Terms of Service
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Terms of Service Overview
Below is an overview of our Terms of Service for our “Platform”, which means any website,
application, or service we offer. You should read the complete Terms of Service because
that document (and not this overview) is our legally binding agreement. The Terms of
Service includes information about your legal rights and covers areas such as automatic
subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration
rather than a judge or jury in a court of law, and a class action waiver.
Your Relationship with GOH
By using our Platform, you are agreeing to our Terms of Service. The Terms of Service are a
legally binding agreement between you and GOH.
If you break the rules, we may suspend or terminate your account.
We charge for certain aspects of our Platform, and some of these fees are billed on a regular
and recurring basis (unless you disable auto-renewal or cancel your subscription).
GOH Groups, Organizers and Members
Organizers may establish membership criteria for their own GOH groups. While there is
probably a GOH group out there for everyone, not every GOH group is for you. If you can’t
find the right group, you can easily start your own GOH group.
Organizers may charge fees for memberships or events.
Using our Platform involves meeting real people and doing real things in the real world,
which can sometimes lead to unexpected situations. We can’t control what happens in the
real world, and we are not responsible for it. You should use common sense and good
judgment when interacting with others.
Your Content and Content of Others
You are responsible for your “Content”, which means any information, material, or other
content posted to our Platform. Your Content must comply with our Terms of Service, which
includes the Usage and Content Policies, Groups and Events Policies, Organizer and
Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage
Guidelines, and API License Terms. Your Content is also subject to our Intellectual Property
Dispute Policies.
We do not own the Content that you post. However, we do require that you provide us a
license to use this Content in order for us to operate, improve, promote, and protect GOH
and our Platform for the benefit of you and others.
We are not responsible for Content that members post or the communications that members
send using our Platform. We generally don’t review Content before it’s posted. If you see
Content that violates our Terms of Service, you may report inappropriate Content to us.
Our Platform
We try hard to make sure that our Platform is always available and working, but we cannot
guarantee it will be. Occasionally things may not go exactly as planned. We apologize in
advance for any inconvenience.
We are continually improving our Platform. This means that we may modify or discontinue
portions of our Platform.
By using our Platform, you agree to the limitations of liability and release in our Terms of
Service. You also agree to resolve any disputes you may have with us in the manner
described in the Terms of Service. Unless you are based in the European Union, you agree
to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of
law. Claims can only be brought individually, and not as part of a class action.
You may be based in a country where the laws that apply provide for different or additional
rights and obligations. These Terms of Service will point out areas of difference.
Our Terms of Service contain important information about your legal rights. To make it easier
to understand, we have provided summaries and tips in these gray boxes. These summaries
are not part of the official terms, and it is important for you to read the language in each
section carefully.
1 .This Agreement
Summary: You agree to follow some basic rules when using GOH’s Platform. These rules
are described in these Terms of Service, including the related policies and guidelines
discussed below. We may change these rules.
1.1 The Agreement. GOH enables you and other members to arrange offline, real-world
GOH groups and GOH events. The terms “GOH,” “we,” “us,” and “our” include GOH, Inc.
and our corporate parent, affiliates, or subsidiaries. We use the terms “you” and “your” to
mean any person using our Platform, and any organization or person using the Platform on
an organization’s behalf. We use the word “Platform” to mean any website, application, or
service offered by GOH, including content we offer and electronic communications we send.
We provide our Platform to you subject to these Terms of Service. We use the terms “Terms
of Service” and “Agreement” interchangeably to mean this document together with our
Usage and Content Policies, Groups and Events Policies, Organizer and Leadership
Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API
License Terms. Your use of the Platform signifies that you agree to this Agreement. If you
are using the Platform for an organization, you agree to this Agreement on behalf of that
organization, and represent you have authority to bind that organization to the terms
contained in this Agreement. If you do not or are unable to agree to this Agreement, do not
use our Platform.
Tip: We have included summaries and tips to provide an overview of some legal concepts
and answer common questions, but the text of these summaries and tips are for your
convenience only and do not have a legal effect.
