TERMS OF USE

Last Modified: September 14, 2015

Acceptance of the Terms of Use

Welcome to the website and/or mobile application of GoSkip, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of website, goskip.com, including any content, functionality, and services offered on or through goskip.com (the "Website"), and our mobile application, “SKIP” (the “App”).

Please read the Terms of Use carefully before you start to use our Website or App. By using either our Website and/or App (or by clicking to accept or agree to the Terms of Use when this option is made available to you), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at goskip.com/tpp, incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use our Website or App.

This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using our Website or App, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website or App.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Website and App thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted to our Website and App.

Your continued use of our Website or App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend our Website and App, and any service or material we provide on through either, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entirety of either or both, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to our Website and App.
  • Ensuring that all persons who access our Website and App through your internet connection are aware of these Terms of Use and comply with them.

To access our Website or App, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website and App that all the information you provide is correct, current and complete. You agree that all information you provide to register with this Website or App or otherwise, including but not limited to through the use of any interactive features on our Website or App, is governed by our Privacy Policy [goskip.com/tpp], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or App or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Both our Website and App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Website and App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or App, except as follows:

  • your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • you may store files that are automatically cached by your Web browser for display enhancement purposes;
  • you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution;
  • you may download a single copy of our App to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
  • if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • modify copies of any materials from our Website or App;
  • use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
  • delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Website or App.

You must not access or use for any commercial purposes any part of our Website or App or any services or materials available through the either or both.

If you wish to make any use of material on our Website or App other than that set out in this section, please address your request to: support@goskip.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Website or App in breach of the Terms of Use, your right to use the both our Website and App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Website or App or any content on the either or both is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Website or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms “GoSkip” and “SKIP,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on our Website or App are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website or App:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Website or App, or which, as determined by us, may harm the Company or users of our Website or App, or expose them to liability.

Additionally, you agree not to:

  • use our Website or App in any manner that could disable, overburden, damage, or impair the either or both, or interfere with any other party's use of the either or both, including their ability to engage in real time activities through either or both;
  • use any robot, spider or other automatic device, process or means to access our Website or App for any purpose, including monitoring or copying any of the material on either or both;
  • use any manual process to monitor or copy any of the material on our Website or App or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of our Website or App;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website or App, the server on which our Website or App is stored, or any server, computer or database connected to the either or both;
  • attack our Website or App via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of our Website or App.

User Contributions

Our Website or App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through our Website or App.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to our Website or App will be considered non-confidential and non-proprietary. By providing any User Contribution on our Website or App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
  • all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Website or App.

Monitoring and Enforcement; Termination

We have the right to:

  • remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity,
  • threatens the personal safety of users of our Website or App or the public or could create liability for the Company;
  • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website or App; and
  • terminate or suspend your access to all or part of our Website or App for any or no reason, including without limitation any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website or App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on our Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under
  • applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [goskip.com/tpp];
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us at support@goskip.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through our Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website or App, or by anyone who may be informed of any of its contents.

Our Website or App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Devices and Compatibility

The use of the App requires a mobile device and wireless mobile data service, and may also require Internet access. You are responsible for obtaining and paying for such additional services. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all related third party fees, including fees for information sent to or through the App. The App may not work with all devices or all mobile carriers.

License Grant

Subject to the terms of this Agreement, we grants you a limited, non-exclusive and nontransferable license to:

  • download, install and use our App for your personal, non-commercial use on a single mobile device phone or tablet owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and
  • access, stream, download and use on such Mobile Device the content and services made available in or otherwise accessible through the App, strictly in accordance with this Agreement and the Terms of Use applicable to such content and services.

License Restrictions

Licensee shall not:

  • copy the App, except as expressly permitted by this license;
  • modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App;
  • reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
  • remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
  • remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application; or
  • use the App in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.

Export Regulation

Our App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.

Term and Termination

  • The term of Agreement commences when you download the Application and will continue in effect until terminated by you or us.
  • You may terminate this Agreement by deleting our App and all copies thereof from your Mobile Device.
  • Company may terminate this Agreement at any time without notice if it ceases to support the App, which we may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
  • Upon termination:
    • all rights granted to you under this Agreement will also terminate; and
    • you must cease all use of our App and delete all copies of the App from your Mobile Device and account.
  • Termination will not limit any of our rights or remedies at law or in equity.

