GoVideo and its subsidiaries and affiliates (collectively, “GoVideo”) provides: (1) a GoVideo user account website that may be accessed at GoVideo.com (and subdomains) (the “Site”) (2) any related software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”) and (3) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”). Some GoVideo products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Sites, Mobile Apps and Subscription Services.
These Terms of Service (“Terms”) govern your access to and use of the Services. Please read these terms carefully. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and GoVideo. These Terms give you legal rights. You may also have other legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACKNOWLEDGING THE AGREEMENT OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY (SUBJECT TO SECTION 1(b)(ii) BELOW) TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE, SUBJECT TO SECTION 1(b)(ii) BELOW, OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES.
You may use the Services only if you can form a binding contract with GoVideo (except subject to the provisions of clause (1)(b)(ii) below), and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. By using these services, you acknowledge and agree that you are at least 18 years of age or the age of majority in the location from where you access and sue the Services. If you are under the age of 18 but are at least 13 years old you agree that you are using the Services with the consent of your legal guardian. If you are not at least 13 years old, you may not use the Services at any time or in any manner. Any use or access to the Services by individuals under the age of 13 (or equivalent minimum age in the jurisdiction where you reside) is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by GoVideo.
Term and Termination
These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, GoVideo may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if GoVideo in good faith believes that you have used the Services in violation of these Terms, including any incorporated terms or rules. Upon termination of this Agreement, your right to use the Services will automatically terminate. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, governing law and jurisdiction and general provisions shall survive any termination of these Terms.
GoVideo reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that GoVideo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration page. You represent and warrant that: (1) all required registration information you submit is truthful and accurate and (2) your use of the Services does not violate any U.S. or other applicable law or regulation. As part of the registration process you will create a password that will allow you to log into the Services. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.
The individual who creates an Account is the “Owner” of that Account and is the Owner of the GoVideo Products associated with that Account and primary account holder. Individuals who are authorized to access an Owner’s Products and Services are “Authorized Users.” Authorized Users may have the ability to use the Services and monitor and control the Products. Authorized Users may also have the ability to view information (including personal information) and content across all of an Owner’s Products and Services with GoVideo connections. Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and Account. If you are an Owner who enables an Authorized User, you acknowledge and agree that such Authorized User may subsequently invite or enable other Authorized Users with the same access and ability to use your Products and Services set out above. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your Account, Products, and Services.
Access to Services
GoVideo provides content through the Services that is copyrighted and/or trademarked work of GoVideo or third-party licensors (collectively, the “Materials”). Subject to these Terms, GoVideo grants you a limited, personal, non-transferable, and non-exclusive right to use and access the Services for personal use.
The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) you agree not to copy, reproduce, distribute, republish, or transmit the Services in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to use, access (or attempt to access) any of the Services by means other than through a GoVideo device; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
GoVideo cares about the integrity and security of your personal information. However, despite taking reasonable steps, GoVideo cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information and use of the Services at your own risk.
Although the GoVideo Site is accessible worldwide, the Products and Services provided or accessed through or on the Site are not available to all persons or in all countries, including persons and countries prohibited by United States law. If you choose to access the Site from an unsupported country, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use in an unsupported country and some or all of the features of the Site may not work or be appropriate for use in such a country. You will be bound by these Terms wherever you access or use the Site or use the Services.
Agreed Limitations Of GoVideo Services
The Services are intended to be accessed and used for non-time-critical information and control of GoVideo Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond GoVideo’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that GoVideo is not responsible for any damages allegedly caused by the failure or delay of the Services.
You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third- party products or services are not certified for emergency response. GoVideo makes no warranty or representation that use of the Products or Services with any third-party product or service will affect or increase any level of safety. All life threatening and emergency events should be directed to the appropriate response services.
You are responsible for having all required software, hardware and other compatible elements for the Services. The Services will not be accessible without: (i) a working broadband internet connection and Wi-Fi network that is positioned to communicate reliably with the Products; (ii) an Account; and (iii) other hardware, software or equipment specified by GoVideo from time to time. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
Agreed Limitations On Use of Services and Products
All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which (or from whose account) such graphics, photographs, video, images and illustrations (“Content”) originated and GoVideo will not be liable for any errors or omissions in any Content. You warrant, represent and agree that you are the owner of all rights pertaining to the Content and that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (ii) is harmful, inaccurate, fraudulent, deceptive, threatening, pornographic, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise illegal or objectionable; (iv) impersonates any person or entity; (v) violates any age classification rules and requirements (including accurate and adequate classification and rating of any user Content) under the laws of any country, including the country in which you are a resident or from which you are using the Services, (vi) contains a virus or other harmful computer code, software, file, program or similar means and devices which could damage, harm, disable or otherwise impact or limit function and performance of the Services; or (vii) jeopardizes the security of your Account or anyone else’s account.
