Terms of Service
Terms of Service
By using Gooby (www.goobypet.com) (the “Site”), as well as any services available through or in connection with the Site (the “Services”), you indicate your unconditional acceptance of the following Terms of Service on your own behalf and on behalf of any organization you represent. Throughout these Terms of Service, “you” or “your” refer to you and the organization, if any, that you represent. Please read these Terms of Service carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Site; provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. These Terms of Service apply to all Gooby services and features unless otherwise indicated.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND Gooby. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND Gooby ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 21 “AGREEMENT TO ARBITRATE”).
Scope of Service.
Gooby maintains the Site, and provides Services, as a service to the user community that visits the Site subjects to these Terms of Service and to purchasers of our products through our Services.
You are responsible for obtaining any equipment and Internet service necessary to access our Site and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue any of our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Services, for some or all users, from time to time. The Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Acknowledgement to Receive Email or Push Notifications. As a registered user of Gooby’s Services, you agree to receive emails from us regarding our Services. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving correspondence from us by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Products; Shipping; Returns.
Ordering. Clients may from time to time order products through the Site. We or a third-party shipping company will ship such products to the address you provide in the course of ordering such products. You shall be responsible for shipping costs unless otherwise provided on the Site with respect to your order.b. Shipping and Risk of Loss. Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Gooby within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
If a product is defective, you may return it within thirty (30) days of your receipt of the product and we will send you a new item or credit your account for future purchases. No returns of defective products will be accepted after thirty (30) days of receipt.
When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address as displayed on the Site in which you purchased such product.
a. Payment. You agree that Gooby may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes, including local sales tax or VAT, and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING GOOBY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON THE SHIPPING, RETURN AND EXCHANGE POLICY FOR THE SITE APPLICABLE TO SUCH SERVICE, SUBSCRIPTION OR PRODUCT FROM TIME TO TIME. Gooby currently accepts the following forms of payment: credit card (Visa, MasterCard, American Express, Discover). Prices for the products and services offered via the Site may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.
c. Refunds. Other than an expressly set forth under “Return Policy” above or on our Site as updated from time to time, Gooby has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Gooby, in each case in Gooby sole discretion.
- Submitted Content. Certain of our Site and Services enable Clients to load additional information onto our Site which can be made accessible to other Clients or the general public. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Site. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Site. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion on our Site, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
- Ownership of Content. Gooby does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant Gooby the right to copy, store and make that User Content available to other users in connection with your use of our Site and our Services. When you make available the User Content to users of our Site or Services, you provide all such recipients a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such User Content. This license shall remain in effect until we delete the User Content from our systems.
- User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Site or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the submission and use of your User Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) the User Content you provide will not contain libelous or otherwise unlawful, abusive or obscene materials; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Site; (v) Gooby will be entitled to use any User Content, as permitted herein, without incurring obligations of confidentiality, attribution or compensation to you; and (vi) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
- Monitoring. We have the right, but not the obligation, to monitor User Content submitted to our Site, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through our Site or Services. Without limiting the foregoing, we have the right to remove any material that Gooby, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the User Content that you post to our Site.
- Required Disclosures. You acknowledge and agree that Gooby may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Service; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms of Service; and/or (d) protect the rights, property, or personal safety of Gooby, its representatives and/or agents, its users or the public.
- Liability. We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in User Content submitted for public display through our Site, such as through an online discussion forum. We do not pre-screen information posted to online discussion forums, if any. With respect to such forums, we are acting as a passive conduit for such distribution and are not responsible for User Content. Any opinions, advice, statements, services, offers, or other information in User Content expressed or made available by users of an online discussion forum are those of the respective author(s) or distributor(s) and not of Gooby. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content. You are responsible for ensuring that User Content submitted to the Site is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content to the Site.
- Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Gooby, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
- Intellectual Property; Restricted License.
