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Go Overseas Terms & Conditions

Last Updated: February 11th, 2021

Your Acceptance

Welcome to the Terms of Use for the www.gooverseas.com website and any services provided by the website, or otherwise provided online or offline by Go Overseas (collectively referred to as the “Platform”). This is an agreement (“Agreement”) between Go Overseas, Inc. (“Go Overseas"), the owner and operator of the Platform and you (“you”, “your” or “user(s)”), a user of the Platform. Throughout this Agreement, the words “Go Overseas,” “us,” “we,” and “our,” refer to our company, Go Overseas, Inc., as is appropriate in the context of the use of the words.

By clicking “I agree” or accessing the Platform you agree to be bound by this Agreement and the Go Overseas Privacy Policy. PLEASE BE AWARE THAT, AMONG OTHER IMPORTANT PROVISIONS, THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION PROVISIONS AS WELL AS SIGNIFICANT LIMITATIONS OF OUR LIABILITY THAT AFFECT YOUR RIGHTS.

User Accounts and Sign-up

Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, Go Overseas may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account, whether performed by you or another person. You agree to notify Go Overseas immediately of any unauthorized use of your account or any other breach of security. Go Overseas will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you are responsible for losses incurred by Go Overseas or another party due to someone else using your account or password. If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf. You may not use anyone else's account at any time, without the permission of the account holder. Go Overseas has the sole discretion in granting or denying any accounts.

Privacy

Please read Go Overseas’s Privacy Policy for more information regarding the collection and use of your information. The Privacy Policy is wholly integrated into this Agreement as one in the same agreement.

Platform Disclaimer

Please be aware that our Platform and any content found within it are offered “as-is.” Go Overseas does not endorse and may not verify any of its users or any User Content (as defined below) submitted by users found through the Go Overseas Platform. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our Platform. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Go Overseas with respect to such actions or omissions, and you hereby waive the right to bring any such claim against Go Overseas.

Access to the Platform

You may be able to access portions of our Platform without registering; however, some portions may not be accessible until you register. After properly registering for the Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us. As a user, you do not receive any ownership interest in the Platform; you merely receive the right to use and access the Platform as provided by us. All rights not explicitly granted are reserved for Go Overseas. You agree to abide by the following restrictions listed below:

  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform.
  • You may not share your account with any other parties unless permitted by us in writing.
  • You may not violate any laws, rules or procedures of the United States.
  • You may not violate any of our additional policies.
  • You may not use our Platform except through specific channels provided by us.
  • You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
  • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform unless provided by us.

Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, in addition to any other remedies that may be available to us, we may revoke your license to use our Platform, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Go Overseas, other users, or the Platform itself. Failure by us to revoke your access to the Platform does not act as a waiver of your conduct.

User Content

Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you own or otherwise have permission to use any User Content submitted.

When you submit any User Content to us, you grant Go Overseas, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, sublicensable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. For clarity, you understand that by submitting User Content you are granting us permission to transfer, assign, and/or sublicense this license for your User Content to other companies and websites to use for similar and appropriate purposes. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images and all other content on our Platform. Therefore, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our content on the Platform in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform, and any of our content therein, is retained by us.

Content Guidelines

User Content found on the Go Overseas Platform does not necessarily reflect the opinion of Go Overseas and we do not endorse or otherwise assume any responsibility for such User Content. We reserve the right to remove, delete, modify, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and with or without notice to you. For example, we may remove User Content if we believe it violates our community standards. We have no obligation to retain or provide you with copies of User Content. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.

When submitting any User Content you agree to the following:

  • You agree not to post any User Content that contains nudity, or sexual, or explicit content;
  • You agree not to post any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
  • You agree not to post any User Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
  • You agree not to post any User Content that is considered spam;
  • You agree to only post User Content that you own or have licensed and you shall not post any User Content that is in violation of a third parties’ intellectual property rights; and
  • You agree not to post any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

Platform Availability and Modification

Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.

Your Conduct While Using The Platform

When accessing or using our Platform, you are solely responsible for your use and for any use of the Go Overseas Platform made using your account. You agree to abide by the following rules of conduct:

  • You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
  • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You agree not to use the Platform to impersonate, stalk, harass, bully or harm another individual;
  • You agree that you will not hold Go Overseas responsible for your use of the Platform;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Go Overseas;
  • You agree not to interfere with or disrupt the Platform; and
  • You agree to not violate any US federal or state laws while using the Platform.

