Revised: May 25, 2018
REGISTRATION AND USE OF SERVICE
- ACCEPTANCE OF TERMS
- DESCRIPTION OF SERVICE
GoEnnounce offers a service known as goennounce.com (the “Service”), accessible at http://www.goennounce.com, that allows, among other things: (a) individuals to create a Student Page portfolio profile, a Teacher Page portfolio profile, a Follower account or other personal profile; (b) individuals to post e-nnouncements or updates, tracking academic and extracurricular accomplishments and goals on their Student or Teacher Page profiles (c) individuals to send electronic notifications of e-nnouncements to their Followers; (d) recipients of e-nnouncements (Followers) or visitors to a Student Page to like, post comments, and send monetary REWARD gifts to congratulate e-nnouncements; (e) individuals to create and post fundraising Missions and collect & raise funds to support those missions; (f) individuals (Student Page visitors and Followers) to send monetary donations to fundraising Missions or monetary rewards to congratulate e-nnouncements; (g) individuals to take online classes available in Go Classes to learn new skills and earn micro-credential badges, (h) individuals to apply and have their Student Page considered for exclusive scholarships or initiatives available in Go Opportunties (the “Service”).
You acknowledge that in a case when a 3rd party, such a school or district, has licensed use of the Service for an individual, not all aspects of the Service may be enabled for all users. The licensee may have turned off access to various features, services and/or 3rd party sites for users.
You agree that the Service may include links to 3rd party sites or services that we believe may be of interest to you. These include:
- Go Classes:
- We provide access to content, lessons and courses available in Go Classes. Currently Go Classes offers 1 online class to get certified in digital citizenship by GoEnnounce. Licensees of the Student Page profile, i.e schools & districts may elect to purchase and provide access to courses for students, turn access to courses off for students, or allow students to see available courses and purchase access themselves.
- Digital Citizen is an online competency-based course designed to sharpen your digital citizenship skills. You work through the course on your time frame and stop and start as needed. 6 lesson topics include digital footprints, digital health and wellness, cyberbullying, safe use of social media, digital etiquette, literacy & communication. Lessons include video content, quizzes and assessments. Lessons also include links to outside 3rd party content, articles and video to learn more.
- Upon completion, GoEnnounce will evaluate your online assessments and you appear anonymous to during this evaluation stage. Evaluators only see the content of the assessments and elect to notify the you anonymously with feedback to re-do an assessment or award your digital micro-credential badge—right to your GoEnnounce Student Page. Visitors to your Student Page profile can click on the micro-credential badge to see the course requirements.
- Go Opportunities: Brand sponsored scholarships or initiatives, Students may opt in to being considered for possible scholarships or other rewards based on criteria established by our partners. GoEnnounce does not currently offer any sponsored scholarships or initiatives.
Your personal information is not exchanged with the brand when opting in to these initiatives, you are just authorizing GoEnnounce as the Service to review your activity on behalf of the brand to determine if you are eligible for the award. At anytime we may add additional scholarships and intiatives that may be sponsored by 3rd party brands to Go Opportunities.
You must elect to opt in to every Go Opportunity individually, by selecting Apply, per above, to be considered. We may direct you to content, like the above link, from a third party brand (the sponsor) hosted on the GoEnnounce blog, a GoEnnounce landing page or third party brand’s site to explain the content & activity criteria to posted on your Student Page the brand considers from you to be eligible. Please note that the brand may ask you to post personal information about recent accomplishments, interests or goals on your GoEnnounce Student Page, and you will need to decide if it is appropriate to post this activity to your GoEnnounce Student Page.
The Service will handle all communication with you if you become the recipient of the award. Your personal information will not be shared with the brand upon receiving the award, however, GoEnnounce and the brand may share your Student Page (if your privacy settings are set to public) on their respective social media channels and blogs, acknowledging you are the recipient of the award. While we seek to work with partners we think our users would be interested in, we can’t take responsibility for determining if any given partner’s offer is appropriate for you. We can disable a student’s access to “Apply”, access and view Go Opportunities if the licensee of the Student Page, i.e the school or district, would like us to.
- MY FUNDS - We do link to Stripe to allow you the ability to open financial services accounts with Stripe - https://stripe.com/us/legal to accept REWARD payments and MISSION donations (see Paragraph 16 and 17 for details). An adult, over 18, must consent to the terms of service and privacy policies of all financial services accounts.
You also agree that the Service may include certain communications from GoEnnounce, such as service announcements, administrative messages and GoEnnounce newsletters which may reference 3rd party sites or services.