Tip: These Terms of Service are an agreement between you and GOH and not between you
and any other member. For more information, see our FAQ page explaining the parties to
our Terms of Service.
1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we
do, we will provide notice to you by publishing the most current version and revising the date
at the top of this page. If we make any material change to this Agreement, we will provide
additional notice to you, such as by sending you an email or displaying a prominent notice
on our Platform. By continuing to use the Platform after any changes come into effect, you
agree to the revised Agreement. If you do not wish to accept the revised Agreement, you
can close your account.
2 .Your Account and Membership
Summary: You need to be at least 18 years old to use our Platform. GOH organizers control
the Content and membership of their GOH groups. However, we may remove any Content
you post or terminate your account at any time.
2.1 Eligibility. Our Platform is available to anyone who is at least 18 years old. You represent
that you are at least 18. Additional eligibility requirements for a particular portion of our
Platform may be set by any member who has the ability to moderate or manage that portion
of our Platform. For example, the eligibility requirements for a GOH group or GOH event
may be set by the organizers of that group.
2.2 Modification, Suspension, and Termination of Your Account. We may modify, suspend,
or terminate your account or access to the Platform if, in our sole discretion, we determine
that you have violated this Agreement, including any of the policies or guidelines that are
part of this Agreement, that it is in the best interest of the GOH community, or to protect our
brand or Platform. When this happens, we will notify you of the reasons for the modification,
suspension, or termination. We also may remove accounts of members who are inactive for
an extended period of time. Please email policy@GOH.com if you believe the modification,
suspension, or termination has occurred in error.
A member who has the ability to moderate or manage a particular portion of our Platform
also has the ability, in his or her sole discretion, to modify, suspend, or terminate your
access to that portion of the Platform.
2.3 Account Information and Security. When you register, you provide us with some basic
information, including an email address and a password. Keep your email address and other
account information current and accurate. Also, you agree to maintain the security and
confidentiality of your password (or else we may need to disable your account). We strongly
encourage you to choose a strong and unique password that is not shared with any other
account or online service and practice other healthy password security habits to help avoid
unauthorized access to your account. You alone are responsible for anything that happens
from your failure to maintain that security and confidentiality, such as by sharing your
account credentials with others. If someone is using your password or accessing your
account without your permission, email us at abuse@GOH.com.
2.4 License to the GOH Platform and Services. Subject to your compliance with this
Agreement, GOH grants you a limited, non-exclusive, revocable, non-sublicensable, non-
transferable right to use the Platform in order to access and use the services and features
that we make available to you.
3 .Fees, Payments, and Offers
Summary: We charge for certain features on our Platform. If you’re a GOH group organizer,
you’re responsible for paying for organizer subscription fees related to your GOH group.
These fees are billed on a regular and recurring basis (unless you disable auto-renewal or
cancel your subscription), and may change in the future. Additionally, some organizers
charge money for participation in a GOH group or GOH event.
3.1 Fees Charged by GOH. Use of some of the features on our Platform is free, and we
charge fees for other features. We may in the future implement a new fee, or modify an
existing fee, for certain current or future features of our Platform. If we implement a new or
modified fee, we will give you notice in advance such as by posting changes on our Platform
or sending you an email. You agree to pay those fees and any associated taxes for your
continued use of the applicable service. Unless otherwise stated, all fees and all transactions
are in U.S. dollars. Organizer subscriptions are non-transferable. Members based in the
European Union may cancel with a full refund within 14 days after signing up to our Platform.
However, if you use the service, you may be charged for services provided during this 14-
day period. Please note that this 14-day period begins when the service starts even if you
are using a free trial. Users based in the European Union can exercise their cancellation
right by emailing us at policy@GOH.com. See the model cancellation form here.
3.2 Fees Charged by Organizers. Organizers may impose fees related to particular portions
of the Platform, such as member dues for a GOH group or an event fee for a GOH event.
