Consumer Terms of Use

Effective Date: September 11, 2012

Last Updated Date: September 11, 2012

I. Introduction and Eligibility

Please read these Consumer Terms of Use (“Terms”) carefully before using the GoPago Service.

These Terms include GoPago’s Privacy Policy (http://www.gopago.com/privacy/), which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

GoPago’s Consumer Terms of Use is a legally binding agreement. As GoPago evolves and improves, we may make changes to these Terms. When we make changes, we’ll let you know on our homepage and via the tablet that we lend you.

Binding Agreement.These Terms constitute a binding agreement between you (“you”) and GoPago Inc. and its affiliates and subsidiaries (“GoPago,” “we,” “us”). You must accept these terms in order to register to use the GoPago Service. In addition, you accept these Terms each time you access the GoPago Service. If you are accepting these terms on behalf of another person or a company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms. If you do not accept these Terms, you must not use the GoPago Service.

Revisions to Terms.We may revise these Terms at any time by posting an updated version to our web page or our mobile applications. You should visit this page (http://gopago.com/terms-conditions/) periodically to review the most current Terms, because you are bound by them. Your continued use of the GoPago Service after a change to these Terms constitutes your binding acceptance of these Terms.

Children. No part of the GoPago Service is directed to persons under the age of 13. If you are between 13 and 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the GoPago Service.

The terms “post” or “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the GoPago Service.

II. The GoPago Service

The GoPago Service is defined as any website, software, mobile application, or Internet service under GoPago’s control, whether partial or otherwise, in connection with providing the services provided by GoPago. The GoPago Service provides a platform for you browse, order and pay for certain goods and services from participating third party merchants using a smartphone, tablet or other compatible mobile device.

III. Communications

GoPago may communicate with you by email or posting notice on the GoPago homepage. You may request that we provide notice of any security breaches in writing.

You agree to receive email from us at the email address you provided to us for customer service related purposes.

Electronic Notices. By using the GoPago Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the GoPago Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the GoPago Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at info@gopago.com.

IV. Account Registration and How it Works

You have to register to use the GoPago Service. Once you register, you will be able to use the GoPago Service to buy stuff from participating merchants.

Registration Process. The first step to using the GoPago Service is to create a GoPago account (“Account”) by downloading the GoPago mobile application and registering via the application. During the registration process we will ask you for your name, mobile phone number, date of birth, and to create a PIN. You must provide accurate and complete information in your registration application, and are solely responsible for the security and privacy of your PIN. We reserve the right to suspend or terminate your GoPago Account if you provide inaccurate, untrue, or incomplete information, or fail to comply with the account registration requirements. You must provide accurate and complete information in response to our questions, and also must keep the information that you provide up-to-date in the event of any changes.

Definition of Relationship and Authorization. As a merchant payment processor, GoPago processes payments you provide to merchants. This means that we collect, analyze and relay information generated in connection with these payments. By accepting these Terms, you authorize us to hold, receive, and disburse funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. Your authorizations will remain in full force and effect until your Account is closed or terminated.

Term and Termination. These Terms are effective on the Effective Date. You may terminate these Terms at any time by uninstalling our mobile applications and ceasing use of the GoPago Service All sections of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers, limitations of liability and any obligations to pay amounts accruing prior to the termination date.

V. GoPago’s Content Ownership and Use

GoPago owns all of the content we create, but you may use it while you use the GoPago Service. Don’t use our logo unless you have our written permission.

The contents of the GoPago Service include: designs, text, graphics, images, video, information, logos, button icons, software (including mobile applications and hosted software services), audio files, computer code, and other GoPago content (collectively, “GoPago Content”). All GoPago Content and the compilation (meaning the collection, arrangement, and assembly) of all GoPago Content are the property of GoPago or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the GoPago Content solely for the use of the GoPago Services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the GoPago Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original GoPago Content on any copy you make of the GoPago Content.

GoPago Marks. GoPago, the GoPago logo, and other GoPago logos and product and service names are or may be trademarks of GoPago (the “GoPago Marks”). You may not display or use the GoPago Marks in any manner without our prior written permission and may only display or use the GoPago Marks as solely enabled by any link as provided by us.