- Ownership of Content on our Site. Unless otherwise noted, all information, text, images, audio, video, data, links, software, or other material which is not posted, uploaded or otherwise provided by you (“Gooby Content”) is the property of Gooby or its licensors (who may be other users of our Services). Gooby Content is protected by copyright, trademark, patent, trade secret and other rights of Gooby and its licensors, and, as between you and Gooby, Gooby retains all rights in the Gooby Content, the Services and the Site, provided that, you have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Services, the Site and Gooby Content solely for your use of the Services, subject to these Terms of Service. Product names are trademarks or registered trademarks of their respective owners.
- Proprietary Markings; No Other Licenses. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Gooby Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Gooby Content. Nothing contained on our Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services, Site or Gooby Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Site. The service marks and trademarks of Gooby are service marks owned by Inafiction USA dba Gooby. Any other trademarks, service marks, logos and/or trade names appearing via the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
- Gooby Content Provided “AS IS”. The Gooby Content may contain typographical errors, other inadvertent errors, or inaccuracies. Gooby reserves the right to make changes to document names and content, descriptions or specifications of products or services, or other information, without obligation to issue any notice of such changes.
- Permitted Use of Gooby Content. You may view, copy, download, and print Gooby Content that is made available to you on our Site or through our Services, subject to the following conditions:
- You may only use the Gooby Content for your internal informational purposes in compliance with all laws and regulations that apply to you. You may not resell or use the Services to provide services to any third party. You may not reproduce or transmit any part of our Services or the Gooby Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- You may not modify, alter, or prepare derivative works based on the Gooby Content, or distribute copies of or publicly distribute, perform or display the Gooby Content, including without limitation by posting the Gooby Content on any network computer or distributing the Gooby Content on or in any media, except as we may permit on a case-by-case basis.
- You may not remove copyright, trademark, and other proprietary notices from the Gooby Content.
Nothing contained within our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Gooby Content displayed on our Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with Gooby prior written permission or the permission of the third party that owns the trademark or copyright of the Gooby Content displayed on our Site.
Gooby maintains a policy for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
Advertising Affiliate Programs; Product Descriptions; Third Party Links.
We will provide certain information or descriptions about third party products or services (collectively “Product Descriptions”) that we prepare or that we obtain from independent third parties, such as from third party vendors. We do not warrant that Product Descriptions or any prices that are referenced are accurate, complete, reliable, current or error-free. Your rights with respect to third party products and services are solely as provided by such third party in the documentation accompanying such products and services, except as expressly set forth in these Terms of Service. You agree that Gooby is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Product Descriptions or other Gooby Content, or for any decision made or action taken by you relying upon the Product Descriptions or other Gooby Content.
Our Site may provide you with the ability to link to external sites, or download content from third party sites, from time to time. Such external links on our Site will lead to other websites, including advertised products or content sold or otherwise made available by outside vendors and companies. We provide any such links as a convenience to you. We are not liable for the content, goods, services, advertising, or other materials found on any external websites. Although we may display ads and may have an affiliate referral relationship with third parties, we do not own or control outside companies selling products accessed through our Site, and are not responsible or liable for their company policies or the quality of their merchandise or services. Before buying anything, users are advised to carefully investigate the individual company policies of all online purchases that they intend to make. Any logo of a third party used on the Site is a trademark of such third party or its affiliates.
By using our Site or Services or purchasing products through our Site or Services, you agree to indemnify, hold harmless and defend Gooby from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with the use of the Site or Services or such products by you or any other person accessing the Site with your Login Credentials, and from any User Content submitted through such Login Credentials for use in connection with the Site or Services.
By accessing our Services or any portion of our Site, including any online discussion forum, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services, Site or any related online discussion forum to:
- Transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Gooby.
- Submit User Content you know is false, misleading, untruthful, or inaccurate.
- Engage in commercial activities on our Site or using our Services without Gooby’s prior approval.
- Use a name or language that Gooby, in its sole discretion, deems offensive.
- Utilize any automated means, including without limitation web spidering, to obtain content from the Site.