We reserve the right to initiate refunds of fees paid to organizers, when appropriate, even in
cases of fees paid through a third-party payment service. Refunds that we initiate, if any, will
be governed by our Payment Policies. Organizers may also have their own refund policies,
so long as they are consistent with and do not limit members’ ability to receive refunds under
our Payment Policies. Payments made to organizers via the Platform are made through a
third-party payment service provider. If a member pays a fee to an organizer via the
Platform, the member authorizes the organizer (and the organizer’s applicable payment
service provider) to charge the designated payment method for the total amount of the fees,
including any applicable taxes and other charges. Certain types of fees charged by
organizers may be billed on a recurring basis. If billed on a recurring basis, you authorize the
organizer to charge the applicable fee to the designated payment method. You may cancel
auto-renewal at any time.
Tip: You should use common sense in deciding whether to make a payment to any
organizer. We cannot ensure that organizers will use payments as they promise or as you
expect. You should check the refund policy of the GOH group before making any payments
to an organizer.
3.3 Payments to GOH. Organizers are responsible for paying subscription and any other
applicable fees to GOH on time and through our approved payment methods. Organizers
who allow their organizer subscription to lapse are subject to removal as the organizer of the
GOH groups associated with their account, and their GOH group (along with all of the
information and Content associated with or posted to that GOH group) may be terminated or
transferred to another member. You may only pay organizer fees to GOH using a valid
payment method acceptable to us, as specified via the Platform. If we terminate, suspend, or
remove your account in connection with violation of this Agreement, we are not obligated to
refund any organizer subscription fees paid to GOH. In addition, if you paid your organizer
fees through the GOH app for iOS, your payment is subject to the Apple Media Services
Terms and Conditions, and you will need to submit your request for a refund to Apple .
You represent and warrant that you are authorized to use the payment method you
designate via the Platform. You authorize us (and our designated third-party payment
processors) to charge your designated payment method for the total amount of any fees you
owe to GOH, including any applicable taxes and other charges. If the payment method
cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be
suspended or cancelled. We reserve the right to adjust, or to instruct our payment
processors to make adjustments to a payment that has already been requested or received,
in order to correct errors or mistakes, or to issue refunds, in accordance with our Payment
Policies.
Tip: To learn more about organizer subscriptions and what happens if they expire, see this
FAQ on Expired Plans.
3.4 Automatic Subscription Renewals. Fees for certain aspects of our Platform may be billed
on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are
payable in advance of the applicable period specified via the Platform with no refunds. We
will automatically bill you for each renewal period until cancellation. By purchasing any
feature or other aspect of our Platform for which we charge, you authorize us to keep your
payment current by charging the applicable fee to your credit card account (or any other
means of payment used by you). While you may cancel auto-renewal or cancel your
subscription at any time, refunds will be issued solely pursuant to our Subscription Refund
Policy.
Tip: To cancel your organizer subscription, see this FAQ on Modifying Subscriptions.
3.5 Free Trials. We may offer free trials of subscriptions and other products on our Platform.
We will inform you of the length of the free trial, your renewal period, and the date and
amount of your first payment. After your free trial ends, your paid subscription will begin and
we will automatically bill you for each renewal period until cancellation. You can cancel
automatic subscription renewals at any time according to the terms and procedures
described above. Users based in the European Union are entitled to cancel with a full refund
within 14 days after signing up to our Platform by emailing us at policy@GOH.com. See the
model cancellation form here. Please note that this 14-day period begins when the free trial
starts.
3.6 Third Party Payment Processors. An organizer that uses the Platform to accept
payments from other members must comply with the terms and conditions of the third party
provider of the applicable payment service used to receive the payment. GOH does not
provide those payment services, is not a party to your agreement with the applicable third-
party provider, and will not be liable or responsible for your use of those third-party payment
services.
3.7 Invoices from Third Parties. In line with the tax laws of the country where an organizer is
using the Platform, an organizer may receive GOH invoices from a third party provider. Such
third party provider invoicing does not in any way impact the rights and obligations agreed to
in this Agreement, nor does it impact the fee being charged for the use of the Platform.