If you are discovered violating any Content or Conduct Guidelines or if we believe that any of your actions may harm Go Overseas’s Platform or our business interests, in addition to any other remedies that may be available to us, your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Go Overseas reserves the right to suspend or terminate any account at any time without notice or explanation.

Payments

Paid features of the Platform (the “Paid Services”) are subscription based unless otherwise specified on the Platform. The prices, features, and options of the subscription based Paid Services (the “Subscription Plan”) depend on the specific Subscription Plan selected as well as any changes instigated by you. Go Overseas does not represent or warrant that a particular Subscription Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without prior notice.

You agree to pay Go Overseas all fees associated with the Paid Services and/or Subscription Plan in a timely manner. ALL PAYMENTS FOR PAID SERVICES, INCLUDING ALL SUBSCRIPTION PLANS, ARE NON-REFUNDABLE. Charges for Subscription Plans may be billed to you in advance or in arrears, as determined in Go Overseas’s discretion.

Go Overseas’s Subscription Plans automatically renew unless otherwise noted. If you purchase a Subscription Plan you agree to pay the then-current applicable fee associated with the Subscription Plan and further agree and acknowledge that it will automatically renew, unless, prior to the end of the current period of effectiveness of the Subscription Plan (“Subscription Term”): (a) you terminate your account or the Subscription Plan at least 15 days before next bill date for monthly Subscription Plans, and at least 30 days before next bill date for yearly Subscription Plans.; (b) Go Overseas declines to renew your Subscription Plan; or (c) this Agreement is otherwise properly terminated as expressly permitted herein. The Subscription Plan will automatically renew on a monthly or annual basis, depending on the Subscription Plan you choose (“Renewal Term”).

When you purchase a Subscription Plan, you must provide accurate and complete information for a valid payment method that you are authorized to use. You will be billed for your Subscription Plan through the payment method you provide, such as a credit card. You must promptly notify Go Overseas of any change in your invoicing address and must update your account with any changes related to your payment method. BY COMPLETING REGISTRATION FOR A SUBSCRIPTION PLAN, YOU AUTHORIZE GO OVERSEAS OR ITS AGENTS TO CHARGE YOUR PAYMENT METHOD ON A RECURRING (E.G. MONTHLY OR YEARLY) BASIS (“AUTHORIZATION”) FOR: (a) THE APPLICABLE SUBSCRIPTION PLAN CHARGES; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE PAID SERVICES. The Authorization continues through the applicable Subscription Term and any Renewal Term until the Subscription Plan is terminated as specified above.

Please be aware that we use third party payment processors to process all payments for the Paid Services. You must read and agree with our third party payment processor’s agreements in order to purchase anything from the Platform. All payment information will be processed, stored, and secured by our third party payment processor and we do not have control over such processor and do not assume any responsibility for the actions of our processor.

Taxes

Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us, you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Idea Submission

You may choose to submit comments, suggestions, or ideas about the Platform, including how to improve the Platform (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. To the extent that you choose to provide us Feedback, you agree to the following: (1) the Feedback and contents therein will automatically become the property of Go Overseas, without any compensation to you; (2) Go Overseas may use, modify, copy, publish, or redistribute the Feedback and contents therein for any purpose and in any way; (3) there is no obligation for Go Overseas to review the Feedback or take any particular actions when Feedback is provided; and (4) there is no obligation to keep any Feedback confidential.

Transmission Issues with the Platform

You will immediately notify Go Overseas of any problems or issues with the Platform. You understand that we cannot guarantee that our Platform is error-free and that Go Overseas cannot be responsible for any interruption to the Platform.

Third Party Services

The Platform may be integrated with services provided by third parties as part of the functionality of the Platform, including without limitation services provided by hosting providers, payment processors, other users, and others. You understand that we do not have control over third parties and that such third parties are not agents of Go Overseas. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except strictly to the extent required by applicable law. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Platform or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services. We hereby disclaim and you hereby discharge, waive and release us and our 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. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” FURTHER, YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

Intellectual Property

The names ”www.gooverseas.com” and “Go Overseas,” the design of the Go Overseas Platform along with Go Overseas created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to Go Overseas. The Marks are subject to trademark, copyright, and other intellectual property rights under US laws and international conventions. Go Overseas reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.

