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GOCHIME TERMS OF SERVICES

Effective as of JANUARY 1, 2015.

1. CONTRACTUAL RELATIONSHIP

These Terms of Services ("Terms") govern the access or use by you, of the websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by GoChime, Inc., and its parents, subsidiaries and affiliates (collectively, "GoChime"). In this agreement, the words "including" and "include" mean "including, but not limited to."

Your access and use of the Services constitutes your agreement that you have read, understood and agree to be bound by these Terms, which establishes a contractual relationship between you and GoChime. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements between you and GoChime. GoChime may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason or no reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict.

GoChime may amend the Terms related to the Services from time to time. Amendments will be effective upon GoChime posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in our Privacy Policy located at https://www.gochime.com/legal/privacy.

2. THE SERVICES

The Services include the GoChime website, the GoChime software, and the other services provided to you through the GoChime website, application, platform and/or software, based on the type of plan purchased, including all software, data, text, images, sounds, videos, and other content made available through the Services (collectively, “Content”). Any new features added to or augmenting the Services are subject to these Terms. From time-to-time, GoChime may offer its customers a free trial for a specified time period. Your use of the Services during the free trial period is subject to these Terms. Upon expiration of the trial period, your access to the Service will be terminated unless you choose to pay the applicable subscription fee and become a subscriber. You understand that you are only entitled to one free trial account.

3. LICENSE

Subject to your compliance with these Terms, GoChime grants you a limited, non-exclusive, non- sublicensable, revocable, and non-transferrable license to: (i) access and use the Services; and (ii) access the content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by GoChime and GoChime’s respective licensors.

4. RESTRICTIONS

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted by GoChime; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services, or the their respective related systems or networks. The Services and all rights therein are and shall remain GoChime property or the property of GoChime’s licensors, as the case may be. Neither these Terms nor your use of the Services convey or grant to you any rights: (a) in or related to the Services or the application except for the limited license granted above; or (b) to use or reference in any manner GoChime's company names, logos, product and service names, trademarks or services marks or those of GoChime's licensor.

5. THIRD-PARTY SERVICES AND CONTENT

The Services may be made available or accessed through third-party services and content (including advertising) that GoChime does not control (“Third-Party Services”). You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services. GoChime does not endorse such third party services and in no event shall GoChime be responsible or liable for any products or services of such third party providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDER(S). GoChime makes no effort to review any of your third party agreements for any purpose, including but not limited to, for accuracy, legality or non-infringement, and GoChime is not responsible for any third party content or agreements. If you decide to access and use such Third-Party Services, you are advised that your use of such Third-Party Services is governed solely by the terms and conditions of such Third-Party Services. GoChime does not endorse, are not responsible for, and make no representations as to such Third-Party Services, their content or the manner in which they handle your data and/or information. GoChime is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Third-Party Services, or your reliance on the privacy practices or other policies of such Third-Party Services.

The Services may also contain features that enable various Third-Party Services (such as social media services like Facebook) to be directly integrated into your GoChime account. To take advantage of these features, you will be required to register for or log into such Third-Party Services on their respective websites. By enabling third party services within the Service, you are allowing GoChime to pass your log-in information to these Third-Party Services for this purpose.

6. USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18) to obtain an Account. Account registration requires you to submit to GoChime certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or may result in GoChime’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by GoChime in writing, you may only sign up for, and possess, one Account. You understand and agree that GoChime shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your Account. You are solely responsible for maintaining the security of your Account and maintaining settings that reflect your preferences. We will assume that anyone using your Account or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your Account.

7. USER REQUIREMENTS AND CONDUCT

The Service are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive the Services, unless you are the individual’s parent or legal guardian. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws, rules and regulations when using the Services and you may only use the Services for lawful purposes. GoChime may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity. In additional, GoChime may deny provision of the services in its sole discretion, for any, or no reason.

8. BILLING AND PAYMENT

Pay-As-You-Go: Unless otherwise agreed to in writing by GoChime, the Services are made available on a pay-as-you-go basis and are charged at the start of your elected subscription term (generally monthly or annually). If you do not provide your credit card or other payment information to GoChime before the expiration of any applicable free trial period, your account will be suspended until payment information and charge authorization are provided. Your subscription will renew automatically based on your plan’s renewal cycle, unless otherwise agreed to in writing.

Modification of Plan: If you choose to upgrade your plan or number of users during your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to your account. You will be charged the adjusted rate on your next billing cycle. If your payments for the Service are made by credit card, your credit card will be billed the prorated charge at the time your account is modified. There are no refunds or credits for partial months of Services, plan downgrades, or refunds for unused time if you close your account before the end of your subscription period. Downgrading your plan level may cause the loss of content, features, or capacity of your account and GoChime does not accept any liability for such loss.

Credit Card Authorization. By becoming a subscriber of the Services and submitting your credit card information to GoChime, you authorize GoChime to store your payment credit card information and to charge the billing source you have provided for your account according to the subscription plan you selected until your account is terminated.