4 .Your Content and Privacy
Summary: You are responsible for the Content you post on our Platform or send to us. You
give us a license to use this Content to operate, improve, promote, and protect GOH and our
Platform. Our Privacy Policy explains how we collect and use information you provide about
yourself and the information that may be associated with you, and explains the limited ways
we may share this information.
4.1 Your Content. You are responsible for the Content that you post to the Platform or
otherwise provide to GOH. We use the word “Content” to mean the information, material,
and any other content that you post to the Platform or otherwise send to us. Examples of
your Content include:
The material that organizers and members typically post to the Platform, such as information
about GOH groups and GOH events, comments, and photos;
All feedback, suggestions, and other communications that you send or direct to GOH.
By being responsible for your Content, you agree, among other things, that:
You have all the permissions, rights, and licenses needed (including under copyrights,
trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the
Platform and to GOH;
Your Content does not include personal, private or confidential information belonging to
others; and
Your Content does not otherwise violate the rights of any individual or entity.
You also agree that you and your Content comply with this Agreement, including our Usage
and Content Policies, Groups and Events Policies, Organizer and Leadership Standards,
Member Restrictions, Intellectual Property Policies, Trademark Usage Guidelines, and API
License Terms. You also agree that we may remove the metadata associated with your
Content.
Tip: Search engines can see public areas of the Platform. Your Content within these areas,
such as the name and location that you provide during registration, and your membership in
public GOH groups, may appear in search results. Our Platform is designed so that search
engines cannot see your Content that is within restricted areas of the Platform, such as
private GOH groups. You can find additional information on our FAQ about Search Engine
Visibility.
4.2 Content License from You. We do not claim ownership of your Content. However, to
enable us to operate, improve, promote, and protect GOH and our Platform, and to ensure
we do not violate any rights you may have in your Content, you hereby grant GOH a non-
exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right
and license (including a waiver of any moral rights) to use, host, store, reproduce, modify,
publish, publicly display, publicly perform, distribute, and create derivative works of, your
Content and to commercialize and exploit the copyright, trademark, publicity, and database
rights you have in your Content. This license would permit your Content to remain on the
Platform, even after you cease to be a member of a GOH group or of the Platform.
Tip: This license doesn’t give us ownership of any of your Content. It simply gives us and
members the right to use it on or related to the Platform. This license continues even if you
close your account, because it’s necessary for us to operate the Platform.
4.3 Privacy. GOH collects registration and other information about you through our Platform.
Please refer to our Privacy Policy and Cookie Policy for details on how we collect, use, and
disclose this information. These policies do not govern use of information that you provide to
third parties, such as to organizers and other members of GOH’s Platform.
Tip: GOH has no control over how other members may use information that you provide to
them, so you should exercise common sense and good judgment when sharing information
with others on our Platform.
5 .Your Use of Our Platform
Summary: We require that you follow our policies and guidelines when using our Platform.
We have no responsibility for Content that anyone posts to our Platform.
5.1 Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require
that you follow the Usage and Content Policies, Groups and Events Policies, Organizer and
Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage
Guidelines, and API License Terms. You also agree to comply with all applicable laws, rules
and regulations, and to not violate or infringe the rights of any third party.
In addition, your access to and use of some areas or features of the Platform may be subject
to additional terms, policies, standards or guidelines (“Additional Terms”). You may be
required to accept these Additional Terms before you can access these Platform areas and
features. If there is a conflict between the Terms of Service and the Additional Terms, those
Additional Terms will govern your access to and use of that Platform area or feature, unless
otherwise specified in the Additional Terms.
When the Platform uses third party services to provide certain features and services for our
members, our members may be required to comply with the terms of service that apply to
these features and services. For example, some areas of our Platform feature mapping
services provided by Google Maps and Google Earth. When you use these mapping
services on the Platform, you agree to be bound by the Google Maps/Google Earth
Additional Terms of Service.
If you do not comply, we may modify, suspend, or terminate your account or access to the
Platform, in our sole discretion, and we will provide you with reasons for the modification,
suspension, or termination. Please email policy@GOH.com if you believe the modification,
suspension, or termination has occurred in error.
