Last updated: Aug 18, 2024
THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND Go Offer, Inc. (“Go Offer”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT WWW.GOOFFER.US AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.GOOFFER.US AND MENTOR.GO-OFFER.US BY Go Offer, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”), AND ALL SOFTWARE, SERVICES, INFORMATION AND CONTENT ASSOCIATED WITH OR PROVIDED OR OFFERED FOR SALE THROUGH THE SITE (COLLECTIVELY, THE “SERVICES”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE SERVICES AVAILABLE THROUGH THE SITE. BY USING THIS SITE OR THE SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY OF THE SERVICES, OR ANY INFORMATION OR MATERIALS CONTAINED WITHIN THE SITE. IF YOU ARE USING THE SITE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH GO OFFER, UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE CONSUMER PROTECTION LEGISLATION. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
The words “you,” “your,” “user” or “member,” whether or not capitalized, as used herein, refer to all individuals and/or entities accessing or using the Site or any Services, for any reason.
Go Offer may, from time to time, make changes to the content and features of the Site and any Services, including the products and tariffs offered. These changes may include updating or adding or removing provisions of these Terms. The “Last Updated” legend above indicates when these Terms were last changed. If we make a material modification to these Terms, we will notify you through the email associated with your account. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. By continuing to use the Site and/or the Services after Go Offer has updated the Terms, you are agreeing to the updated Terms. If you do not agree with any of the updated Terms, you must stop using the Site and the Services, including any tariffs you have purchased, and discontinue any ongoing engagements.
Users must be at least the age of majority in the jurisdiction in which they reside to use the Site and the Services. By using the Site or the Services, you represent, acknowledge, and agree that you are at least the age of majority in the jurisdiction where you reside and have the right, authority, and capacity to agree to and abide by these Terms.
You also represent that you will use the Site and Services in a manner consistent with any and all applicable laws and regulations.
Not all products and services are available in all geographic areas. Your eligibility for particular products and services, including specific tariffs or offerings, is subject to final determination by Go Offer and/or its affiliates.
Go Offer may terminate these Terms and your use of the Site and Services without notice if we, in our sole discretion, believe that you are not at least the age of majority in the jurisdiction where you reside, or have otherwise violated these Terms.
Go Offer provides content and Services through the Site that are the copyrighted and/or trademarked work of Go Offer, its third-party licensors and suppliers, or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, videos, images, software, and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Go Offer hereby grants you a limited, personal, non-exclusive, and non-transferable license to use and display the Materials, and to use the Site and the Services solely for personal or internal business purposes. Except for the foregoing license, you have no other rights in the Site, the Services, or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site, the Services, or the Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.
You may be able to view portions of the Site without registering with Go Offer. However, to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must register for an account and receive a password. During registration, you may need to select a specific tariff that aligns with the Services you wish to access, such as our Self-Serve Tariff or tariffs with support of the mentors, among others. Once you have registered, your username and password can be used to log in to the Site. Please note that the Services available to you may vary depending on the tariff you have chosen.
If you wish to register for an account with Go Offer, you must submit certain information, including your name and email address. Depending on the Services you seek to access, you may also be asked to provide additional information such as your target goals, current role, educational background, and areas of expertise. Once you have submitted your account registration information, Go Offer reserves the right to approve or reject your registration at our sole discretion.
Go Offer may also provide you with the ability to register for an account on the Site using your existing account and log-in credentials from third-party sites (which may change from time to time).
You are responsible for maintaining the confidentiality of your Go Offer password and any third-party site password (collectively, “Password”), and you are responsible for all activities that occur using your Password. You agree not to share your Password, allow others to access or use your Password, or do anything else that might jeopardize the security of your Password. You agree to notify Go Offer if your Password is lost or stolen, if you are aware of any unauthorized use of your Password on the Site, or if you know of any other breach of security in relation to the Site.
All the information you provide when registering for an account and otherwise through the Site must be accurate, complete, and up-to-date; you are solely responsible for ensuring that all such information remains accurate, complete, and up-to-date at all times. You may change, correct, or remove certain information from your account by logging into your account on the Site and making the desired changes.
By registering for an account with Go Offer, you gain access to certain password-restricted areas of the Site and specific Services and Materials offered through the Site based on the payment option you select (a “Tariff Plan”). Each Tariff Plan, along with the rights and privileges provided, is personal and non-transferable. All sales and payments for Tariff Plans will be in US Dollars.
We offer various Tariff Plans, including options that involve a single upfront payment, payment via installments, and a success fee based on a percentage of your annual offer salary. The specific terms, including prices, access durations, and success fee percentages, may be outlined in a separate contract signed between you and Go Offer. In the event of a conflict between these Terms and the signed contract, the contract will govern.
