Effective date: March 29, 2017
Welcome to go90!
We hope you enjoy our shows and being part of our community. Before you explore all the great shows and start sharing, there is this rather important legal stuff you need to know about.
PLEASE READ IT CAREFULLY.
This go90 Customer Agreement (“Agreement”) applies to your use of go90’s services, websites and applications (the “Service” or “go90”). It has lots of important information about go90 and your rights, our ability to make changes to go90 or this Agreement, our limited liability if things don’t work as planned, and letting you know that any disputes between us must be resolved in arbitration or small claims court.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE GO90.
1. Acceptance of this Agreement
You must be at least 13 years old to use go90. If you are between the ages of 13 and 18, you may register with us only if your parent or legal guardian reviewed these terms and consent to your use of go90.
2. Our Service
go90 allows you to watch various types of videos and live events. We call this our Content and it includes all the videos, live events and similar programs that go90 provides to certain mobile and other devices using wireless and broadband networks. In order to use go90 and view the Content, you must download and install the go90 application (“App”) from an app store or access the go90 website (“Website”). Some of go90’s Content is available on the Website and for sharing. You can create and manage a go90 account. We may provide this capability on the App and/or Website.
- Accounts. You may use go90 without signing up and creating an account or you may create an account. Certain features and shows may not be available if you do not have an account. When you create an account, you also will create a Profile. Your Profile includes your user name, any picture you select and other account information. We may let you link your go90 account with other social network accounts so you may sign in using other information, such as a Facebook user name and password.
- Content licensed. Our Content is licensed to you on a limited, personal, non-exclusive, non-commercial, revocable and non-transferable basis only. We may add or remove Content at any time without notice. On the go90 App and/or Website, we may provide the opportunity to create ‘cuts,’ meaning short clips from Content we select. You can share these cuts or full episodes with go90 users or others (of course, this lets them know what program you watched) via email, text messages or social media as permitted by go90. We will determine, in our sole discretion, how cuts can be created and shared.
- Subscription Services. Our Service may include Content that will be made available to you solely in connection with your agreement to provide either a one-time payment or purchase a subscription to such Content for a set period, such as the duration of a live concert, a sport league’s season, monthly or yearly (collectively, “Subscription Services”). We may offer a variety of different Subscription Services, each governed by any supplemental terms provided at the time of your purchase or use of such Subscription Service. For example, there may be blackout restrictions applicable to Subscription Services for sporting events. Some Subscription Services may be offered by or in conjunction with third parties. We are not responsible for products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend the Subscription Services.
- Your pictures and posts. You can include a picture with your Profile. You also can post comments on the go90 App and/or Website. Your user name, picture and posts are public and can be viewed by any other user (and could even be shared outside of go90).
- You can edit and/or delete your own posts or request go90 to delete a post. go90 may retain copies of edited or deleted posts, such as back-up copies, but will not display them and may not be available to you.
- We disclaim all responsibility for content you or others put on go90.
- We have the right but not the obligation to pre-screen and/or remove any pictures or posts that do not meet go90’s standards.
- You grant us a worldwide, non-exclusive, royalty free right and license (with right to sub-license) to use, copy, reproduce, publish, display and distribute your pictures and posts in any and all media or distribution methods (electronic or otherwise, now known or later developed) for any purpose.
- Other Verizon affiliates, including AOL, may use your go90 information as permitted by the Verizon and AOL privacy policies. This includes using your information to provide relevant advertising to you in the go90 app or in other places. The Verizon and AOL privacy policies explain your choices about receiving ads outside of go90.
- To help you connect with other go90 users, we may ask for additional information, such as contacts on your device.
- We may identify you as a go90 user to other users when those users give us access to their contact lists and the email address you provide when creating an account matches one on their contact list. We won’t share your email address with other users.
- Content and location data. Unless you allow us access to your location, we may not be able to provide access to certain Content that has geographic limitations.