5.2 Content of Others. GOH does not control the Content of other members. When we
become aware of inappropriate Content on our Platform, we reserve the right to investigate
and take appropriate action, but we do not have any obligation to monitor, nor do we take
responsibility for, the Content of other members.
5.3 Interactions with Others. GOH is not a party to any offline arrangements made through
our Platform. GOH does not conduct or require background checks on members and does
not attempt to verify the truth or accuracy of statements made by members. GOH makes no
representations or warranties concerning the conduct or Content of any members or their
interactions with you.
Tip: Exercise common sense and good judgment when using our Platform and interacting
with other members, both on our Platform and at GOH events. If you have a concern
regarding other members, you can report it to abuse@GOH.com.
5.4 Prohibited Uses of the Platform. Our Platform contains proprietary and confidential
information and is protected by intellectual property and other laws. Unless we expressly
permit it through this Agreement, you agree that you will not, either directly or indirectly (a)
use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or
create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the
proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or
attempt to discover the source code or structure, sequence, and organization of the
Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes
that are not contemplated by this Agreement. You also agree that you will not use the
Platform to solicit or collect (i) personal data from others except as necessary for the
administration of or participation in a group or event or (ii) sensitive personal data, as defined
or treated as such under applicable law (including, by way of example only, health
information and social security numbers and other government identifiers). In addition, you
agree that you will comply with the export control laws of your local jurisdiction. You also
represent and warrant that you are not located in a country that is subject to a U.S.
government embargo or that has been designated by the U.S. government as a “terrorist
supporting” country, and that you are not listed on any U.S. government list of prohibited or
restricted parties. If you are a developer working with our API, you should review our API
License Terms.
5.5 Platform Safety and Security. You agree that you will not, either directly or indirectly, (a)
extract data from the Platform for a commercial purpose not permitted by these Terms of
Service, whether through use of an automated system or software, and whether operated by
a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage
in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or
imposes undue burdens on the Platform or its systems.
You agree to use, retain, and otherwise process personal data collected from the Platform in
accordance with applicable laws, rules, and regulations and solely for purposes of
administering and participating in GOH groups and GOH events. Without limitation, you
agree to provide notice to individuals about your processing of their personal data, to obtain
any necessary consents, and to respond to requests made by individuals as required by
applicable law. You also agree to safeguard such data from unauthorized access or
processing. You must delete such personal data once it is no longer strictly necessary for
the administration of a GOH group or GOH event or promptly following a request from GOH,
and you will promptly certify to such deletion .
5.6 Platform Modifications. We work hard to continuously improve our Platform. This means
that we may modify or discontinue portions or all of our Platform with or without notice and
without liability to you or any third party.
5.7 Third Party Sites and Services. The Platform contains links to third party sites, and is
integrated with various third party services, applications and sites that may make available to
you their content and products. We don’t control these third parties and aren’t responsible for
those sites or services or their content or products. These third parties may have their own
terms and policies, and your use of them will be governed by those terms and policies. You
do not have a license to use the intellectual property of third parties merely by way of your
access to our Platform.
6 .Release
Summary: To the full extent permitted by applicable law, you agree not to hold us
responsible for anything that happens related to transactions with third parties, member
interactions, or in connection with a GOH group or GOH event. You also agree not to hold
organizers responsible for their negligence in connection with their Content, a GOH group, or
GOH event.
To the full extent permitted by applicable law, you agree to release us and our officers,
directors, shareholders, agents, employees, consultants, corporate parent, affiliates,
subsidiaries, sponsors, and other third-party partners ( “GOH Parties”) from claims,
demands, and damages (direct and consequential) (“Claims”), arising out of or in any way
connected with any transaction with a third party, your interactions with other members, or in
connection with a GOH group or a GOH event. You also agree, to the full extent permitted
by applicable law, to release organizers from Claims based on an organizer’s negligence
arising out of or in any way connected with their Content, a GOH group, or a GOH event.
