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GOGO Band
Dominion Resources Innovation Center | 201 Duncan Street, Ashland, VA 23015

Privacy Policy

GOGO Band, INC.

Last updated: February 22, 2019

INTRODUCTION

GOGO Band, Inc. (“GOGO Band”, “we” or “us”) provides a system that non-invasively measures human biological information and uses continuous night time body monitoring that aids individuals to cope with their night time enuretic symptoms. We are committed to protecting your privacy. This privacy policy (the “Privacy Policy”) describes how we collect, use, share, and store your Personal Information. Your “Personal Information” includes the information and data that we acquire when you purchase, access and use the GOGO Band System, which includes the hardware, software, and applications (the “System”) and the GOGO Band Website (the “Website”). In this Privacy Policy, we refer to the GOGO Band System and Website as the “Service or Services”.

This Privacy Policy, together with our Terms and Conditions and any other terms specifically referred to in any of those documents, constitute a legally binding agreement between you and GOGO Band.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree to this Privacy Policy, do not access or use the Services. By your use of the Services, you consent to our use and disclosure of your Personal Information in accordance with this Privacy Policy, except for any uses of your Personal Information that requires your consent, as described below.

PERMITTED USERS

Activation and individual use of the GOGO Band Services is only permitted for adult residents of the United States aged eighteen or older and for children under the age of eighteen, a parent or legal guardian must activate the GOGO Band Services for those children and create a Children’s Account for those children to use the GOGO Band Services.

WHAT INFORMATION WE COLLECT AND WHEN

GOGO Band may collect certain information when you visit and use our Website regardless of whether you have an account with GOGO Band. This information may include log data that automatically records information about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address you used to access pages on the Website. We may use this type of information to provide you with a better Website experience, to prevent Website misuse, and to ensure the Website is working properly. We also collect data from cookies. To learn more about our use of cookies, please see Cookies and Similar Technology.

Creating a GOGO Band account allows you to use our Services. When you purchase The GOGO Band System and create a GOGO Band account, we ask for some personal information that is necessary to identify you or your eligible child in order to use the GOGO Band Services. This information may include name, email address, location of residence, date of birth, gender, height, weight, specifics about the severity of the enuretic condition, and other basic information.

Using our System requires an account to access the System. Through the GOGO Band System, you access GOGO Band Services and features offered by GOGO Band. When registered with the GOGO Band Services, data recorded by the System about your activity is transferred from the System to our servers. This data is stored and used to provide the GOGO Band Services and is associated with your account. Each time you use the system, we collect and log the information pertaining to the operation and health of the GOGO Band system, your human biological information, and information about the actual communication of the data. We retain your data for our internal purposes for as long as your account is active, and on an anonymized basis after your account is no longer active.

The GOGO Band Services includes features that require the collection of specific location data, including: GPS signals, Bluetooth devices, device sensors, Wi-Fi access points, and cell tower IDs. We store this information in your GOGO Band account.

When you contact GOGO Band for customer support or other reasons, we collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the GOGO Band Services.

GOGO Band may also use Personal Information for internal statistical, marketing or operational purposes, including generating sales reports and measuring and understanding demographics, user interests, purchasing and other trends among our customers.

HOW WE USE YOUR PERSONAL INFORMATION

We use your Personal Information to offer you our Services. The data collected is used by our Services and results in providing you with a predictive warning of an impending enuretic event. Data may be indicated as raw data (weight, height, gender, enuretic severity, etc.), or during processing (heart rate, movement, sleep patterns, etc.).

We may use certain data to improve our products and services and ensure the availability of our Services. For example, we may use data and logs to research and improve GOGO Band Services, to troubleshoot the GOGO Band Services, and to detect and prevent fraud or other criminal activity.

We may use certain data in order to communicate with you.

We may produce and publish statistics and analyses using collected data. They would first be anonymized and/or de-identified to assure that your privacy is protected. Data anonymized and/or aggregated in this way is used to better understand how the GOGO Band Services are used and to improve the effectiveness of the GOGO Band Services.

We take part in scientific studies. We sometimes generate studies, analyses and general statistical studies for the public or for companies. For example, we may use de-identified lifestyle data to provide information on the effects of specific lifestyle behaviors on health.