- Advertising. go90 is provided free to you as the service is supported by advertisements. We may use information you provide and information collected through your use of go90 to deliver more relevant ads. We may also combine this data with data obtained by other Verizon affiliates or third-parties in deciding which ads to serve you in go90. go90 is not responsible for the products or services provided by advertisers. Any dealings you have with advertisers while using go90 or otherwise are between you and the advertiser, and go90 is not liable for any loss or claim that you may have against an advertiser.
3. General use of go90
- To use go90 you need, at your sole cost, a compatible device and wireless connection or access to the Internet. A list of compatible devices can be found within the Android and iOS app stores. This list is subject to change at any time.
- Data and wireless charges. Your use of go90 may result in data or other charges from your wireless and/or broadband provider that you are responsible for paying.
- Viewing Free of Data Charges. We may offer promotions and/or plans that allow you to watch some or all go90 Content on the App only without incurring data use charges from your wireless provider (“Sponsored Data”). The Sponsored Data promotion or plan may have certain conditions or limitations, such as applying only to streaming videos and not when browsing or commenting within go90. The conditions or limitations applicable to a specific Sponsored Data promotion or plan will be described in accompanying marketing or other materials. Beginning on or about February 4, 2016, if you are a Verizon Wireless post-paid customer and you download the current version of go90 (release 1.4), you can watch any video on go90 App without incurring Verizon Wireless data usage charges so long as you are connected to LTE. Other activity that does not involve watching videos, such as downloading go90 from an app store, browsing or searching for shows, posting comments, sharing clips, viewing settings, and accessing the go90 Website on your mobile device, will incur data usage charges. This offer is not available to Verizon Wireless pre-paid customers, customers of other wireless carriers, Verizon Wireless customers who take their devices outside the United States, Verizon Wireless customers accessing go90 over a VPN (“virtual private network”) or when a Verizon Wireless device is not on LTE. For Verizon Unlimited customers, App data usage will be counted, but will not be billed. This offer is subject to the terms of your Verizon Wireless service, including Safety Mode which may impact streaming. This offer is subject to change. By taking advantage of this Sponsored Data offering, you acknowledge these limitations on the scope of the offering.
- App. Your use of the App is governed by the licensing terms contained in this Agreement. Your installation and use of the App may also be subject to the end user policies and terms that you agree to when you access the app store to download the App. We reserve the right, and you agree to allow us, to periodically update, upgrade or change the App.
- Content. Some go90 Content may be available only to Verizon Wireless customers and only to such customers watching on the App. Some go90 Content may be available only on specific devices such as those with a specific screen size range, for example, seven inch screen or smaller. go90 may include Content unsuitable for all viewers, and users of go90 may have access to Content that is sexually explicit, offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen (18). You, or your parent or legal guardian if between 13 and 18 years old, agree to supervise usage of go90. Some Content will be available for casting through a third-party device such as Apple TV or Chromecast that you have. We do not provide such devices and do not provide support for them.
- Content availability. go90 utilizes, in whole or in part, the public Internet and third-party networks to transmit Content and other data. The Internet and other networks may not be secure and you should take adequate measures to protect any of your data from loss. The Content may be interrupted or limited by us at our discretion or may otherwise not display properly due to variables beyond our control including, but not limited to, the speed and availability of your wireless or broadband network connection. We hope you do not experience delays or technical difficulties but you could because of those variables, as well as the technical limitations of the electronic devices on which you view the Content. NEITHER GO90 NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY FOR INTERRUPTION, DELAY OR SUSPENSION OF ACCESS TO OR UNAVAILABILITY OF CONTENT, OR ANY LOSS OF SUCH INFORMATION, DATA OR TRANSMISSIONS.
- Reservation of Rights. All Content provided by go90 or its third party licensors on any website or other resource provided by it or downloaded through a go90 application, including, without limitation, images, animations, previews, video programming, information services, audio, music, and text, irrespective of the manner or format in which such Content is delivered, is the property of go90, its affiliates or its licensors. Your rights with respect to the Content are limited by copyright, trademark and other intellectual property law. All rights regarding use of the Content not expressly granted in this Agreement are reserved by go90 and/or its licensors.