Go Offer reserves the right to change prices or payment structures for Tariff Plans (but not the price or payment terms in effect for your current engagement) at any time, upon notice, and does not provide price protection or refunds in the event of promotions or price decreases. Go Offer may offer promotional, discount, or other limited-term offers. These offers are subject to these Terms and may be subject to additional terms disclosed at the time of the offer. In the event of a conflict between these Terms and the terms of such an offer, the offer-specific terms will govern.
We will charge you based on the payment structure of your selected Tariff Plan—whether that involves an upfront payment, installment payments, or a success fee. If your plan includes a free-trial period, we will charge you according to the agreed terms upon the expiration of the free-trial period. Once you are charged, you will receive a confirmation email notifying you of your ability to access the applicable portions of the Site and the Services covered by your Tariff Plan.
Contracts and Specific Terms: In many cases, Go Offer and the client will enter into a contract that specifies exact terms regarding pricing, access duration, and success fees. This contract may extend or modify the terms laid out here. In the event of a conflict between these Terms and the terms outlined in the contract, the contract terms will take precedence.
Automatic Renewal Terms: If your Tariff Plan includes ongoing services, you agree that your subscription or engagement may automatically renew on the same terms until you cancel at any time by emailing [email protected] or through your Account Settings page. You authorize Go Offer to charge your card now and upon each renewal. A cancellation will be effective on the next renewal date following your notice of cancellation. You confirm you have read and agree to our Terms of Use and Privacy Policy.
You will be responsible for paying any applicable sales and use taxes for the purchase of your Tariff Plan based on the mailing address you provide when you register, and you authorize Go Offer to charge you for any such applicable taxes.
Go Offer reserves the right to modify pricing or payment structures at any time (but not the price or terms in effect for your then-current engagement), upon advance notice to you. If you have not cancelled your Tariff Plan or turned off the auto-renew function within the specified time after receiving notice of a price or term change, your Tariff Plan will renew at the terms indicated in your notice.
General: Depending on the Tariff Plan you select, Go Offer may require a single upfront payment, payment via installments, or a success fee based on a percentage of your annual offer salary. Specific terms regarding payments and refund eligibility may also be outlined in a separate contract signed between you and Go Offer. You may cancel your engagement with Go Offer by emailing [email protected] or through your account settings page. Unless otherwise specified, your cancellation will be effective immediately, and you will not be eligible for a refund for any upfront payments, installment payments, or success fees already processed.
Refunds and Disputes: While refunds are generally not offered, Go Offer may issue a partial refund if a client raises a dispute. If a dispute is raised, both parties will assess the amount of services provided, and a partial refund may be granted based on mutual agreement. Factors considered in such disputes will include the duration of time you had access to our educational materials and platform, as many Tariff Plans offer time-limited access to these resources and to our team of assistants. The specific terms regarding refunds and dispute resolution may also be addressed in the contract signed between you and Go Offer.
Access to Services: If your Tariff Plan includes time-limited access to the platform, educational materials, or assistant support, the value of these services will be taken into account when calculating any potential refund. If you cancel your plan, you will retain access to these services until the end of the pre-paid period, but no additional services will be provided beyond that timeframe.
3-Day Refund Period: You may cancel your agreement with Go Offer without any penalty or obligation if notice of cancellation is given within 3 business days from the date of purchase. To cancel and receive a refund within the 3-Day Refund Period, contact customer service by email at [email protected]. Your cancellation will be effective immediately, and a refund will be issued within 10 business days.
In addition to our various Tariff Plans, Go Offer may make certain products and Services available to users. You agree to pay all fees corresponding to your order. In connection with such an order, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD OR PAYMENT METHOD THAT YOU SUBMIT IN CONNECTION WITH AN ORDER. By submitting such information, you grant Go Offer the right to provide such information to third parties for purposes of facilitating the transaction. Verification of information may be required prior to the acknowledgment or completion of any such transaction.
If you do not pay on time or if Go Offer cannot charge your credit card or other available payment method for any reason, Go Offer reserves the right to either suspend or terminate your access to the Site and Services, and terminate these Terms. You expressly agree that Go Offer is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your use of this Site, including any additional products and Services. These fees will be billed to your credit card or other available payment method designated on your account. If you cancel your account at any time, you will not receive any refund unless otherwise required by applicable law, or as specified above for refunds related to certain Tariff Plans and services within specific time frames. If you have a balance due on any account, you agree that Go Offer may charge such unpaid fees to your credit card or other available payment method, or otherwise bill you for such unpaid fees. All fees paid to Go Offer are non-refundable, subject to applicable laws.
