

Third Party Sites and Interactions with Third Parties

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (”Third-Party Sites“). GOGI has no control over Third-Party Sites or other Internet resources. These resources, content and services are provided to you ”as is“ to facilitate your web browsing and overall positive GOGI experience. GOGI is providing these links to you only as a matter of convenience, and in no event will GOGI be responsible for any content, products, or other materials on or available from such Third-Party Sites.

In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of select site partners showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. GOGI will have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. GOGI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Third Party Services

You may enable various online services, such as social networking sites, to be directly integrated into your GOGI experience. By directly integrating these services into the Service, we make your online experiences richer, and more personalized. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and GOGI's use, storage and disclosure of information related to you and your use of such services within GOGI (including your friend lists and the like), please see our Privacy Policy at http://www.mygogi.org/privacy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and GOGI will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, GOGI is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, GOGI is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. GOGI enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Posting and Sharing Content

You may post and share your User Content through the Service. When posting your User Content it is your responsibility to clearly and truly identify its nature to ensure its classification in the proper category. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate. You 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 GOGI relating thereto.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used by you for direct commercial endeavors.

Special Notice for International Use; Export Controls

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Conduct of Users

You are solely responsible for User Content that you stream, upload, post, publish or display (hereinafter, ”transmit“) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by GOGI. GOGI reserves the right to investigate and take appropriate legal action against anyone who, in GOGI's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. As a condition for accessing and using the Service, you agree not to use the Service to:

1. Transmit any content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable; (b) poses or creates a privacy or security risk to any person; (c) constitutes any unsolicited or unauthorized advertising, promotional materials, ”junk mail,“ ”spam,“ ”chain letters,“ ”pyramid schemes,“ ”contests“, ”sweepstakes“ or any other form of solicitation;
2. Harass any other user of the Service or to impersonate another person or entity by any means including by using her/his email address and password, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
3. Violate any applicable local, state, national or international law, or any regulations having the force of law;
4. Transmit or make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
5. Engage in any conduct or transmit any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
6. Reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service;
7. Solicit personal information from anyone under the age of 18;
8. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
9. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
10. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.



In case of any violation of the above, GOGI reserves the right to cancel or rename your account and/or to block you from accessing the Service as well as to disclose any information as necessary to satisfy any law, regulation or governmental request, at its sole discretion. GOGI also reserves the right to block the distribution of User Content through the Service.

Termination of Account

You may terminate your account at any time. In the case of violation of the TOU, we reserve the right to limit your access to the Service or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that GOGI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You understand and accept that we will not be held liable for the cancellation of your account.

IV. Proprietary Rights

Access to the Site

Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Service may trigger your liability and result in criminal or civil legal action. You agree not to access the Service by any means other than those made available to you by GOGI. You acknowledge and agree that the Service may contain content (”Service Content“) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of GOGI, our affiliates and our partners (the ”Software“). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GOGI. The use of the content of other users of the Service may only be done in compliance with the authorization or license granted by the respective rights holders.

Intellectual Property

The Service is protected by intellectual property laws and international conventions. The Service structure and the Service Content may be protected by copyright or other intellectual property rights. No material from the Service may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way, except as expressly permitted through the Service. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of GOGI or, in the case of material licensed to GOGI, the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Service. Use of prints, images or screen captures from the Service is limited to your personal non-commercial use; any other use or communication is prohibited without receiving GOGI's prior written consent.

Trademarks

The GOGI trademark and logo and all other GOGI trademarks are owned by Game of Golf Institute (the ”GOGI Trademarks“). You agree not to use the GOGI Trademarks without our written consent. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GOGI. Nothing in this TOU or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GOGI Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of GOGI Trademarks will inure to our exclusive benefit.