- User content. go90 is not responsible for and does not endorse the content posted by users such as pictures and text comments. You may be exposed to posts you find offensive, inappropriate or even harmful. We require all user content to comply with this Agreement and our community standards described below. We want you to report bad behavior and explain below how you can report user content that does not meet these standards.
4. Community standards
We respect your freedom of expression and need you to respect others. We have no tolerance for anyone who can’t adhere to these standards. We will take-down any user content that does not meet these standards. This means the following applies to your posts.
- You are responsible for anything you put on go90.
- We cannot list everything that may be objectionable so the list below is not exhaustive. We reserve the right to remove any user content in our sole discretion.
- You will not put content on go90 that:
- Contains intense or excessive profanity;
- Depicts intense violence;
- Graphically depicts nudity, sexual activity;
- Constitutes hate speech;
- Threatens, stalks, or harasses other go90 users;
- Graphically depicts illegal drug use;
- Violates the right of publicity or privacy, copyright, or other proprietary or intellectual property right of others;
- Encourages or will be used for illegal or unauthorized purposes;
- Provides inappropriate links to other websites; or
- Promotes, markets or advertises products or services or constitutes any unsolicited advertising, spam or promotional materials directed at other go90 users
- Reporting. You are an important part of go90’s community. If you believe something posted by a user violates these standards, please report them to go90 using the “Report” button for our review. Your report must contain any information we require on the form, such as user name and/or an explanation of why you are filing the report, and generally should include as much information as possible for a thorough review. We will review reports quickly to determine, in our sole discretion, whether a post should be removed.
5. Using the go90 Services
We really want to make go90 enjoyable for all users so you need to use go90 for lawful purposes only and agree you will act responsibly when using it, this includes that:
- You are solely responsible for all use of your go90 account. This includes any use of and access to go90 by minors, or others with access to devices that may access go90, whose use and/or access you authorize, even if such use and/or access by a minor, other household member or anyone with access to your account is a result of your failure to monitor the use and access to go90, including the Content.
- You will use go90 only for personal, noncommercial use. Any commercial or other use, such as public viewing, is strictly prohibited.
- You will adhere to go90’s community standards.
- You will keep your information current and complete. Please review your account profile periodically to ensure that your email address is current.
- The Service can be used only in the United States. You will not attempt to use go90 outside the United States.
- You will not modify, make derivative works of, disassemble, decompile, or reverse engineer go90 or any component thereof.
- Except as expressly permitted within the sharing component of go90, you will not modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of go90, or any products or other services (including software) related to go90, or permit access to the same by any unauthorized person or entity.
- You will not publish, distribute, resell, rebroadcast, re-provision, re-transmit or rent go90 (either for a fee or without charge).
- You will not modify, enhance, remove or otherwise alter in any way any portion of go90, its technology or any content protection or access control measures incorporated into it or otherwise obtain unauthorized access to go90 or its Content. If you modify or change certain operating system components of your compatible device, such as by “jailbreaking” or “rooting,” go90 may be unavailable on that device.
- You will not use any means to access any part of go90 in a manner not authorized by go90 or in a way that could harm go90, such as by removing any trademark or other proprietary notices appearing on or in go90 or the introduction of viruses or computer code that effects how go90 functions.
- You will not violate go90’s or any third-party’s copyright, trademark or other intellectual property rights.
6. We may change terms, suspend or terminate go90
- Changing terms. We may change these terms, including fees applicable to a Subscription Service, at any time. We’ll provide notice of material changes to this Agreement by posting notice of the changes on www.go90.com or other means, such as by email. Notwithstanding the preceding, we will provide notice of any price changes to a Subscription Service to the email address you provide to us and you consent to receiving these notices electronically. Please note that we may not always be able to notify you in advance of changes to government taxes and fees. Revisions to any terms and conditions shall be effective on the date noted in any posting or email we send you. Your continued use of go90 after the change in terms takes effect means you accept the change. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.