ENTITIES WITH WHICH WE MAY SHARE PERSONAL INFORMATION

GOGO Band is a United States business. GOGO Band is not available to residents of the European Union. Although we may share your Personal Information with other entities, we will not store your Personal Information outside of the United States. All of the servers we use to store your Personal Information are located in the United States. Note that the European Union has different data protection laws than the United States, and you should be aware in particular that the law and practice in the United States in respect of law enforcement authority access to data is significantly different from Europe, affording substantially fewer privacy protections to individuals and in particular to individuals who are not United States citizens.

By agreeing to this Privacy Policy, you freely consent to transfers of your data in accordance with this Privacy Policy. You may withdraw your consent at any time by contacting customer support. We will, however, be unable to provide Services to you if you have withdrawn your consent.

We use third party service providers to help us better understand the usage of GOGO Band Services, and for related purposes. The third parties we currently use to provide such analytics and related services are described below under Cookies and Similar Technology.

We may disclose Personal Information about you to others if we have your consent to do so in such form of consent as may be required under applicable law.

Subject to applicable laws in your jurisdiction, we may also disclose Personal Information about you to others as we believe to be necessary or appropriate: (a) under applicable law or regulation, including laws or regulations outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public authorities and law enforcement officials, including officials outside your country of residence; (d) to assist or support theft investigations involving GOGO Band products or property, (e) to enforce any of our terms and conditions or policies; (f) to protect our operations or those of any of our affiliates and subsidiaries; (g) to protect the rights, privacy, safety or property of GOGO Band, its affiliates and subsidiaries, you or others; or (h) to permit us to pursue available remedies or limit the damages that we may sustain.

We may also transfer Personal Information to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of GOGO Band’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding.

RETENTION OF PERSONAL INFORMATION

We retain your Personal Information as outlined in this Privacy Policy.

HOW WE PROTECT YOUR PERSONAL INFORMATION

GOGO Band takes reasonable security measures to help protect against loss, misuse, unauthorized access and unauthorized disclosure or alteration of the Personal Information under its control. GOGO Band uses the Internet and third party Cloud-based technologies such as Google Cloud and Amazon Web Services to provide the Services, and the transmission and storage of information via the internet and the “Cloud” is not completely secure. We therefore cannot guarantee the security of your personal information transmitted to our Services. We do not warrant or represent that Personal Information about you will be protected against loss, misuse, or alteration by third parties.

HOW TO DEACTIVATE YOUR ACCOUNT

You can deactivate your GOGO Band account by contacting customer support. GOGO Band may continue to use your de-identified/anonymized data after you deactivate your account.

UPDATING AND ACCESSING YOUR PERSONAL INFORMATION

Although GOGO Band works to ensure that the Personal Information we collect from you is accurate, complete and current, errors can occur and in addition many aspects of your Personal Information can change without GOGO Band’s being aware of it. To keep your information up-to-date and accurate, GOGO Band encourages you to access your Personal Information on a regular basis and we request that your Personal Information be updated to maintain its accuracy. You may also request that your Personal Information account be deleted. GOGO Band will respond promptly to your requests in accordance with applicable law. For your protection, we may need to verify your identity before implementing your request. We may decline to process requests that jeopardize the privacy of others, that cannot be reasonably implemented, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we may need to retain certain Personal Information for a longer period of time for recordkeeping purposes, such as retaining records relating to your purchases for warranty or accounting purposes.

Access, correction or deletion requests can be made by contacting customer support.

COOKIES AND SIMILAR TECHNOLOGY

We use cookies and other technologies like Web storage and identifiers associated with your device to improve the functionality of the GOGO Band Services. This helps us provide you with a good user experience and improve our Services.

A cookie is a small piece of information, sent by a web server to a web browser, that is stored on your computer so that it can later be read, allowing the server to uniquely identify the browser. Our main purpose in using cookies is to facilitate and enhance communications and interactions between you and the Website, but cookies can be used for other purposes. Cookies for the Website may collect a unique identifier, user configuration settings and profile information. GOGO Band also uses cookies to collect general usage and volume statistical information that does not include personally identifiable information. Some cookies may remain on a user’s computer after the user leaves the Website. Most browsers provide you with information on and control over cookies, including a feature to opt-out of the use of cookies. You can set your browser to alert you when a cookie is being used and accept or reject it. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. However, you may not be able to use some features of the Website if you disable cookies.

We may also collect data from users about their usage of our Services. The types of analytical information that are collected may include page views, log errors and crash data. GOGO Band may use this data to improve the quality and functionality of the GOGO Band Services; to develop and market products and features that best serve you and other users; and to help identify and fix app stability issues and other usability problems as quickly as possible.

