PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, BROWSING, REVIEWING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION AND THAT YOU SHALL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. INCLUDING AN AGREEMENT TO ARBITRATE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
Thanks for using our website, services, and applications (“Services”). The Services are provided by GitGitGo LLC, located in the state of North Carolina, USA (“Company”). On this General Terms and Conditions (“Terms”), “We”, “Our”, “Us”, “GitGitGo”, "Todd Moses" refers to Company, and Company’s affiliates, employees, independent contractors, subcontractors, principals and agents.
The Services may contain additional proprietary notices and copyright information, the terms and conditions of which must be observed and followed. Information on the Site may contain technical inaccuracies or typographical errors. GitGitGo may, in its sole discretion, revise, amend, modify or delete portions of these Terms and Conditions at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms and Conditions. Your continued use of the Site constitutes your acceptance of any revisions, amendments, modifications or deletions to these Terms and Conditions.
These Terms apply to all users, visitors, and others who access or use the Service. If you are using our Services on behalf of an entity or organization (“Organization”), you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case “You”, “Your”, “User”, “Users” refers to you and that Organization.
Subject to these Terms, the Company gives you a personal, worldwide, royalty-free, non-assignable, non-sub-licensable, and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.
GitGitGo shall have the right to alter, suspend or discontinue the Services or your access to or use of the Services at any time for any reason without notice or liability to you or any third party. The Services may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which GitGitGo shall not take on any liability.
There may be delays, omissions or inaccuracies in information obtained through your use of the Services. The information on the Services is provided to you with the understanding that GitGitGo’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on the Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, GitGitGo does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Site by GitGitGo, any user, information provider or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, GitGitGO does not grant any license or other authorization to you to use the Services in any manner if such use in whole or in part suggests that GitGitGo promotes or endorses a third party's causes, ideas, political campaigns, political views, websites, products or services.
These Terms and Conditions are governed and interpreted pursuant to the laws of the state of North Carolina, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the state of North Carolina. You further agree and expressly consent to the exercise of personal jurisdiction in the state of North Carolina in connection with any dispute or claim involving GitGitGo. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR GitGitGo LLC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR RIGHT TO GO TO SMALL CLAIMS COURT: We will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
THIS ARBITRATION CLAUSE IS GOVERNED BY THE U.S. FEDERAL ARBITRATION ACT (FAA). ARBITRATION MUST PROCEED ONLY WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA). THE RULES FOR THE ARBITRATION WILL BE THOSE IN THIS ARBITRATION CLAUSE AND THE PROCEDURES OF AAA, BUT THE RULES IN THIS ARBITRATION CLAUSE WILL BE FOLLOWED IF THERE IS DISAGREEMENT BETWEEN THEM AND AAA’S PROCEDURES. IF AAA'S PROCEDURES CHANGE AFTER THE CLAIM IS FILED, THE PROCEDURES IN EFFECT WHEN THE CLAIM WAS FILED WILL APPLY. FOR A COPY OF AAA’S PROCEDURES, TO FILE A CLAIM OR FOR OTHER INFORMATION, PLEASE CONTACT US; If AAA is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute.
Arbitration hearings will take place in the state of North Carolina. A single arbitrator will be appointed. The arbitrator must: (i) Follow all applicable substantive law, except when contradicted by the FAA; (ii) Follow applicable statutes of limitations; (iii) Honor valid claims of privilege; (iv) Issue a written decision including the reasons for the award. The arbitrator's decision will be final and binding except for any review allowed by the FAA. However, if more than US$100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than thirty (30) days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced in any court with jurisdiction to do so.