- Suspension or termination. We reserve the right to suspend or terminate go90 (or any part thereof), with or without notice, for any reason or no reason. Upon termination or expiration of this Agreement, you agree to cease use of and access to all Services and to immediately delete the App and all Service software from your devices or computer. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of go90 or any part thereof.
- Our right to terminate, suspend or modify promotions. We reserve the right to terminate, suspend or modify any promotion offered to you by us or in conjunction with an affiliate if it is subject to challenge or allegation by a regulatory or enforcement agency as violating law, regulation or public policy. You agree that we will not be liable if this occurs.
- Fees. We will bill your payment card at the time of your purchase of a Subscription Service and may bill in advance if such service has a monthly fee. By submitting your payment card, you represent that your use of such payment card is authorized and that all information you submit is true and accurate. You are expressly agreeing that we are authorized to charge the applicable fees and taxes in connection with your use of the Subscription Service to your payment card. You agree and acknowledge that the billing address provided when ordering a Subscription Service constitutes your primary place of use of go90. If your payment card expires, you may no longer use the Subscription Service until you provide a valid payment card.
- Payments unable to be processed. If we are unable to process your means of payment at any time, your Subscription Service may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to us. Your agreement with your card issuer governs your use of your payment card. You must refer to those agreements with respect to your rights and liabilities as a cardholder. We reserve the right to continue to collect payment (and to continue to attempt to collect payment) that has not been collected due to technical or other issues. If we use an attorney or a collection agency to collect any money you owe us then you agree to pay the reasonable costs of such collection.
- Disputed fees. If you believe you have been billed in error, you must contact us at email@example.com immediately, and in no event more than 15 days following the date you receive any bill for which you are seeking correction. Failure to timely notify us of any dispute will constitute your acceptance of the corresponding billed amounts. You must pay undisputed portions of any Subscription Service when due.
- Refunds. Unless otherwise indicated at the time of purchase or in other writing by us, all Subscription Service sales are final. We do not provide full or partial refunds for a Subscription Service you purchased. To the extent permitted by applicable law, you will not receive a refund or credit for any Content that you are not able to view or have difficulty viewing for any reason.
8. Copyrights and Licenses.
- Copyright Infringement/Repeat Infringer Policy. go90 respects the intellectual property rights of third parties. Accordingly, you may not store any material or use go90's systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under U.S. copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of go90 to suspend or terminate, in appropriate circumstances, the go90 Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights in connection with the use of the go90 service. In addition, go90 expressly reserves the right to suspend, terminate or take other interim action regarding the go90 account of any user or account holder if go90, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights go90 may have under law or contract. If you believe that copyrighted material has been used in violation of this policy, please follow the instructions for contacting go90's Designated Agent for DMCA Notices as set forth in go90's Copyright Policy located at http://www.verizon.com/copy.html.
- Licenses. Subject to your compliance with the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable (i) right to use go90 as permitted by this Agreement and (ii) license to install and use the App solely for the purpose of accessing go90. The App is being licensed to you, not sold; we and our third-party licensors possess certain intellectual property rights in go90 and the App, and we reserve all rights in go90 and the App not expressly granted to you under this Agreement. You are not granted any title or rights of ownership in go90 or the App. Portions of the App include open source software; for more information, please visit www.verizon.com/opensource.