If you purchase products or services from Go Offer, you may have the right to cancel an order if we do not comply with applicable consumer protection legislation. The specific terms of any such right will be detailed in the contract or agreement related to your purchase.
By using the Site and/or the Services, you consent to receiving electronic communications from Go Offer. These electronic communications may include information about Go Offer’s Services, features of the Site, notices about applicable fees and charges, transactional information, and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with Go Offer. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Site may be linked to or may link to third-party websites and applications that are not operated by Go Offer, including, without limitation, social networking, blogging, and similar websites through which you may be able to connect to the Site, as well as other sites that provide question-and-answer forum functionality or allow you to submit job applications or other information (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites, and, if applicable, allow you to configure your privacy settings in your Third Party Site account to permit your activities on the Site to be shared with your contacts in your Third Party Site account. In certain situations, you may be transferred to a Third Party Site through a link, but it may appear that you are still on our Site.
In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions, and/or user guides and business practices than Go Offer. You further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site’s privacy policy, terms and conditions, and/or user guides. You agree to comply with any and all terms and conditions, user guides, and privacy policies of any Third Party Sites.
Go Offer provides links to the Third Party Sites as a convenience. Go Offer does not verify, make any representations, or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT GO OFFER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS OR INFORMATION YOU DIRECT US TO SHARE WITH THIRD PARTIES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Go Offer’s endorsement or recommendation.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material that you submit, upload, post, or otherwise make available on or through the Site and/or the Services (“User Content”). You may not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third party. The burden of determining whether any material is protected by such rights is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violations of contract, privacy, or publicity rights, or any other harm resulting from your User Content. You have full responsibility for your User Content, including its legality, reliability, and appropriateness.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any User Content submitted, uploaded, posted, or otherwise made available by you in connection with your use of the Site and/or Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Go Offer a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare compilations and derivative works of, publish, transmit, and distribute your User Content, or any portion thereof, and to publish, transmit, distribute, and sell compilations and derivative works of your User Content, in any form, medium, or distribution method now known or hereafter existing, without compensation to you. Your User Content may be automatically scanned by Go Offer in order to enhance your experience with our Site and Services and deliver targeted information. Such scanning is explicitly included in the foregoing license to your User Content. Go Offer may modify or adapt your User Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services, or media. Depending on your account settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be available to others. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any User Content posted by you to or through the Site. When you provide User Content, you agree that such User Content shall not be in violation of the “Unauthorized Activities” section below. Although Go Offer has no obligation to monitor, screen, edit, or remove any User Content or other information submitted by you or any other user, we may delete or remove User Content at any time and for any reason without notice.
When using the Site and/or the Services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Go Offer reserves the right to (a) terminate access to your account, your ability to post to the Site (or use the Services), and (b) refuse, delete, or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Go Offer determines, in its sole discretion, is inappropriate or disruptive to the Site or to any other user of the Site and/or Services. Go Offer may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Go Offer’s discretion, Go Offer will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on the Site may violate certain laws and regulations.
Trademarks, names, and logos on the Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Go Offer, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee.
Go Offer respects the intellectual property rights of others, and we ask you to do the same. Go Offer may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Go Offer’s designated agent with the following information:
Go Offer’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:
Go Offer, Inc.
101 Asheville Road
Chestnut Hill, MA 02467
E-mail: [email protected]
Please also note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Upon receiving a notice of claimed infringement that complies with the requirements set out above, and upon payment of any fee that we may lawfully charge, we will forward the notice to the location you have provided (or, if we are unable to forward it, we will inform you of the reasons).
We also reserve the right to remove or disable access to copyright-protected material that you provided, if such removal is pursuant to a valid infringement notice that we have received. If you receive such a notice from us, you may provide us with a counter-notification in writing to Go Offer’s designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Go Offer may be located, and that you will accept service of process from the person who provided the notification of allegedly infringing material or an agent of such person.
Please send your counter-notification to the following designated agent:
Go Offer, Inc.
101 Asheville Road
Chestnut Hill, MA 02467
E-mail: [email protected]
Go Offer reserves the right, in its sole discretion, to terminate the account or access of any user of our Site and/or Services who is the subject of repeated DMCA or other infringement notifications.
Last Your use of the Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Go Offer, and they may include inaccuracies, typographical errors, or other mistakes. Go Offer does not warrant the accuracy or timeliness of the Services provided through, or Materials contained on, the Site. Go Offer has no liability for any errors or omissions in the Services or Materials, whether provided by Go Offer, our licensors, suppliers, or other users.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
GO OFFER, FOR ITSELF AND ITS LICENSORS, DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY USER CONTENT, AND ANY THIRD-PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS WITH NO WARRANTY, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. GO OFFER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
You agree to indemnify and hold Go Offer and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that Go Offer or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party (a) that your use of the Site and Services, or the use of the Site and Services by any person using your username and/or password (including, without limitation, your participation in the posting areas or your User Content), violates any applicable law or regulation, or the copyrights, trademark rights, or other rights of any third party, and (b) your use of any features or services provided by Go Offer (including any actions or submissions made on your behalf) violates any third-party terms and conditions or other guidelines or requirements.