By continuing to browse the Website, you consent to our use of cookies and similar technology.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such an inquiry, please contact customer support.

PRIVACY POLICY FOR CHILDREN’S ACCOUNTS

We appreciate the importance of taking additional measures to protect children’s privacy. GOGO Band allows parents to set up accounts for their children to use with the GOGO Band System (“Children’s Account”). Children’s Accounts are subject to a separate Privacy Policy which explains what information we collect to set up these accounts, what information we collect from a child’s use of our Services, and how we use and share that information. Parents or guardians must consent to the use of their child’s data in accordance with the Privacy Policy for Children’s Accounts in order to create such an account.

LINKS, THIRD PARTY APPLICATIONS, AND THIRD PARTY PRIVACY PRACTICES

The GOGO Band Services may contain links to other sites that are not operated by GOGO Band. These linked sites and applications are not under our control, and we are not responsible for the privacy practices or the content of any linked sites and applications. If you use any third-party sites or applications, any Personal Information collected by the third party’s site or application will be controlled by the privacy policy of that third party. We recommend that you carefully review the privacy statements of any third parties to which you provide Personal Information.

TELEPHONE CONSUMER PROTECTION ACT

GOGO Band may use your information to make business, informational and collections calls relating to the Services to all telephone numbers, including cellular numbers or mobile devices, you choose to provide on your account or in registering for any of the Services. You agree such calls may be pre-recorded messages or placed with an automatic telephone dialing system. In addition, you agree that GOGO Band may send non-marketing service or account related text messages to cellular phone numbers you provide to GOGO Band, and you agree to accept and pay all carrier message and data rates that apply to such text messages. If you choose to provide an email or other electronic address on your account, you acknowledge and consent to receive business and informational messages relating to the Service at such address, including collections messages, and you represent and warrant that such address is your private address and is not accessible or viewable by any other person.

UPDATES

We may, in our sole discretion, update this Privacy Policy from time to time. If we make material changes to how we treat our users’ Personal Information, we will notify you by email and/or through a notice on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. Please review this Privacy Policy regularly to ensure that you are aware of any changes. Your continued use of our Services following any changes to this Privacy Policy constitutes your acceptance of any such changes made.

CONTACT

If you have questions, comments, or concerns about this Privacy Policy and our information practices, please contact legal@mygogoband.com.

EXHIBIT A

GOGO Band Privacy Policy for Children’s Accounts

GOGO Band allows parents to set up accounts for their children to use with GOGO Band Services (“Children’s Account”). This Privacy Policy for Children’s Accounts explains what information we collect to set up these accounts, what information we collect from your child’s use of our Services, and how we use and share that information. This policy applies only to Children’s Accounts set up specifically for children under 18 or any higher minimum age in your jurisdiction for use with qualifying devices. You can find additional information about how GOGO Band collects, uses, and shares information in the GOGO Band Privacy Policy.

INFORMATION WE COLLECT

INFORMATION YOU PROVIDE US

When you create an account for your child, we’ll ask for personal information about them, like their name, date of birth, gender, height, and weight, and other biological information. You may choose whether or not to share certain additional information with us, but doing will limit your ability to activate and use the Services.

INFORMATION WE COLLECT FROM YOUR CHILD’S USE OF OUR SERVICES

Your child’s GOGO Band device collects data to track their biological activity during the night. When their System gathers the information, data on their device is transferred to our servers. GOGO Band does not collect location tracking data of your child.

When you or your child accesses his or her account through the GOGO Band System, we may automatically collect and store information about account connectivity such as IP addresses, browser type, language, operating system, and app and mobile device information (including cookie and application identifiers).

HOW WE USE THE INFORMATION WE COLLECT

We use the information in the following ways: to provide, personalize, and improve our services, authenticate users’ identities, to track activity and enuresis symptoms, and to provide customer support. We also use the data we collect for internal purposes such as troubleshooting, protecting against errors, data analysis and testing, to develop new features and services, and to promote the safety and security of GOGO Band.

HOW YOUR CHILD’S INFORMATION IS SHARED

FOR EXTERNAL PROCESSING

We provide Personal Information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and subject to other appropriate confidentiality and security measures.

OWNERSHIP CHANGES

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of Personal Information and give you notice before transferring any Personal Information to a new entity.