- Digital Rights Management. We use certain security technologies to prevent unauthorized access to go90 and unauthorized viewing of Content. You agree not to, and agree not to assist others that are attempting to, circumvent any of this security technology. One of the security technologies used by go90 and the App is Microsoft PlayReady, and the following applies to that technology:
Content owners use Microsoft PlayReadyTM content access technology to protect their intellectual property, including copyrighted content. This device uses PlayReady technology to access PlayReady- protected content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device’s ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
- Other License terms applicable to Apple or iOS devices. The following terms apply when you use the App for iOS Devices (the "iOS Application"). You agree that Apple Inc. (“Apple”) is not responsible in any way for the iOS Application, including without limitation for any maintenance or support for the iOS Application, and is not a party to this Agreement, which is between you and go90 only. You acknowledge that Apple and its subsidiaries are, however, third party beneficiaries of this Agreement and shall have the right to enforce this Agreement against you as third-party beneficiaries.
- Limited License. If you are using a compatible iOS-capable device, go90 hereby grants to you a non-transferable, worldwide, non-exclusive, limited license to download, install and/or use the object code version of the iOS Application solely on that device. All rights not expressly granted in this Agreement are reserved by go90 and its licensors.
- Developer Contact Information. go90 is the developer of this iOS Application. go90 is located at 1095 Avenue of the Americas, New York, NY, 12108. Questions, complaints or claims with respect to the iOS Application should be directed to: https://membershipsupport.secure.force.com/go90/ .
- You acknowledge that Apple is not obligated to furnish any maintenance and support services with respect to the iOS Application. Apple is not responsible for any claims relating to the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE iOS APPLICATION, INCLUDING WITHOUT LIMITATION WITH RESPECT TO PRODUCT LIABILITY CLAIMS, CLAIMS THAT THE iOS APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, AND/OR CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.
- INTELLECTUAL PROPERTY CLAIMS – APPLE DISCLAIMER. YOU ACKNOWLEDGE THAT IN NO EVENT WILL APPLE BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE iOS APPLICATION INFRINGES ON A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
9. No Warranties
The Service, including the App, is provided on an ‘as is’ and ‘as available’ basis. We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about go90 or the App. We do not warrant that go90 or the App will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by various factors such as wireless network and internet performance.
CERTAIN STATE LAWS 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 MAY ALSO HAVE ADDITIONAL RIGHTS.
10. Export Restrictions
You acknowledge that go90 is subject to U.S. export control laws and regulations. You represent that you are not a citizen of an embargoed or sanctioned country nor are you a prohibited or restricted end user under applicable U.S. export laws, regulations and lists. You will not use, export or allow a third party to use or export go90 in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials, including the export of any provided equipment, via go90.
11. Limitation of Liability
You agree to limit any claims against go90, its affiliates, employees and third-party licensors for damages or other monetary relief to direct damages, subject to the limitations stated in this section. This limitation and waiver will apply regardless of the theory of liability. That means you will not try to seek and will not obtain any: indirect or consequential damages, including lost profits and income, lost savings, loss of facilities and core equipment damages, loss of goodwill, damage to reputation, and loss of opportunities; indirect and special damages, including business interruption; treble; or punitive damages from us. This limitation and waiver also applies if you bring a claim against one of our providers or suppliers, to the extent we would be required to indemnify the supplier for the claim.
You agree that we aren’t responsible for problems caused by you or others, or by any act of God. Any damages that may be payable to you will be limited under this limitation of damages.
go90’s, including its affiliates, employees and third-party licensors, maximum, aggregate liability and that of its suppliers to you for any cause of action or claim whatsoever, arising out of or relating to this Agreement, go90 or support services, regardless of the form of action shall be limited to the greater of $100 or an amount equivalent to any charges paid by you under the applicable go90 plan during the 6-month period prior to when such claim arose. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of consequential or incidental damages. In these jurisdictions our liability shall be limited to the maximum extent permitted by law.
- We are not responsible for any third-party websites, links or services. The Service may contain Content, ads or other information that is served by someone else or links to third party content or web sites that we do not control. Any web sites linked to or from go90 are not reviewed, controlled, or examined by go90 and go90 is not responsible for the contents of any such sites or any links. go90 is not responsible for the privacy practices employed by or services offered by any third party.