Go Offer provides a platform for clients to access educational resources, mentor and assistant services, and other career-related tools. Go Offer is not a party to any actual transaction between clients and third parties, including potential employers or recruiters. As a result, Go Offer has no control over User Content, or the quality, safety, or legality of jobs, resumes, or other postings and makes no representations about any jobs (including availability), resumes, or User Content. Go Offer shall not be responsible for any employment decisions made by any entity in connection with jobs posted on or through the Site. You acknowledge and agree that you are solely responsible at all times for the accuracy, form, and substance of any of your User Content, including any third-party contact information you provide to Go Offer. You further acknowledge and agree that you are responsible for evaluating any Materials (including but not limited to job postings) and that Go Offer shall not be responsible for your career decisions.
Go Offer is also not involved with or responsible for any transaction between you and a third party, including your employer or a recruiter. Any referral bonus or payment available to you through your employer’s internal company referral policy is strictly governed by the terms of such policy, if any, and any applicable employment or company agreements. Any payment to you from a third party, including but not limited to any features or functionalities available on the Site, is solely the responsibility of the applicable third party. Go Offer is not responsible for the non-payment or underpayment to you by any third parties (including recruiters), or for the content or experience of any emails or other communications from such third parties.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
GO OFFER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL GO OFFER BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF GO OFFER KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
GO OFFER’S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND ANY MATERIALS OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO GO OFFER WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
Go Offer controls and operates the Site from its headquarters in the United States of America, and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Go Offer, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services, or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Go Offer is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Go Offer is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Please read this carefully. It affects your rights.
Most user concerns can be resolved quickly and to a user’s satisfaction by contacting us at [email protected]. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Go Offer. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court, and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that, except where prohibited by applicable law, all Disputes between you and Go Offer shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunities to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Go Offer” means Go Offer, Inc. and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Go Offer regarding, arising out of, or relating to any aspect of your relationship with Go Offer, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Go Offer’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution.
For all Disputes, whether pursued in court or arbitration, you must first give Go Offer an opportunity to resolve the Dispute. You must commence this process by mailing written notification to [email protected]. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Go Offer does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration or, only where arbitration is prohibited by law, in court. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions From Arbitration; Right to Opt Out.
Notwithstanding the above, you or Go Offer may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Go Offer at [email protected]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Go Offer through arbitration. Your decision to opt out of this Arbitration Provision will have no adverse effect on your relationship with Go Offer. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or Go Offer may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award — The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such an award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration — You or Go Offer may initiate arbitration in either Norfolk County, Massachusetts, or, if you reside in the United States, the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs — Go Offer will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs, and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Go Offer as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver.
Except as otherwise provided in this Provision or by applicable law, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Go Offer specifically agree to do so in writing following the initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Severability.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.
Continuation.
This Provision shall survive the termination of your service with Go Offer or its affiliates
Go Offer may discontinue, suspend, or terminate your access to the Site, the Services, and/or your account, without notice or liability, for any violation of these Terms or for any other use of the Site, the Services, or the Materials that Go Offer, at its sole discretion, deems improper. Go Offer may also discontinue offering the Site, the Materials, or any of the Services, or may modify any portion of the Site, the Materials, or the Services at any time, with or without notice to you. In the event of such termination, Go Offer shall refund to you on a pro-rata basis that portion of any fees you previously have paid which are attributable to a time period after such termination.
Go Offer prefers to advise you if we believe you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Go Offer, may result in the immediate termination of your access to the Site without prior notice to you.
Subject to applicable consumer protection laws, the Federal Arbitration Act, Massachusetts state law, and applicable U.S. federal law, without regard to choice of law or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, or where otherwise prohibited by law, any disputes relating to these Terms or the Site will be heard in the courts located in Norfolk County in the Commonwealth of Massachusetts.
The Parties hereto have expressly required that this agreement and all documents and notices relating thereto be drafted in the English language.
With the exception of the “Severability” paragraph of the “Dispute Resolution and Arbitration; Class Action Waiver” agreement above, if any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Go Offer’s failure to enforce any term of these Terms shall not be deemed a waiver of such term or otherwise affect Go Offer’s ability to enforce such term at any point in the future. These Terms constitute the entire agreement between you and Go Offer and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Go Offer about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.