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
- You may browse the Service without registration, but you understand that some features of the Service may not be accessible to you unless you register. In registering for the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, including a certification that you are over the age of 13 (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will provide an email or username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) notify GoEnnounce immediately of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
- Membership Subscription
It is free to register for an account on the Service. However, to utilize all features requires an annual member subscription fee. Users can individually pay this subscription fee to activate their membership in the Go Subscription tab in Edit Profile. The yearly member subscription fee is $4.50 plus taxes and fees. Schools and districts can also license the Service for users by paying a per student and/or per teacher, annual license fee. Schools are issued access codes or accounts are generated via rosters and/or Single Sign On services via access from 3rd parties such as Facebook, Google, or other educational Single Sign On services which a licensee (schools or districts) enable. When users register with an access code, rostered account or Signle Sign On service access provided by their school, the access code covers the member annual subscription fee cost.
Without a member subscription you can use the Profile builder tool to track & display your participation year after year, and build a Fundraising Mission for free. Upon purchase and activation of the member subscription fee the features available include but are not limited to: building a Student or Teacher Page portfolio profile where you can share & track academic and extracurriculuar e-nnouncement posts sharing goals and accomplishments, store & upload attachments to e-nnouncement posts, utilize the Followers tool to build a network around your education, apply for Go Opportunities scholarships and initiatives, take the online Go Classes to develop skills and earn micro-credential badges.
- MEMBER CONDUCT
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not GoEnnounce, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. GoEnnounce does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
- You agree not to use the Service to:
- upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a GoEnnounce representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
- upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
- stalk or otherwise harass another person or entity; or
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your Service account), use of the Service or access to the Service.
- You acknowledge that GoEnnounce may or may not pre-screen Content, but that GoEnnounce and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove any Content that is available via the Service. Without limiting the foregoing, GoEnnounce and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including, but not limited to, any reliance on the accuracy, completeness or usefulness of such Content.
- The Service permits you to participate in interactive discussions, post comments, opportunities or other content to a personal profile, your Student Page profile, Teacher Page profile, our networking feeds, or otherwise engage in networking activities. You acknowledge these services are moderated for safety and content approval in order to assure you are not violating content referenced in in section 6 (b).
GoEnnounce does have filters in place on posting and commenting features which are intended to block contact information exchange and other inappropriate content that violates these Terms of Service. For example, if a user in an e-nnouncement post or comment attempts to share personal contact information such as phone numbers or email addresses filters are intended to block this from occurring. If something is missed in our automatic filters and found by a moderator to be inappropriate contact information exchange, the contact information, post or comment will be removed. GoEnnounce does not control the content that users post to these settings. You should carefully consider whether you wish to submit personal information in these settings, such as location or contact information, and you should tailor any content you submit appropriately and in accordance with the relevant Terms of Service.
To protect all of our users and their user experience, GoEnnounce also has filters in place that block the usage of inappropriate language and behavior. Certain words and phrases will be blocked from e-nnouncement posts and comments. If you try to post something with a word or phrase that is blocked you will receive an error message and be asked to adjust your post. If something is missed in our filters and a moderator later finds a comment or post to contain inappropriate behavior, language, files or photos, i.e profane, offensive, bullying, violent, etc. it will be removed. GoEnnounce will make best attempts to remove content deemed in violation of our Terms of Service within 48 hours. In the case of content removal, the user is notified why his/her content was removed and so is the appropriate teacher or administrator of the school/district who licensed the child’s use of the account.
- You acknowledge, consent and agree that GoEnnounce may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of GoEnnounce, its users and the public; or (f) share violations of Terms of Service with the school or district who licensed use of the product for you to protect our operations or users.
- You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- RIGHTS TO CONTENT
GoEnnounce does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant GoEnnounce a perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Service, and you acknowledge that such Content shall be accessible to the general public, including, but not limited to, Internet search engines and indexing services, depending on your Privacy Settings.
Users can elect to not have their profile, posts , uploads such as files and photos available to search engines and fees in their Privacy Settings. GoEnnounce aims to celebrate student achievement! Occasionally, we like to recognize student achievement on our blog or social media such as students on GoEnnounce who are recipients of Go Opportunities. If students are awarded a Go Opportunity, elect a “public” profile GoEnnounce may reach out to the user to feature a student’s profile, e-nnouncements & accomplishments, fundraising Missions in newsletters or blogs sharing & congratulating various student achievements. GoEnnounce will not reference a Student or Teacher Page profile, users’ e-nnouncements, or fundraising Missions in blogs, newsletters, or other social media without written permission from the user and licensee such as school or district if the Service and profile page was licensed for use by an entity such as a school or district.