- Third Party Beneficiaries. ALL LIMITATIONS OF LIABILITY, INDEMNITIES AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO GO90’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
12. You agree to indemnify us
You agree to indemnify and defend go90, its affiliates, directors, employees, agents, contractors, third-party licensors and its suppliers (“Indemnitees”) and hold Indemnitees harmless from any damages, costs (including attorneys’ and experts’ fees) and liabilities incurred from any claim, lawsuit or cause of action of any sort arising from your use of go90, or the use of your account by others, or breach of this Agreement. In such event, you agree to conduct the defense and to control the litigation and settlement, if any; provided that you may not agree to any judgment or enter into any settlement that adversely affects our rights or interests or requires Indemnitees to admit any liability or to pay money or offer in-kind services without our prior written consent. We agree to give you prompt notice of all claims and to cooperate in defending against the claim. THE INDEMNITEES AND YOU DISCLAIM ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
13. Choice of Law.
Except as otherwise required by law, you and go90 agree that the Federal Arbitration Act and the substantive laws of the state of your residence, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. UNLESS WE BOTH AGREE OTHERWISE, YOU AND GO90 CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN AN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR RESIDENCE FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE.
Except as otherwise required by law, including state laws relating to consumer transactions, any cause of action or claim you may have with respect to go90 must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
14. General Terms
- The terms and conditions of this Agreement constitute the entire agreement and supersede all previous agreements, proposals or representations related to go90. You may not assign this Agreement without our prior written consent. We may freely assign this Agreement.
- Any changes to this Agreement, or any additional or different terms in your orders, acknowledgments or other documents, will not be effective unless expressly agreed to in writing by us.
- Notices. From time to time we may send you information relating to go90 (including information related to your password) via email to the email address you provide. Our notices shall be deemed to have been given to you as of the date the email is sent. Any notices or other communications which under the terms of this Agreement or under any statute must be given or made by either party shall be in writing to the respective parties as set forth herein.
- If any of the terms or conditions in this Agreement are found to be invalid or unenforceable by a court or government body, the remaining terms or conditions of this Agreement shall not be affected by the finding and shall continue to apply as necessary to reflect the original intention of the parties.
- All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of the Agreement, including, without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
- Our failure at any time to enforce any provision of this Agreement or any right or remedy available hereunder or at law or equity, or to exercise any option herein provided shall in no way be construed to be a waiver of such provision, right, remedy or option or in any other way affect the validity of this Agreement. The exercise by us of any rights, remedies or options provided hereunder or at law or equity shall not preclude or prejudice us from exercising thereafter the same or any other rights or remedies or options.
15. How disputes are handled
ARBITRATION OR SMALL CLAIMS ACTIONS.
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.
YOU AND GO90 BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
- THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
- UNLESS YOU AND GO90 AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR RESIDENCE. FOR CLAIMS OVER $10,000, THE AAA'S RULES WILL APPLY. IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM WILL USE THE AAA'S RULES FOR CONSUMER DISPUTES OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
- THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
- IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO GO90 SHOULD BE SENT TO GO90 DISPUTE RESOLUTION MANAGER, ONE VERIZON WAY, VC52N061, BASKING RIDGE, NJ 07920. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL PAY ANY FILING FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, GO90 WILL PAY THE FEE DIRECTLY TO THE AAA. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER, AS WELL AS FOR ANY APPEAL TO A PANEL OF THREE NEW ARBITRATORS (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THIS AGREEMENT).
- WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY'S RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN EMPLOYEE WHO'S NOT DIRECTLY INVOLVED IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION OR LAWSUIT. IF YOU'D LIKE TO KNOW MORE, PLEASE CONTACT US AT firstname.lastname@example.org. IF YOU'D LIKE TO START THE MEDIATION PROCESS, PLEASE CONTACT US AT email@example.com FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS ON THE FORM.
- WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU THAT AMOUNT.
- AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
- IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
- IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND GO90 AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND GO90 UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.