Changes to our Website or App

We may update the content on our Website or App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on either or both may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your Visits to our Website or App

All information we collect on our Website and App is subject to our Privacy Policy [goskip.com/tpp]. By using either or both, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of our Website or App. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our Website or APP, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Our Website or App may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on our Website or App;
  • send e-mails or other communications with certain content, or links to certain content, on our Website or App; or
  • cause limited portions of content on our Website or App to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • establish a link from any website that is not owned by you;
  • cause our Website or app or portions of either to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • link to any part of our Website other than the homepage. or
  • otherwise take any action with respect to the materials on our Website or App that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice in our sole discretion for any or no reason.

We may disable all or any social media features and any links at any time without notice in our sole discretion for any or no reason.

Links from our Website or App

If our Website or App contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to tour Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of our Website and App is based in the state of Ohio in the United States. We provide our Website and App for use only by persons located in the United States. We make no claims that our Website or App, or any of their contents is accessible or appropriate outside of the United States. Access to our Website or App may not be legal by certain persons or in certain countries. If you access our Website or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER OR BOTH OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON EITHER OR BOTH, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE OR APP, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER OR BOTH IS AT YOUR OWN RISK. OUR WEBSITE OR APP, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER OR BOTH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITE OR APP, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER OR BOTH WILL BE ACCURATE, RELIABLE,

ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSTIE OR APP OR THE SERVER THAT MAKES EITHER OR BOTH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER OR BOTH WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE OR APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER OR BOTH OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our Website or App, including, but not limited to, your User Contributions, any use of our Website’s or App’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from our Website or App.

Governing Law and Jurisdiction

All matters relating to our Website or App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Website or App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Cincinnati and County of Hamilton, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

Our Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to our Website or App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website or App.

Your Comments and Concerns

Our Website and App is operated by GoSkip, Inc. located at the following address:

GoSkip, Inc.
1411 Vine Street
Cincinnati, OH 45202

All feedback, comments, requests for technical support and other communications relating to our Website or App should be directed to: support@goskip.com.

Thank you for visiting our Website and/or App.

PRIVACY POLICY

Last modified: September 14, 2015

Introduction

GoSkip, Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit our website goskip.com (our "Website"), as well as our mobile application “SKIP” (our “App”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On our Website,
  • On our App,
  • in e-mail, text and other electronic messages between you and our Website and our App;
  • through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website; and
  • when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Company or any third party, including any of our affiliates and subsidiaries; or
  • any third party, including any of our affiliates and subsidiaries, or through any application or content, including advertising, that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, please do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@goskip.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website and App, including information:

  • by which you may be personally identified, such as name, image, e-mail address, telephone number, bank account information, and any other identifier by which you may be contacted online or offline ("personal information");
  • that is about you but individually does not identify you, such as date of birth, current age, race, food allergies, diet restrictions, purchasing preferences, and gender; and
  • about your internet connection, the equipment you use to access our Website or App and usage details.
    • We collect this information:

      • Directly from you when you provide it to us;
        • Automatically as you navigate through our App. Information collected automatically may include usage details, IP addresses and information collected through cookies or other web tracking technologies;
        • and from third parties, including without limitation our business partners.

      Information You Provide to Us. The information we collect on or through our Website may include:

      • information that you provide by filling in forms on our Website or App. This includes information provided at the time of registering to use our Website or App, subscribing to our service, registering for a service offered through our Website or App, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website or App;
      • records and copies of your correspondence, including e-mail addresses, if you contact us;
      • your responses to surveys that we might ask you to complete for research purposes;
      • details of transactions you carry out through our Website or App and of the fulfillment of your desired services, including any financial information that may be required before placing an order through our Website; and
      • your search queries on our Website or App.

      You also may provide information to be published or displayed (hereinafter, "Posted") on public areas of the Website or App, or transmitted to other users of the Website or App, or to third parties (collectively, "User Contributions"). Your User Contributions are Posted on and transmitted to others at your own risk. Although we may limit access to certain pages or allow you to set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Website or App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

      Automatic Data Collection Technologies And Tracking. As you navigate through and interact with our App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

      • usage details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App;
      • information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number;
      • metadata and other information associated with other files stored on your device, including, for example, photographs, audio and video clips, personal contacts and address book information; and
      • real-time information about the location of your device, including local positioning tracking while using the App in participating stores, and global positioning tacking anytime the App is open on your device.