All GoPago Rights Reserved. You acknowledge that the GoPago Content license granted above confers no title or ownership and is not a sale of any rights in the GoPago Content. You also understand and agree that these Terms are not intended to confer, and do not confer, any rights or remedies on any person other than a non-exclusive, non-transferable, non-sublicensable, limited license. GoPago retains all intellectual property rights in the GoPago Service and GoPago Content, including, without limitation, all patent, copyright and trademark rights. All rights not expressly granted to you are reserved solely to GoPago. There are no implied licenses granted hereunder.

VI. Intellectual Property Rights and Your License to Use

You, or the people who allow you to use their content, own all of the content you post to the GoPago Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.

It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

GoPago Claims No Ownership. The GoPago Service may provide you with the ability to create or post content, including merchandise listings and menu pages (“Your User Content”). GoPago claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the GoPago Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

GoPago’s Use of Posted Content on the GoPago Service. By creating, posting, or sharing Your User Content on or through the GoPago Service, and subject to GoPago’s Privacy Policy, you grant GoPago a worldwide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content for any purpose, including for the purpose of promoting GoPago and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. GoPago will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the GoPago Service. GoPago reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the GoPago Service, any right, title, or interest in or to such content delivered via the GoPago Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the GoPago Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the GoPago Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the GoPago Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the GoPago Service.

The GoPago Service contains content from users and other GoPago licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the GoPago Service.

VII. User Content Disclaimers, Limitations, and Prohibitions

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by other users and third parties, including merchants. You accept that any reliance on material posted by third parties or third-party service providers will be at your own risk.

A. Prohibited GoPago Service Uses

Don’t do bad things with GoPago. Don’t do bad things to GoPago. Be courteous and treat others as you would like to be treated. Thank you kindly.

You agree to use the GoPago Service only for its intended purpose. You must use the GoPago Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the GoPago Service are prohibited. You may not:

Aggregate, copy, or duplicate any GoPago Content;
Use data mining, robots, or other data gathering devices on the GoPago Service;
Remove, disable, damage, circumvent, or otherwise interfere with the security of the GoPago Service;
Interfere or attempt to interfere with the proper working of the GoPago Service;
Attempt to gain or gain unauthorized access to the GoPago Service or computers linked to the GoPago Service;
Attempt to reverse engineer, or reverse engineer, the GoPago Service;
Frame or link to the GoPago Service without permission;
Attempt to or submit a virus to the GoPago Service;
Take any action imposing an unreasonable or disproportionately large load on GoPago’s infrastructure;
Attempt to or obtain unauthorized access to other users’ accounts;
Sell, transfer, or assign any of your rights to use the GoPago Service to a third party without our express written consent;
Use the GoPago Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to GoPago or others;
Use the GoPago Service in an illegal way or to commit an illegal act;
Access the GoPago Service from a jurisdiction where it is illegal, unauthorized, or penalized;
Post any libelous, defamatory, obscene, pornographic, abusive or otherwise illegal material; or
Use the GoPago Service to send spam, threats, profanity or hate speech, including any material that abuses or discriminates on the basis of race, religion, nationality, sexual preference, gender, age, etc.

VIII. Payments and Billing

You must pay for anything you buy through the GoPago Service. The merchant that you buy goods or services from is solely responsible for providing you with the goods or services you buy and for giving you refunds when applicable.

Fees. Each purchase you make through the GoPago Service is a binding commitment to purchase the goods or services you selected. You agree to pay the applicable charges for any orders you place through the GoPago Service. Our merchants reserve the right to change the amounts they charge for goods and services at any time. All balances and all Fees, charges, and payments collected or paid through the Service are denominated in US dollars.

Refunds and Returns. We are solely a facilitator of transactions. You acknowledge and agree that in the event of any dispute over a payment, the merchant who provided the applicable goods or services is solely responsible for providing you with any refunds that you may be owed.

IX. Consequences of Violating These Terms

If you violate these terms, we may refuse to provide the GoPago Service to you.

We reserve the right to suspend or terminate your GoPago Account and prevent access to the GoPago Service for any reason, at our discretion. We reserve the right to refuse to provide the GoPago Service to you in the future. Perpetual licenses granted by you to GoPago remain in full force and effect.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the GoPago Service.

X. GoPago’s Liability

We’re always working to improve GoPago services. As we grow we may make changes to the GoPago Service. These changes may occur at any time and without notice. We’ll try to keep you informed of any major changes in our development blog.