FOR LEGAL REASONS

We may disclose information to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

HOW TO ACCESS AND DELETE YOUR CHILD’S PERSONAL INFORMATION

As a parent, you have control of any Children’s Account that you have activated. Once you have signed in to your GOGO Band account and verified your email address, you can create this account for your child. You can view your child’s complete account at any time.

If at any time you wish to stop further collection or use of your child’s information, you can delete your child’s account by either (1) contacting customer support, or (2) deleting your child from the account and confirming your intent to delete the account in the email we send you.

HOW TO CONTACT US

If you have questions, suggestions, or concerns about this policy, or about our use of your child’s information, please contact us at legal@gogoband.com or at our mailing address below.

Terms of Use

This Terms of Use (“Agreement”) shall govern Customer’s (“you” or “your”) initial purchase on the Effective Date as well as any future purchases made by Customer which reference this Agreement. GOGO Band provides the software application on its devices and software applications (“Products”) and the accompanying services (together with “Products,” the “Services”) on a subscription basis (each, a “Subscription”). The term of each Subscription is designated in months (each, a “Subscription Term”). As part of each Subscription, GOGO Band provides the support services described at www.mygogoband.com/SLA. By using the Products, you agree to be bound by the terms set forth herein.

The Services. The Services, which are designed to aid one in dealing with their enuresis symptoms, may include hardware to upload personal health vital data from your medical devices to smart clients (hardware), mobile applications to be installed on your smart clients to receive your personal health vital data from your medical devices (mobile app(s)), web applications allowing you to access with registered user name and password (web app(s)), and other services offered by GOGO Band (other services). You may choose to use part or all Services. You may use the hardware only after you have purchased the Hardware or received it from a healthcare provider, insurance company or other entity (Provider), and you may use the mobile app(s) only after you have downloaded the mobile app(s) through the Apple iTunes, Google Play Store or other source. You must also read and accept these GOGO Band Terms of Sale (“Terms of Sale”) before using the hardware or accessing the Service in connection with your use of the hardware, whether the hardware is purchased from GOGO Band or received from a third-party Provider, such as a health-care provider, insurance company or other entity.GOGO Band reserves the right, in its sole discretion, to modify or replace all or any part of the Agreement (including, without limitation, pricing and payment terms set forth in Fees and Payment), or change, suspend, or discontinue all or any part of the Services at any time by posting a notice or by sending you an email. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Services following the posting of any changes to the Agreement constitutes acceptance of those changes.