- Post defamatory statements or hateful or racially or ethnically objectionable User Content.
- Post User Content which infringes another's copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize any forum made available through the Site or Services.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Site.
- Obtain unauthorized access to any computer system through the Site.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Gooby’s Content, the Site or our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Site and Services.
YOUR USE OF THE SITE, SERVICES, ANY PRODUCTS SUPPLIED AND ANY GOOBY CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE SITE, THE GOOBY CONTENT, ALL PRODUCTS SUPPLIED, AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SITE OR SERVICES ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY GOOBY, AND THAT ANY RESUME OR OTHER CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR SITE IS AT YOUR SOLE RISK AND DISCRETION. GOOBY AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE SITE, SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE LAWS OF THE STATE OF NEW YORK, WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GOOBY DOES NOT WARRANT THAT: (I) THE GOOBY CONTENT AND INFORMATION AVAILABLE THROUGH OUR SITE AND SERVICES IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE, (IV) DEFECTS WILL BE CORRECTED, OR (V) THE SITE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER GOOBY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. GOOBY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products MADE AVAILABLE THROUGH OUR SITE AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS MADE AVAILABLE THROUGH OUR SITE AND SERVICES ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR SAFETY FOR A PARTICULAR DOG. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR, IN THE CASE OF A PRODUCT MADE AVAILABLE THROUGH GOOBY, IN GOOBY’S DISCRETION, A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT.Limitation of Liability.
- Disclaimer. IN NO EVENT SHALL GOOBY OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE TO ANY USER OF OUR SITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limitation. GOOBY AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF SERVICE, THE SITE, THE SERVICES, ANY PRODUCTS SUPPLIED OR THE GOOBY CONTENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO GOOBY FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR CALENDAR MONTH.
- Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR GOOBY MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Exclusions. 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 MAY NOT APPLY TO YOU.
Neither Gooby nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Site or Services. Gooby expressly disclaims any liability or claims that may arise between users of our Site or Services or between users of our Site or Services and third party vendors. You are solely responsible for your interactions with all other users and for your interactions with third party vendors and any disputes that arise from those interactions with other users or third party vendors. Gooby may monitor disputes between users, but is not obligated to monitor, mediate, or resolve such disputes.
Because Gooby is not responsible for or involved in any contact between users or between users and third party vendors, in the event that you have a dispute with one or more users or third party vendors, you hereby release Gooby (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”No Implied Endorsements.
In no event shall any reference to any third party or third party product, content or service be construed as an approval or endorsement by Gooby of that third party or of any product, content or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Site as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Gooby does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum accessible through the Site and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.Children.
Our Site and Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers. We do not knowingly solicit personal information regarding children under age 18.Jurisdictional Issues.
We may terminate any user’s access to our Services, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services.
You may terminate your account at any time through the account page on the Site applicable to that Service, or as otherwise provided on the Site as updated from time to time. Gooby will have no obligation to provide a refund of any amounts previously paid to Gooby. Upon termination of your account under these Terms of Service, all license rights granted by you to Gooby shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Service will remain enforceable against you.
Unsolicited Ideas and Feedback.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of Gooby and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Gooby may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Gooby to review your unsolicited ideas; and (5) Gooby has no obligation to keep any unsolicited ideas confidential.Governing Law.
These Terms of Service, and any dispute between you and Gooby, shall be governed by the laws of the State of New York without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that Section 2 of the Federal Arbitration Act is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Gooby must be resolved exclusively by a state or federal court located in the State of New York, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and Gooby agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes. You and Gooby agree to waive trial by jury in any court proceeding.Miscellaneous
Severability. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement. These Terms of Service constitute the entire agreement between, or, as appropriate, among, the parties relating to the subject matter herein. Gooby may, at Gooby sole discretion, revise these Terms of Service at any time by updating this posting.
Additional Information. If you have any questions about these Terms of Service, please contact Gooby at firstname.lastname@example.org.
Version: January 1, 2016