The law in some countries and states do not allow the release, so these limits may not apply
to you. You waive and relinquish all rights and benefits that you have or may have under
Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory
law of any other jurisdiction to the fullest extent permitted by law.
You acknowledge that some GOH events carry inherent dangers, such as the risk of illness,
bodily injury, disability, or death. By participating in these events, you understand and agree
that you have freely chosen to assume these risks.
7 .Indemnification
Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get
sued in connection with your use of our Platform.
To the full extent permitted by applicable law, you agree to indemnify, defend and hold all
GOH Parties harmless from any Claims, made by any third party due to or arising out of (a)
your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your
Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third
party, or (e) your participation or conduct in a GOH group or a GOH event that violates this
Agreement. You agree to promptly notify us of any third party Claims, cooperate with all
GOH Parties in defending such Claims, and pay all fees, costs and expenses associated
with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to
settle any Claim without our prior written consent.
8 .Warranty Disclaimer and Limitation of Liability
Summary: Our Platform is provided to you “as is” and we make no warranties of any kind
with respect to our Platform. Our liability in connection with the Platform is limited to the fees
you paid to us in the 12 months preceding the claim or $100, whichever is greater.
8.1 Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available”
basis. To the full extent permitted by applicable law, we disclaim all warranties and
conditions of any kind, including but not limited to statutory warranties, and the implied
warranties of merchantability, fitness for a particular purpose, and non-infringement. We also
disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of
our Platform, (b) any information, advice, services, or goods obtained through or advertised
on our Platform or by us, as well as for any information or advice received through any links
to other websites or resources provided through our Platform, (c) the results that may be
obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any
material or data obtained through the use of our Platform, and (f) dealings with or as the
result of the presence of marketing partners or other third parties on or located through our
Platform. You may have additional rights under the law of the country in which you are
based. You agree that the duration of such additional rights will be limited to the full extent
permitted by such law.
8.2 Limitation of Liability. To the full extent permitted by applicable law, you agree that in no
event shall any GOH Parties be liable for any direct, indirect, incidental, special, or
consequential damages, including but not limited to, damages for loss of profits, goodwill,
use, data, or other intangible losses (even if any GOH Parties have been advised of the
possibility of such damages) arising out of or in connection with (a) our Platform or this
Agreement or the inability to use our Platform (however arising, including our negligence),
(b) statements or conduct of or transactions with any member or third party on the Platform,
(c) your use of our Platform or transportation to or from GOH events, attendance at GOH
events, participation in or exclusion from GOH groups or GOH events and the actions of you
or others at GOH events, or (d) any other matter relating to the Platform. Our liability to you
or any third parties in any circumstance is limited to the greater of $100 or the amount of
fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability.
The limitations set forth above in this Section 8 will not limit or exclude liability for our gross
negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow
the limitation or exclusion of liability, so these limits may not apply to you. If you are a
member based in the EU, you have legal remedies if we cause you loss by our breach or
non-performance of our legal obligations, or by our negligence, and these terms do not affect
those statutory remedies.
9 .Dispute Resolution
Summary: If you have a dispute with GOH, you agree to try to work it out directly with us
first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a
neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought
individually, and not as part of a class action. Members based in the European Union may
have additional or different rights, as provided by applicable law. GOH has no obligation to
get involved with any disputes you have with other members, although we may try to
facilitate a resolution.
9.1 Informal Resolution. Before making any claim, you and GOH agree to try to resolve any
disputes through good faith discussions. We use the term “claim” in this Section 9 to mean
any dispute, claim or controversy arising out of or relating to your use of our Platform or this
Agreement, including your participation in GOH events. You or GOH may initiate this
process by sending written notice according to Section 11.2 describing the dispute and your
proposed resolution. In the event that we cannot resolve the issue within 30 business days
following receipt of the initial notice, you or GOH may bring a claim in accordance with this
Section 9. Members based in the European Union may have additional or different rights, as
provided by applicable law.