Representations and Warranties

THE PLATFORM AND ALL CONTENT THEREIN IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GO OVERSEAS, INC, NOR ANY OF THEIR EMPLOYEES, DIRECTORS, MANAGERS, OFFICERS, AFFILIATES, SUCCESSORS, ASSIGNS, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; (C) ANY USER CONTENT AVAILABLE (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GO OVERSEAS OR VIA THE PLATFORM, OR (E) ANY SERVICES PROVIDED BY OTHER USERS OF THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. GO OVERSEAS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. GO OVERSEAS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. GO OVERSEAS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND GO OVERSEAS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

Limitation of Liability

IN NO EVENT SHALL GO OVERSEAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR ANY VISUAL CONTENT PURCHASES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, (VII) ANY SERVICES PROVIDED BY OTHER USERS OR THIRD PARTIES IN CONNECTION WITH THE PLATFORM, (VIII) YOUR ACCESS TO AND USE OF ANY USER CONTENT, OR (IX) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILITY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Go Overseas’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Go Overseas shall not be liable for any damages arising out of your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.

Indemnity

You agree to defend, indemnify and hold harmless Go Overseas, Inc, its licensors, suppliers, officers, directors, employees, affiliates, successors, assigns, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Go Overseas Platform;
  • Your violation of any law or the rights of any third party;
  • Your violation of any term of this Agreement; and
  • Any claim that your use of the Platform harmed a third party, including without limitation another user.

This defense and indemnification obligation will survive the termination of this Agreement and your use of the Go Overseas Platform. Go Overseas reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Digital Millennium Copyright Act

We value your intellectual property rights. As such, we reserve the right to suspend and/or terminate any user’s account who is found to have infringed on the intellectual property rights of users, Go Overseas, or third parties, or who violated any laws related to intellectual property. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Platform, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:

Copyright Agent
Go Overseas, Inc.
2040 Bancroft Way, Ste. 200, Berkeley, CA 94704
+1 (415) 796-6456
[email protected]

Age Compliance

The Platform is not intended to be used by children under 13 years of age. By using the Platform, you represent to Go Overseas that you are over 13 years old and that you are legally able to enter into this Agreement. If we learn or have reason to suspect that a user is under age 13, we will promptly delete any personal information in that user’s account and will terminate such user’s account. If you are between 13 and 18 years of age, you represent that you have permission from your parent or legal guardian to use the Platform.

Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California.

Arbitration

You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Platform in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at [email protected]). Second, if the dispute is not resolved through informal resolution, we both agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential arbitration in Alameda County, CA. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (the foregoing time limitation is not applicable to residents of New Jersey). In the event that the law does not permit the above mentioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Alameda County, CA.

Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.

We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this section shall be confidential, and neither you, nor us, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

YOU AND GO OVERSEAS EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Nothing contained in this section shall limit our ability to terminate, or otherwise take action related to, your account as provided in this Agreement.

Class Action

You and Go Overseas agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

Termination

You may terminate this Agreement by cancelling your account via your account dashboard or contacting us at [email protected]. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled and your User Content may be deleted. We may terminate your access if we determine that: (1) you have violated any applicable laws while using our Platform; (2) you have violated this Agreement or any other of our Platform policies; or (3) if we believe that any of your actions may harm Go Overseas, other users, or other third parties, at our sole decision or discretion. In the event of termination, we are not required to provide an explanation.

Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Third Party Links

The Platform may contain links to third party websites that are not owned or controlled by Go Overseas. Go Overseas has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Go Overseas will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly relieve Go Overseas from any and all liability arising from your use of any third-party website.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Go Overseas are deemed to conflict with each other’s operation, you agree that Go Overseas shall have the sole right to elect which provision remains in force.

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. No waiver by us shall be effective unless made in writing and signed by an authorized representative of Go Overseas.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

Go Overseas reserves the right to change this Agreement from time to time, with or without notice to you. If you continue to use the Platform, you consent to the new Agreement. We will always have the latest Agreement posted on the Platform. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Go Overseas must be sent to our agent for notice to: [email protected]

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Electronic Communications

The communications between you and Go Overseas use electronic means, whether you visit the Platform or send Go Overseas e-mails, or whether Go Overseas posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Go Overseas in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Go Overseas provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

USA Gap Year Fairs

By registering for any event held in conjunction with USA Gap Year Fairs as a part of Go Overseas, You are opting into receiving information from USA Gap Year Fairs and Go Overseas via text-messaging and email. You also agree to the Go Overseas Text Messaging Terms & Condition, and should you elect, you may receive 1-2 text reminders about this event. Upon registration for any event, A profile will be created automatically on Go Overseas in order to connect you with providers that you allow to scan your QR code at the fairs. This QR code will be sent to you via email by Go Overseas prior to the event.

Headings

The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.