Intellectual Property of Others

Under no circumstances will GOGI be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that GOGI does not pre-screen content, but that GOGI and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, GOGI and its designees will have the right to remove any content that violates these TOU or is deemed by GOGI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service

You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other users or recipients, including User Content. You will not transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By transmitting any User Content you hereby grant and will grant GOGI and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable (through multiple tiers), perpetual, irrevocable license to reproduce, copy, create derivative works of, display, transmit, perform, distribute, cache, store, resell, market, promote, modify and otherwise fully use your User Content in any way (including but not limited to for redistributing part or all of the Service and or derivative works thereof in any format or channel, for commercial purposes or otherwise), in any form, medium or technology now known or later developed, without compensation or acknowledgement to you. You hereby waive any claims you may have based on any usage of User Content or the works derived therefrom including but not limited to claims for invasion of privacy, publicity or libel. To the extent allowed by law, any license you grant GOGI hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be referred to as ”moral rights,“ ”artist’s rights,“ ”droit moral,“ or the like. Furthermore, you agree that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, and without any further compensation, GOGI may and is hereby authorized to (and to allow others to) use your image in connection with your User Content. To the extent any of the foregoing is ineffective under applicable law, you hereby provide all ratifications and consents necessary to accomplish the purposes of the foregoing to the extent possible. If any other person appears in your User Content, you represent and warrant that you have obtained the foregoing ratifications, consents and authorizations from such person for GOGI‘s benefit.

Unsolicited Information

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to GOGI through its suggestion or feedback webpages or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) GOGI is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) GOGI shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) GOGI may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to GOGI all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from GOGI under any circumstances. Please see our Privacy Policy for additional information.

Legally Required Disclosures

You acknowledge and agree that GOGI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the TOU; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GOGI, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints

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

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

Game of Golf Institute
555 Sun Valley Drive, Suite K-4
Roswell, GA 30076

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

    >
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe that the 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 content, you may send a written 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 located within Atlanta, Georgia and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

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

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

V. Privacy Policy
GOGI respects your privacy and that of others. We encourage you to read our Privacy Policy.

VI. Indemnification
You agree to release, indemnify and hold GOGI and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs), rights and actions of any kind and injury arising out of or in connection with your use of the Service (including your User Content), your violation of the rights of another or breach of this TOU.

VII. Disclaimer of Warranties
GOGI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. GOGI DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SOFTWARE, SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY GOGI TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

VIII. Limitation of Liability
You understand that you are accessing and using the Service at your own risk. GOGI may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any content, material, program, or file through the Service. GOGI may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service.

Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOGI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL GOGI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE LESSER OF (1) AN AMOUNT YOU HAVE PAID GOGI IN THE LAST SIX (6) MONTHS, OR (2) ONE HUNDRED DOLLARS ($100).

Additional Rights

CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IX. Miscellaneous

Modifications

GOGI reserves the right to change this TOU or GOGI's policies relating to the Service at any time and will notify you by posting an updated version of this TOU on the Service and/or by sending you an email message. You are responsible for regularly reviewing this TOU. Continued use of the Service after any such changes will constitute your consent to such changes.

Availability

There will be occasions when the Service will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that GOGI will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. GOGI is not responsible for any disruption inherent in the operation of the Internet, including viruses or otherwise.

Governing Law

This TOU will be governed by Georgia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You will bring all disputes, actions, claims, or causes of action related to this TOU or in connection with the Service only in the federal and state courts located in Atlanta, Georgia, except as described in the Arbitration provision below.

Arbitration

At GOGI's or your election, all disputes, claims, or controversies arising out of or relating to the TOU or the Service that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in Atlanta, Georgia before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by GOGI, and will be conducted in accordance with the rules and regulations promulgated by GOGI unless specifically modified in the TOU. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the TOU and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the TOU, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm.

Severability

If any provision of this TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s); and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of the TOU shall remain in full force and effect.

Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between you and GOGI as a result of this agreement or use of the Service.

No Informal Waivers, Agreements, or Representations

The failure of GOGI to enforce any right or provision in this TOU will not constitute a waiver of such right or provision unless acknowledged and agreed to by GOGI in writing. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Third-Party or GOGI affiliate shall be deemed legally binding on any GOGI affiliate, unless documented in a physical writing hand signed by a duly appointed officer of GOGI.


Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. GOGI has the right to assign any or all of its rights and obligations under this TOU at any time. We may also substitute, by way of unilateral novation, effective upon notice to you, GOGI for any third party that assumes our rights and obligations under the TOU.


Entire Agreement

This TOU comprises the entire agreement between you and GOGI and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Questions? Concerns? Suggestions?

Please contact us as set forth below to report any violations of the TOU or to pose any questions regarding the TOU or the Service. protectprivacy@mygogi.org