Overdue Charges. If you fail to pay your subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information, your entire subscription may be suspended or cancelled. Even after your subscription is suspended or cancelled, you may be able to access your Account information to restore your access to the Services by providing a proper billing source. If your Account is terminated or cancelled, GoChime reserves the right to remove all your settings and Content from the servers and Services with no liability or notice to you.

Payment Processors: GoChime uses a third-party payment processor, STRIPE, to process payments from your use and payment for our Services. We do not control the collection of information by at the following website www.stripe.com.

Taxes. Unless otherwise stated, the Services fees and charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against GoChime based on its income. GoChime will invoice you for such Taxes if we believe we have a legal obligation to do so.

9. USER PROVIDED CONTENT

GoChime may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to GoChime through the Services, textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("Your Content"). Any of Your Content provided by you remains your property. However, by providing Your Content to GoChime, you grant GoChime a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any Your Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services, and GoChime’s business and on third- party sites and services), without further notice to, or consent from, you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all of Your Content or you have all rights, licenses, consents and releases necessary to grant GoChime the license to Your Content as set forth above; and (ii) neither Your Content nor your submission, uploading, publishing or otherwise making available of Your Content nor GoChime's use of Your Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide Your Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by GoChime in its sole discretion, whether or not such material may be protected by law. GoChime may, but shall not be obligated to, review, monitor, or remove Your Content, at GoChime's sole discretion, and at any time and for any reason, or no reason, without notice to you.

10. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. GoChime does not guarantee Services, or any portion thereof, will function on any particular hardware or devices. In addition, Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

11. DATA PRIVACY & SECURITY

In providing you the Services GoChime shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data and the personal data of your end-users. These safeguards may encryption of your data in transmission (using SSL or similar technologies), except for external third party integrations that do not support encryption, which you may link to the Services at our choice. We agree to promptly notify you in the event that GoChime learns or has reason to believe that any person or entity has breached GoChime measures, or gained unauthorized access to your data (“Information Security Breach”). Upon any such discovery, GoChime will: (a) investigate, and mitigate the effects of the Information Security Breach, (b) use our best efforts to ensure that such Information Security Breach will not recur, and (c) assist you in remediation of the Information Security Breach. We shall use commercially reasonable efforts to promptly and properly deal with inquiries and requests from you in relation to the processing of your data.

You hereby agree that GoChime can access your account information in order to respond to your service requests and/or as necessary, in GoChime’s sole discretion, to provide you with the Services. We will not disclose such data except if compelled by law, permitted by you, or pursuant to the terms of the GoChime Privacy Policy, which is available at www.GoChime.com and is incorporated into these Terms. GoChime agrees to store, use and process your business contact information, including names, business phone numbers, and business e-mail addresses only to the extent necessary to provide you the Services.

The Privacy Policy governs our treatment of any information, including personally identifiable information, you submit to us. Please note that certain information, statements, data, and content which you may submit to or through the Services may reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

12. GENERAL DISCLAIMERS

YOU ACKNOWLEDGE THAT GOCHIME DOES NOT WARRANT THAT INFORMATION OR ADVICE OBTAINED BY YOU FROM GOCHIME OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. GOCHIME DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN THE FUNCTIONING OF THE WEBSITE, OR SERVICES, EXCEPT AS OTHERWISE EXPRESSLY SETFORTH HEREIN. FURTHERMORE, GOCHIME DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICE OR ITS USE, LOSS OF PERSONAL CONTENT ON THE WEBSITE, LOST OR UNDELIVERABLE EMAIL, AND FOR ANY OTHER REASON.

GOCHIME provides the platform for the Services. GOCHIME does not control or vet user generated content for accuracy. Although, GoChime provides rules for user conduct and postings, GoChime does not control and is not responsible for users post, transmit or share on or through the GoChime website or any site linked to the Content or any other website (whether or not such content is published on or through the GoChime website). GoChime is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Services. GoChime is not responsible for the conduct, whether online or offline, of any user of the Services. Furthermore, GoChime is not responsible or liable in any manner for any third party applications, software, viruses, malware, Trojans, robots and similar devices that are uploaded or posted on the website or through the Services, or that are related to the use of the Services by third parties, or caused by any third parties’ use of the equipment or programming associated with or utilized in the Services.

YOU, AS THE USER OF THE SERVICES, ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THE SERVICES, INCLUDING THE INFORMATION PRESENTED THEREON. BY USING THE SERVICES YOU AGREE TO HOLD GOCHIME AND ITS SUBSIDIARIES AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, JUDGMENTS, LIABILITIES, EXPENSES AND DEMANDS OF ANY KIND OR NATURE WHATSOEVER RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION PROVIDED TO YOU. YOUR USE OR THE SERVICES OF GOCHIME ARE AT YOUR OWN RISK. GOCHIME WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF SERVICES AND PRODUCTS PROVIDED THROUGH THE SERVICES OR OTHERWISE.

13. DISCLAIMER OF WARRANTIES

The Services and the information, functions and materials therein are provided ‘AS IS’. GoChime makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GoChime does not warrant or make any representations concerning the accuracy, likely results, or reliability of (a) the use of the Services, or (b) any sites linked to or on the Services.