9.2 Arbitration Agreement. The arbitration procedures described in this Section 9.2 applies to
all members, except for members who are based in the European Union. Section 9.6 sets
out the dispute resolution procedures that apply to members who are based in the European
Union.
a. Mandatory Arbitration. Except as set forth in Section 9.3, you agree to submit any claim to
JAMS, Inc., or its successor (“JAMS”) for final and binding arbitration. In arbitration, certain
rights that you or we would have in court may not be available, such as discovery or appeal.
You and GOH are each expressly waiving any right to trial by judge or jury in a court of law.
This agreement to arbitrate shall apply regardless of whether the claim arises during or after
any termination of this Agreement or your relationship with GOH.
b. Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year
after the date the party asserting the claim first knows or should know of the act, omission or
default giving rise to the claim, or the shortest time period permitted by applicable law.
c. Arbitration Procedures. Either party may commence arbitration by filing a written demand
for arbitration with JAMS, with a copy to the other party according to the notice procedures in
Section 11.2. The arbitration will be conducted in accordance with JAMS Streamlined
Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS
Rules”) that are in effect as of the demand for arbitration. You agree that the U.S. Federal
Arbitration Act and federal arbitration law govern the interpretation and enforcement of these
arbitration provisions. Any arbitration hearings will take place in New York County, New York
or elsewhere as required by JAMS Rules. Your responsibility to pay any filing, administrative
and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate
with JAMS and each other in scheduling the arbitration proceedings, and in selecting one
arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual
property and contract disputes. The arbitrator shall follow this Agreement and, to the extent
permitted by JAMS Rules, can award costs, fees, and expenses, including attorneys’ fees, to
the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief
benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by
such arbitrator may be entered in any court of competent jurisdiction.
9.3 Exceptions. You or GOH may assert claims, if they qualify, in small claims court in New
York County, New York or any U.S. county where you live or work. You or GOH may seek
injunctive relief from a court of competent jurisdiction in New York County, New York as
necessary to protect the intellectual property rights of you or GOH pending the completion of
arbitration. GOH may take action in court or arbitration to collect any fees or recover
damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use
of our Platform or intellectual property. Nothing in this Section 9 shall diminish GOH’s right to
modify, suspend or terminate your account or access to our Platform under Section 2.2.
9.4 Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing
us at arbitration-opt-out@GOH.com within 30 days of the date you first agree to this
Agreement. Your email must include your full name, residential address, the email address
registered to your GOH account, and a clear statement that you want to opt out of
arbitration. If you opt out according to this process, then Section 9.2 of this Agreement does
not apply to you. This opt-out does not affect any other sections of this Agreement, such as
Sections 9.3 (Exceptions), 9.5 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial
Forum), and 11.7 (Time for Filing).
9.5 Class Action Waiver. You agree to resolve disputes with GOH on an individual basis.
You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or
representative action. You are expressly waiving any right to participate in class actions,
class arbitrations, private attorney general actions, and consolidation with other arbitrations.
9.6 Dispute Resolution Terms Applicable to Members Based in the EU. If you are a member
based in the European Union, the mandatory provisions of the law of the country in which
you are resident will apply. Nothing in this Agreement will affect your rights as a consumer to
rely on the mandatory provisions of the local law that applies. If you are based in the
European Union, the local laws in your European Union Member State may allow you to take
legal action against GOH in your Member State and to invoke certain local laws against
GOH. The European Commission provides for an online dispute resolution platform.
10 .Intellectual Property
Summary: If you use GOH’s trademark, be sure to follow our Trademark Usage Guidelines.
Also, don’t infringe on anyone’s intellectual property. If you believe your intellectual property
is being infringed somewhere on the GOH Platform, please follow the procedures in our
Intellectual Property Dispute Policies.
10.1 Intellectual Property of GOH. GOH trademarks, logos, service marks, and service
names are the intellectual property of GOH. Our Trademark Usage Guidelines explain how
you may and may not use them. Our Platform, including our material on the Platform, are
also our or our licensors’ intellectual property. Except as described in the Trademark Usage
Guidelines, you agree not to use our intellectual property without our prior written consent.