Your Account. Any information you provide to GOGO Band shall be accurate, complete and updated. You are solely responsible for the activity that occurs on your account or password and for maintaining the security of the mobile application and web application and any information you input to the mobile application and web application. You shall not use or access another users account without such other users express permission. You will immediately notify GOGO Band in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware.
Use of Personal Information. If you create, transmit, submit, display or otherwise make available information (including, without limitation, information you have made available automatically through connection of the hardware to the mobile application(s)) while using the Services, you may provide only information that you own or have the right to use. When you provide access to any such information through the Services, you give GOGO Band a license to fully use and exploit that information in connection with providing you the Services. However, in terms of Personal Information (as defined in the Privacy Policy), GOGO Band may only use the information you provide as permitted by the GOGO Band Privacy Policy, and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information.
No Medical Advice. GOGO Band does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Services. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services. Reliance on any information provided by GOGO Band or in connection with the Services is solely at your own decision and risk.
Third Party Sites and Services. GOGO Band may provide links to, or contact information for, third party sites or services. GOGO Band is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Services. GOGO Band also may enter into business arrangements with third-parties, which will allow you to share your personal data with them. Whether to share your personal data with these third-parties will be up to you. By properly following instructions provided to you by GOGO Band and these third-parties, you will be able to decide whether you want to share personal data with these third-parties. Sharing of your personal data with third-parties is solely at your own decision and risk.
Grant of License. Subject to all of the terms and conditions of this Agreement, during the Subscription Term, GOGO Band grants to Customer a non-transferable, non-sublicensable, non-exclusive, limited license to install the Products specified in an Order Form on the hardware provided by GOGO Band, and to use the Products and Services for Customer’s personal use, but only in accordance with (i) the Documentation, (ii) this Agreement, and (iii) the Subscription Term.
Rules of Conduct. As a condition of use, you promise not to use the Services for any purpose that is prohibited by this Agreement or other rules or policies implemented by GOGO Band from time to time. The Services are provided only for your own personal, non-commercial use. You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iv) impersonates any person or entity; (v) impose or may impose an unreasonable or disproportionately large load on GOGO Band’s (or its third party providers) infrastructure; (vi) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (vii) bypass any measures GOGO Band may use to prevent or restrict access to the Services (or parts thereof); (viii) decipher, decompile, disassemble, translate, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (ix) modify, translate, or otherwise create derivative works of any part of the Services; or (x) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
Subscription Term and Renewals. The length of the Subscription Term shall be set forth in the Order. The rates for any Subscription Term renewals shall be GOGO Band’s then-current Subscription rates posted at www.mygogoband.com.
Payment Terms. All fees are as set forth on the Site and shall be paid by Customer. All payments are non-refundable. If payment of any fee is overdue, GOGO Band may suspend provision of the Products and/or Support until such delinquency is corrected.
Support. GOGO Band offers email-based and online support tools. You may access support resources or contact our support by visiting https://www.mygogoband.com. GOGO Band does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by GOGO Band regarding use of the Services shall not be construed as a warranty.
Warranty Disclaimer. THE PRODUCTS, SERVICES, AND SUPPORT ARE PROVIDED “AS IS.” GOGO BAND DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, AND SUPPORT PROVIDED TO CUSTOMER UNDER THIS AGREEMENT WILL OPERATE UNINTERRUPTED, THAT THEY WILL BE FREE FROM DEFECTS, OR THAT THEY ARE DESIGNED TO MEET CUSTOMER’S REQUIREMENTS. NEITHER GOGO BAND NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GOGO BAND AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE PRODUCTS, SERVICES, OR SUPPORT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PRODUCTS, SERVICES, OR SUPPORT WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PRODUCTS, SERVICES, AND SUPPORT IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF REMEDIES. GOGO BAND SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
LIMITATION OF LIABILITY. GOGO BAND’S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING HEREUNDER SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY GOGO BAND IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY CUSTOMER TO GOGO BAND DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE CLAUSE OF ACTION ARISES. The provisions of this Section allocate risks under this Agreement between Customer and GOGO Band. GOGO Band’s fees for the Subscriptions reflect this allocation of risks and limitation of liability.
Indemnification. You shall defend, indemnify, and hold harmless GOGO Band, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorney’s fees, that arise from or relate to (i) your use or misuse of, or access to, the Products, Services, or Support, or (ii) your violation of this Agreement or any applicable law, contract, policy, regulation or other obligation. GOGO Band reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GOGO Band in connection therewith.
Amendments; Waivers. No supplement, modification, or amendment of the terms of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other form employed or provided by Customer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.
Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the Products, unless such terms and conditions are expressly stated as an amendment to this Agreement and duly signed on behalf of both parties.
Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval of a license by a government agency.
Assignment. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. This Agreement shall inure to the benefit of and be binding upon the parties hereto, and their successors and permitted assigns.
Arbitration. A PRINTED VERSION OF THE TERMS OF USE AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THE TERMS OF USE TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU AND GOGO BAND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, EXCLUDING ITS CONFLICTS OF LAW RULES. ANY DISPUTE, CONTROVERSY, DIFFERENCE OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, OR THE BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE FINALLY SETTLED BY ARBITRATION REFERRED TO THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH THE ASSOCIATIONS ARBITRATION RULES. THE PLACE OF ARBITRATION SHALL BE IN RICHMOND, VIRGINIA. THE LANGUAGE OF ARBITRATION SHALL BE ENGLISH. THE ARBITRAL AWARD SHALL BE FINAL AND BINDING UPON BOTH PARTIES.YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH GOGO BAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR THIS AGREEMENT: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.
CHANGES IN THE TERMS OF USE. GOGO BAND MAY MODIFIES THIS AGREEMENT FROM TIME TO TIME. ANY AND ALL CHANGES TO THIS AGREEMENT WILL BE POSTED ON THE GOGO BAND SITE AND/OR E-MAILED TO YOU. IN ADDITION, THE AGREEMENT WILL ALWAYS INDICATE THE DATE IT WAS LAST REVISED. YOU ARE DEEMED TO ACCEPT AND AGREE TO BE BOUND BY ANY CHANGES TO THE AGREEMENT WHEN YOU USE THE SERVICE AFTER THOSE CHANGES ARE POSTED.