14. LIMITATION OF LIABILITY

In addition to, and in limitation of, any limitations of liability provided by law or this Agreement, in no event will GoChime, its suppliers or licensors, including, but not limited to, its and their respective equity owners, officers, members, shareholders, directors, heirs, assigns, successors, be liable with respect to any subject matter under this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for any special, incidental or consequential damages. The foregoing shall not apply to the extent prohibited by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF GOCHIME, ITS DIRECTORS, EMPLOYEES, MEMBERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, HEIR, SUCCESSORS AND/OR ASSIGNS, HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SERVICE, OR CONTENT THEREIN, IS EXPRESSLY LIMITED AS SET FORTH HEREIN, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF GOCHIME, DIRECTORS, EMPLOYEES, MEMBERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, HEIR, SUCCESSORS AND/OR ASSIGNS, (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO GOCHIME IN CONNECTION WITH THE SERVICES IN THE TWO MONTHS PRIOR TO THE ACTION GIVING RISE OR LIABILITY OR (ii) IN AGGREGATE TO ONE HUNDRED FIFTY US DOLLARS ($150.00).

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOCHIME, OR ITS DIRECTORS, EMPLOYEES, MEMBERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, HEIR, SUCCESSORS AND/OR ASSIGNS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT GOCHIME, DIRECTORS, EMPLOYEES, MEMBERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, HEIR, SUCCESSORS AND/OR ASSIGNS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SERVICE AND CONTENT FOR:
  • DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. INDEMNIFICATION

By entering into this Agreement and using the Services, you agree that you shall defend, indemnify and hold harmless GoChime, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, agents, successors and assigns from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of the Services arranged via the Services, (c) your use or misuse of the Services and/or (d) a claim made against GoChime by a third party alleging that Your Content infringes or misappropriates such third party's intellectual property rights.

16. INTEGRATION AND SEVERABILITY

This Agreement applies to all current features and to new features that are added to the existing Services. This Agreement and the Privacy Policy are the entire agreement between you and GoChime with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GoChime (including, but not limited to, any prior versions of this Agreement).

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of GoChime to enforce any right or provisions of this Agreement will not be deemed a waiver of such right or provision. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

17. MISCELLENEOUS

We will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. This Agreement is personal to you, and is not assignable, transferable or sub licensable by you except with GoChime’s prior written consent. GoChime may assign, transfer or delegate any of its rights and obligations hereunder without your approval or consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

18. INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATON PROCESS

We respect the intellectual property (IP) rights of others, and we expect users of our Services to do the same. We will respond to notices of alleged IP infringement that comply with applicable law. For example, we respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Copyright Act.

If you believe that your content or information has been copied in a way that constitutes copyright, trademark, and/or patent infringement, please provide us with the following information: (i) a physical or electronic signature of the IP owner or a person authorized to act on their behalf; (ii) identification of the protected work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the IP’s owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the IP owner.

We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion. Our designated agent for notices of alleged IP infringement appearing on or through the Services is:

GoChime, Inc.

175 Varick Street,

Fourth Floor

New York, NY 10014

Email: support@gochime.com

19. Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the any portion of the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

20. CANCELLATION AND TERMINATION

You may cancel your account with GoChime at any time; however, unless GoChime is in breach of this agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. GoChime may suspend or cancel your account without notice or refund to you if you violate this agreement. If your account is cancelled, GoChime reserves the right to remove your account information along with any account settings from our servers with no liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If you cancel the Services before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged for the next period.

GoChime reserves the right to modify or discontinue, temporarily or permanently, the Services, or any part thereof, and/or to refuse any and all current and future use of the Services, suspend or terminate your account or any part thereof, or your use of the Services. Any suspected fraudulent, abusive, criminal or illegal activity may be grounds for immediate termination of your use of the Services, and may be referred to law enforcement authorities. GoChime shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.

21. LIMITATION ON TIMER TO COMMENCE ACTION, GOVERNING LAW, VENUE, JURISDICTION & ARBITRATION

You agree that any cause of action arising out of or related to these Terms, Services or must commence by you within one (1) year after the cause of action arose; otherwise, your ability to bring any case or cause or action against GoChime shall be permanently barred. Nothing herein shall be deemed to limit the period during which GoChime may bring any cause of action arising out of this Agreement against you. These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict of law provisions. This Agreement shall inure to the benefit of each party and its successors, assigns and agents. GoChime may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice or to any other entity upon prior written notice to you.

Binding Arbitration. Any dispute or claim between you and GoChime, arising out of, or relating in any way to, the Terms, or your use of the Services (“Dispute”) shall be resolved exclusively by final, binding arbitration. By virtue of this Agreement you and GoChime are each giving up the right to go to court and have any Dispute heard by a judge or jury. The provisions of this Section 21 shall constitute your and GoChime’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Agreement”). Any modification to this Agreement shall be in writing and signed by you and GoChime. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All arbitrations are to be conducted in New York County, State of New York.

No Class Action Matters. You and GoChime expressly agree that each shall bring any dispute, in any amount, against the other, in each other’s respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that all disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

22. WAIVER

Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of GoChime.

23. SEVERABILITY

If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.

24. CONTACT

You may contact GoChime at Support@GoChime.com