10.2 Intellectual Property of Others. GOH respects the intellectual property of others, and we
expect our members to do the same. We may, in appropriate circumstances and in our
discretion, remove or disable access to material that we believe may infringe on the
intellectual property rights of others. We may also restrict or terminate access to our Platform
to those who we believe to be repeat infringers. If you believe your intellectual property rights
have been violated, please review our Intellectual Property Dispute Policies.
11 .General Terms
Summary: This section contains terms we have added for miscellaneous purposes. Please
continue to read this section carefully.
11.1 Translation. This Agreement was written in English. It was then translated into other
languages. If there is any inconsistency between the English version and a translated
version, the English language version controls .
11.2 Notices. Except as otherwise stated in this Agreement or as expressly required by law,
any notice to us shall be given by certified postal mail to GOH, Inc., Attn: Legal Department,
632 Broadway, 10th Floor, New York, NY 10012, or by email to legal@GOH.com. Any notice
to you shall be given to the most current email address in your account.
11.3 Entire Agreement. This Agreement, including the Usage and Content Policies, Groups
and Events Policies, Organizer and Leadership Standards, Member Restrictions, Intellectual
Property Policies, Trademark Usage Guidelines, and API License Terms, constitutes the
entire agreement between you and GOH, superseding any prior agreements between you
and GOH on such subject matter.
11.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-
franchisee relationship between you and GOH is intended or created by this Agreement. A
member of the GOH Platform is not GOH's representative or agent, and may not enter into
an agreement on GOH’s behalf.
11.5 Governing Law. This Agreement and the relationship between you and GOH shall be
governed by the laws of the State of New York without regard to its conflict of laws
provisions, except as provided in Section 9.
11.6 Judicial Forum. If our agreement to arbitrate is found not to apply to you or your claim,
or if you opt out of arbitration pursuant to Section 9.4, you and GOH agree that any judicial
proceedings (other than small claims actions) must be brought exclusively in the federal or
state courts located in New York County, New York, and you and GOH agree to venue and
personal jurisdiction in those courts.
If you are a member based in the European Union, you may bring judicial proceedings
against us arising from or in connection with this Agreement in your country of residence. In
addition, for members based in the European Union, the European Commission provides for
an online dispute resolution platform.
11.7 Time for Filing. Any claim not subject to arbitration must be commenced within one year
after the date the party asserting the claim first knows or should know of the act, omission or
default giving rise to the claim, or the shortest time period permitted by applicable law. This
clause does not apply to you if you are based in the European Union.
11.8 Assignment. This Agreement is not assignable, transferable, or sublicensable by you
except with GOH’s prior written consent, but may be assigned or transferred by us to our
corporate parent or any affiliate or subsidiary, or in connection with a merger, acquisition,
corporate reorganization, sale of all or substantially all of GOH’s assets, or similar
transaction.
11.9 No Waiver. A party’s failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision and does not waive any
right to act with respect to subsequent or similar breaches.
11.10 Severance. If any provision of this Agreement is found to be invalid by a court of
competent jurisdiction, you and GOH nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and that the other provisions
of this Agreement will remain in full force and effect.
11.11 Thank you. Please accept our wholehearted thanks for reading our Terms of Service.
11.12 Termination. If we terminate your account or access to our Platform, this Agreement
terminates with respect to the member account that has been terminated, provided that the
provisions listed in Section 11.13 will survive such termination.
11.13 Survival. Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You),
4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of
Liability), 9 (Dispute Resolution), and 11 (General Terms) of this Agreement, and any other
provisions necessary to give effect to these provisions, shall survive any termination or
expiration of this Agreement.
11.14 Titles. The section titles in this Agreement are for convenience only and have no legal
or contractual effect. The information in “Terms of Service Overview” section and in the
“Tips” and “Summary” sections is also for convenience only and has no legal or contractual
effect.
11.15 Violations. Please report any violations of this Agreement by a member or third party
by sending an email to abuse@GOH.com