      While using our App, you will be prompted for your permission before any location tracking technology is utilized on your device. If you do not want us to collect this information you may deny the request, or opt out at any later time by selecting the appropriate boxes in your account profile page. Please note, however, that opting out of our App's collection of location information will cause its location-based features to be disabled, potentially rendering the App unable to run properly.

      The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and App and allows us to deliver a better and more personalized service, including by enabling us to:

      • estimate our audience size and usage patterns;
        • store information about your preferences, allowing us to customize our Website and App according to your individual interests;
        • speed up your searches and use of our App; and
        • recognize you when you return to our Website or App.

      The technologies we use for this automatic data collection may include:

      • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website or App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or App.
      • Flash Cookies. Certain features of our Website or App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website or App. Flash cookies are not managed by the same browser settings as are used for browser cookies.
      • Web Beacons. Pages of the Website or App, as well as our e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail, and for other related Website or App statistics.

      We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

      Third-party Information Collection And Other Tracking Technologies.

      When you use our App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

      • advertisers, ad networks and ad servers;
      • analytics companies;
      • your mobile device manufacturer; and
      • your mobile service provider.

      These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based behavioral advertising or other targeted content.

      We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

      How We Use Your Information

      We use information that we collect about you or that you provide to us, including any personal information:

      • to present our Website and App, along with their contents, to you;
      • to provide you with information, products or services that you request from us;
      • to fulfill any other purpose for which you provide it;
      • to provide you with notices about your account/subscription, including any expiration and renewal notices;
      • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
      • to notify you about changes to our Website, App, or any products or services we offer or provide though them;
      • to allow you to participate in interactive features on our Website and App;
      • in any other way we may describe when you provide the information; and
      • for any other purpose with your consent.

      We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or adjust your user preferences in your account profile.

      We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

      Disclosure of Your Information

      We may disclose aggregated information about our users and information that does not identify any individual without restriction.

      We may disclose personal information that we collect or that you provide as described in this privacy policy:

      • to our subsidiaries, affiliates, and business partners;
      • to contractors, service providers and other third parties we use to support our business and who may be bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, or who have their own privacy policies which guide their conduct;
      • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our Website and App users is among the assets transferred;
      • to third parties to market their products or services to you if you have not opted out of these disclosures, provided that We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them;
        • to fulfill the purpose for which you provide it;
        • for any other purpose disclosed by us when you provide the information; and with your consent.

      We may also disclose your personal information:

      • to comply with any court order, law or legal process, including to respond to any government or regulatory request;
      • to enforce or apply our terms of use [INSERT AS LINK TO WEBSITE'S TERMS OF USE] and other agreements, including for billing and collection purposes; and
      • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Our customers or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

      Choices About How We Use and Disclose Your Information

      We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

      • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of our Website or App may then be inaccessible or not function properly.
      • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data, by adjusting your user preferences in your account profile, or by sending us an e-mail stating your request to support@goskip.com
      • Promotional Offers from the Company. If you do not wish to have your e-mail address or other contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data, by adjusting your user preferences in your account profile, or by sending us an e-mail stating your request to support@goskip.com, however this opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
      • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data, by adjusting your user preferences in your account profile, or by sending us an e-mail stating your request to support@goskip.com, however for this opt-out to function, you must have your browser set to accept browser cookies.

      We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

      Accessing and Correcting Your Information

      You can review and change your personal information by logging into our Website or App and visiting your account profile page.

      You may also send us an e-mail at support@goskip.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

      If you delete your User Contributions from the Website or App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website and App users. Proper access and use of information provided on the Website or App, including User Contributions, is governed by our terms of use [goskip.com/tpp].

      Your California Privacy Rights

      California Civil Code Section § 1798.83 permits users of our Website or App 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 a request, please send an e-mail to support@goskip.com, or write us at the following address:

      GoSkip, Inc.
      1411 Vine Street
      Cincinnati, OH 45202

      Data Security

      We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

      The safety and security of your information also depends on you. Where we have given you, or where you have chosen a password for access to certain parts of our Website or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website or App, like message boards. The information you share in public areas may be viewed by any user of the Website or App.

      Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

      Changes to Our Privacy Policy

      It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page, well as on our App. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the primary e-mail address specified in your account and through a notice on the Website home page, and through our App. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and App to check for any changes to this privacy policy.

      Contact Information

      To ask questions or comment about this privacy policy and our privacy practices, contact us at support@goskip.com, or call us at (415)-483-0994.