You agree to indemnify and hold harmless GoVideo and its officers, employees, affiliates, subsidiaries or agents as a result of any breach of your representations, covenants or obligations under these terms and conditions.
Limitations Of GoVideo Services Due to Third Parties.
The Services rely on or interoperate with third party products and services. These third party products and services are beyond GoVideo’s control, but their operation may impact or be impacted by the use and reliability of the GoVideo Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the GoVideo Services operate, and (iii) GoVideo is not responsible for damages and losses due to the operation of these third party products and services.
GoVideo hereby disclaims and you hereby discharge, waive and release GoVideo and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
Ownership and Intellectual Property Rights
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services are owned by GoVideo or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. GoVideo and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You agree to defend, indemnify and hold GoVideo and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use and each Authorized User’s use of the Products or Services, (ii) your or your Authorized Users’ violation of these Terms, or (iii) your or your Authorized Users’ violation of any law or the rights of any third party. GoVideo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GoVideo and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without GoVideo’s prior written consent. GoVideo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer of Warranties
The warranty for the product and software are set forth in the Limited Warranty and EULA.
THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND GOVIDEO AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON- INFRINGEMENT.
GOVIDEO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRSUES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR MOBILE DEVICE OR COMPUTER.
GOVIDEO AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOVIDEO OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
GOVIDEO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH THE WORKS WITH GOVIDEO PLATFORM) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GOVIDEO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
Limitation of Liability
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL GOVIDEO BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF GOVIDEO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. GOVIDEO’S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THE PRODUCTS, WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO GOVIDEO OR GOVIDEO’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. GOVIDEO DISCLAIMS ALL LIABILITY OF ANY KIND OF GOVIDEO’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL GOVIDEO 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 IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
Dispute Resolution, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be handled by working directly with GoVideo. However, should disputes arise, GoVideo and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services in any way, except for claims arising from bodily injury. The term Dispute and this agreement to arbitrate is intended to be broadly interpreted.
This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or GoVideo may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
You agree that, by entering into this agreement, we are each waiving the right to a trial by jury or to participate in a class or representative action. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision.
Pre-Arbitration Claim Resolution
For all disputes, you must first give GoVideo an opportunity to resolve the dispute by mailing written notification of your dispute to GoVideo. That written notification must include your (1) name, (2) address, (3) a written description of your claim and (4) a description of the relief you seek. If GoVideo does not resolve your dispute within 60 days after receiving your written notification, you may pursue your dispute in arbitration. The notice to GoVideo should be sent to GoVideo’s legal counsel at: Michael Best & Friedrich, attn. Michelle Dama,1 South Pinckney Street, Suite 700, Madison, Wisconsin 53703. GoVideo will send notice to you at the e mail and/or mailing addresses associated with your Account.
The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless you and GoVideo agree otherwise, any arbitration hearings will take place in Wisconsin. If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may award relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties.
Costs of arbitration
GoVideo will pay all AAA fling, administrative, and arbitrator fees for any arbitration that GoVideo commences. If you provided GoVideo with 60 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is $75,000 or less, GoVideo will pay your share of any such AAA fees. If the value of your claim exceeds $75,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires GoVideo to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse GoVideo for amounts that GoVideo paid on your behalf.
Class Action Waiver
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND GOVIDEO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and GoVideo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Right to Opt Out
If you do not wish to be bound by the arbitration and class-action waiver provisions , you must notify GoVideo in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be emailed to GoVideo at privacy@GoVideo.com. Your written notification must include: (1) your name and GoVideo account number, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with GoVideo through arbitration. Any opt out request received after the opt out deadline will not be valid and you must pursue your dispute in arbitration.
Modification. GoVideo reserves the right to make changes to these Terms. We’ll post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.
Governing Law. You agree that these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services shall be governed by the laws of the State of Wisconsin without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Madison, Wisconsin for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.
Entire Agreement/Severability. These Terms constitute the entire agreement between you and GoVideo regarding the use of the Services. Any failure by GoVideo to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.