You agree to indemnify and hold GoEnnounce and its subsidiaries, affiliates, officers, agents, employees, partners, licensors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your connection to the Service; (d) your violation of the TOU; or (e) your violation of any rights of another party.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GoEnnounce may establish general practices and limits concerning use of the Service, including, but not limited to, the maximum number of days that e-nnouncements, e-mail messages, message board postings or other Content will be retained by the Service, the maximum number of e-nnouncements and e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-nnouncement or e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GoEnnounce's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GoEnnounce has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GoEnnounce reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GoEnnounce reserves the right to modify these general practices and limits from time to time.
- MODIFICATIONS TO SERVICE
GoEnnounce reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GoEnnounce shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- You agree that GoEnnounce may, under certain circumstances and without prior notice, immediately terminate your Service account and access to the Service. Cause for such termination shall include, but not be limited to: (1) breaches or violations of the TOU or other incorporated agreements or guidelines; (2) requests by law enforcement or other government agencies; (3) a request by you (e.g., self-initiated account deletions); (4) discontinuance or material modification to the Service (or any part thereof); (5) unexpected technical or security issues or problems; (6) extended periods of inactivity; or (7) engagement by you in fraudulent or illegal activities.
- Termination of your Service account may include: (1) removal of access to all offerings within the Service: (2) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); or (3) barring of further use of the Service.
- You agree that all terminations for cause shall be made in GoEnnounce's sole discretion and that GoEnnounce shall not be liable to you or any third party for any termination of your account or access to the Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GoEnnounce shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties (such as other users) may provide, links to other World Wide Web sites or resources. Because GoEnnounce has no control over such sites and resources, you acknowledge and agree that GoEnnounce is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GoEnnounce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. GoEnnounce will make best attempts to remove content deemed in violation of our Terms of Service, which includes links to outside sites and resources, within 48 hours.
- GoEnnounce'S PROPRIETARY RIGHTS
- You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GoEnnounce or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- GoEnnounce grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software as necessary to access the Service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GoEnnounce for use in accessing the Service.
- The GoEnnounce and goennounce.com names and logos are trademarks and services marks of GoEnnounce (the “GoEnnounce Marks”). You agree not to display or use in any manner any GoEnnounce Mark without GoEnnounce’s prior written consent.
SENDING and Receiving MONETARY GIFTS – “REWARDS”
- Sending Monetary Gifts/”REWARDS”
- You may not send monetary gifts/”rewards” using the Service unless you are over the age of 18. By using the Service to send a monetary gift, you agree to be bound by the TOU.
- Monetary gifts/”rewards” must be sent through Stripe and your use of Stripe is subject to its Services Agreement - https://stripe.com/us/legal. Stripe imposes fees for each transaction. The recipient of the “reward” will be subject to Stripe’s per transaction fee of 2.9% + 30¢ prior to disbursement. For example, if you give a $10 “reward”, the recipient will receive a 2.9% (29¢) + 30¢ deduction, a total of 59¢ deduction, to cover Stripe’s transaction fee, prior to disbursement.
- All monetary gifts/”rewards” sent using the Service are additionally subject to the assessment of a $3 processing fee that is deducted from the recipient’s “reward” amount by GoEnnounce “reward” recipients will have a $3 deduction, in addition to the Stripe transaction fee, for every “reward” disbursed.
- Monetary gifts/”rewards” may be subject to dollar limits as determined by us or our banks and service providers. We reserve the right to refuse to process your order for any reason, with or without cause, except as required by applicable law.
- Receiving Monetary Gifts/”rewards”
- You must register for a Stripe service account and activate your “MY FUNDS” service in order to receive a monetary gift/”reward”.
- Monetary gifts/”rewards” may only be received and disbursed through Stripe, and your use of Stripe is subject to its Services Agreement - https://stripe.com/us/legal. Stripe imposes fees for each transaction. Disbursement of ”rewards” are subject to Stripe’s per transaction fee of 2.9% + 30¢. This will be deducted from the dollar amount of the “reward” sent. For example, if you are sent a $10 “reward”, Stripe will deduct 2.9% (29¢) + 30¢, a total of 59¢, to cover Stripe’s transaction fee, prior to deposit into your Stripe account. Stripe may change their processing fees at anytime and the current Stripe fees can be found https://stripe.com/us/pricing . Stripe also imposes fees for Disputed funds such as chargebacks (when a monetary gift giver disputes or denies the “reward” with his or her bank for example) which incur a fee. Details on fees associated Disputes can be found here https://stripe.com/docs/disputes
- Disbursements are additionally subject to the assessment of a $3 processing fee that is deducted from the “reward” amount by GoEnnounce. Prior to deposit into your Stripe account, a $3 deduction, in addition to the Stripe transaction fee, will occur for every “reward”.