Changes to the GoPago Service. We may change, suspend, or discontinue any aspect of the GoPago Service at any time, including hours of operation or availability of the GoPago Service or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the GoPago Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release GoPago of all claims, demands, and damages in disputes among users of the GoPago Service. You also agree not to involve us in such disputes. Use caution and common sense when using the GoPago Service.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the GoPago Service, including inventory availability at local businesses. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the GoPago Service. Use the GoPago Service at your own risk.

Third-Party Websites. The GoPago Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

We make no promises and disclaim all liability of specific results from the use of the GoPago Service.

Released Parties Defined. “Released Parties” include GoPago and its affiliates, officers, employees, agents, partners, and licensors.

A. DISCLAIMER OF WARRANTIES

We are not responsible for anything GoPago users do when using the GoPago Service. You use the GoPago Service at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE GOPAGO SERVICE IS AT YOUR SOLE RISK, AND THE GOPAGO SERVICE AND GOPAGO CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY MERCHANTS OR RESULTS THAT MAY BE OBTAINED BY CONSUMERS THAT USE THE GOPAGO SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE GOPAGO SERVICE OR GOPAGO CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE GOPAGO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOPAGO SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU OBTAINED THROUGH THE GOPAGO SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE GOPAGO SERVICE OR GOPAGO CONTENT WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GOPAGO SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE GOPAGO SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE GOPAGO SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE GOPAGO SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE GOPAGO SERVICE, GOPAGO CONTENT, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOPAGO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON GOPAGO WEBSITES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY GOPAGO UNLESS SPECIFICALLY STATED OTHERWISE.

THE GOPAGO SERVICE IS CONTROLLED AND OPERATED FROM FACILITIES IN THE UNITED STATES. GOPAGO MAKES NO REPRESENTATIONS THAT THE GOPAGO SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE GOPAGO SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS. YOU MAY NOT USE THE GOPAGO SERVICE IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE UNITED STATES GOVERNMENT. UNLESS OTHERWISE EXPLICITLY STATED, ALL MATERIALS FOUND ON THE SERVICE ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES LOCATED IN THE UNITED STATES.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not responsible for any outcome of using the GoPago Service. If you use the GoPago Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES 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 GOPAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE GOPAGO SERVICE OR GOPAGO CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE GOPAGO SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE GOPAGO SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE GOPAGO SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE GOPAGO SERVICE OR YOUR USE OF GOPAGO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID (IF ANY) TO USE THE GOPAGO SERVICE, OR (B) $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (w) your use of the GoPago Service for unlawful purposes, (x) your use of or reliance on any GoPago Content, (y) your breach of these Terms, or (z) your violation of any rights of a third party. We shall provide notice to you promptly of any such claim, suit, or proceeding.

You acknowledge that any breach of these Terms by you would cause irreparable injury to GoPago for which monetary damages would not be an adequate remedy and, therefore, GoPago will be entitled to seek injunctive relief (including specific performance) in any court of competent jurisdiction.

XI. Copyright Policy

Let us know if you think a user has violated your copyright using the GoPago Service, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the GoPago Service infringe your copyright, you (or your agent) may send GoPago a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the GoPago Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GoPago to locate the material on the GoPago Service;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GoPago a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the GoPago Service should be sent to 44 Montgomery Street, Suite 250, San Francisco, CA 94104 or to info@gopago.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

XII. Suggestions and Submissions

GoPago welcomes your suggestions! If you’re happy, we’re happy. We have a suggestion box – suggestions@gopago.com. Use it, if you please! We disclaim: suggestions are anonymous and we may use them to improve GoPago services without notice, compensation, or attribution.

We appreciate hearing from our users and welcome your comments regarding the GoPago Service. Please be advised, however, that we do not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While we value your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send us creative ideas, we:

Shall own, exclusively, all now known or later discovered rights to the creative ideas;
Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

XIII. General Terms

These Terms constitute the entire agreement between you and GoPago concerning your use of the GoPago Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoPago without restriction. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XIV. Arbitration, Class Waiver, and Waiver of Jury Trial

We are located in San Francisco, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the GoPago Service.

These Terms and the relationship between you and GoPago shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and GoPago agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the GoPago Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco, California. You covenant not to sue GoPago in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Contact Information

GoPago Inc.
44 Montgomery Street
Suite 250
San Francisco, CA 94104

info@gopago.com