- Once you activate your member subscription, there is no charge on GoEnnounce to enable your account to receive monetary gift/”rewards”.
- Funding for fundraising Missions
- You may use the Service to create fundraising Missions and ask others to send monetary donations to support your Missions. You must register for a Stripe service account and activate your “MY FUNDS” service in order to receive a monetary donation. In setting up a Mission, you will specify the amount needed and the time period for raising funds for the Mission.
- You will receive any funds raised and they will be deposited directly into your Stripe account as you receive them. You do not have to wait until your fundraising Mission time period is over to access your funds. You have immediate access to your funds in your Stripe account.
- Donations to fundraising Missions can only be received and disbursed through Stripe, and your use of Stripe is subject to its Services Agreement - https://stripe.com/us/legal. Stripe imposes fees for each transaction. Prior to each donation being deposited into your Stripe account it is subject to Stripe’s per transaction fee of 2.9% + 30¢. This will be deducted from the dollar amount of the donation given through the Service. For example, if you are sent a $10 donation, Stripe will deduct 2.9% (29¢) + 30¢, a total of 59¢, to cover Stripe’s transaction fee, prior to deposit into your Stripe account. Stripe may change their processing fees at anytime and the current Stripe fees can be found https://stripe.com/us/pricing . Stripe also imposes fees for Disputed funds such as chargebacks (when a donor disputes or denies the donation with his or her bank for example) which incur a fee. Details on fees associated Disputes can be found here https://stripe.com/docs/disputes
- Donations to your fundraising Mission are additionally subject to the assessment of a 3.5% per transaction fee from GoEnnounce. A 3.5% processing fee will be deducted from all donations as they come in by GoEnnounce. This will be deducted from the dollar amount of the donation given through the Service. For example, if you receive a $10 donation, 59¢ will be deducted for Stripe’s transaction fee per Paragraph 16c, and another 35¢ will be deducted by GoEnnounce as a processing fee, prior to deposit into your Stripe account.
- It is free to create a Mission on the Service. If you don’t receive any donations you are never charged. These fees are only deducted from each donation as they come in.
All transactions entered into in connection with the Service shall be processed in U.S. dollars. You agree that you shall solely be responsible for any currency conversion fees assessed by your credit card issuer, your bank or any other payment processing service you use in connection with the Service.
- DISCLAIMER OF WARRANTIES
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY PRODUCTS OFFERED OR SOLD ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOENNOUNCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS AND ASSIGNS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- GOENNOUNCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS AND ASSIGNS MAKE NO WARRANTY THAT (1) THE SERVICE AND THE PRODUCTS OFFERED OR SOLD ON IT WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE PRODUCTS OFFERED OR SOLD ON IT WILL BE ACCURATE OR RELIABLE; (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED, PURCHASED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR PURCHASE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY
- YOU UNDERSTAND AND AGREE THAT GOENNOUNCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOENNOUNCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCTS OFFERED OR SOLD ON IT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE INCLUDING THE CARD-ISSUING BANK; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
- YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL GOENNOUNCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
- YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS" AND THAT GOENNOUNCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
- COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT/DMCA Compliance
- GoEnnounce respects the intellectual property of others, and we ask our users to do the same. GoEnnounce may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers.
- If you believe that your work has been made available on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated in connection with the Service, please provide GoEnnounce's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located within the Service;
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- GoEnnounce's Agent for Notice of Claims of copyright or other intellectual property infringement can be reached as follows:
Attention: Agent for Notice of Claims
704 Goodlette Rd. N.
Naples, FL 34102
- GENERAL PROVISIONS
- Entire Agreement. The TOU constitutes the entire agreement between you and GoEnnounce and governs your use of the Service, superseding any prior agreements between you and GoEnnounce with respect to the Service.
- Choice of Law and Forum. The TOU and the relationship between you and GoEnnounce shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Lee in the State of Florida with respect to any claims arising from the TOU or your use of the Service. The relationship between you and any bank that issues a gift card in connection with the Service will be governed by the laws and the dispute resolution procedures specified in the Card Terms and Conditions.
- Waiver and Severability. The failure of GoEnnounce to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.