GoBoxGo Terms of Service
PLEASE READ THESE TERMS CAREFULLY AS THEY ESTABLISH A LEAGAL AGREEMENT BETWEEN YOU AND GOBOXGO.
Please Note: Section 8 of these Terms of Service contains and ARBITRATION CLAUSE and CLASS ACTION WAIVER that applies to all GoBoxGo Users. It affects and dictates how disputes with GoBoxGo are resolved. By accepting these Terms of Service, you agree to be bound by this Arbitration Clause and Class Action Waiver. PLEASE READ CAREFULLY.
Please review these Terms of Service periodically as they are subject to be altered by GoBoxGo at anytime. So long as you continue to use GoBoxGo, any such modifications will automatically apply to you.
FOR HOSTS- ALL HOSTS MUST FOLLOW THE LINK BELOW TO ACKNOWLEDGE AND AGREE TO THE POLICIES CONTAINED WITHIN:
Terms of Service INDEX
1. Legal Relationship
2. Usage of Your Account
4. Warranty Disclaimer
5. Limitation of Liability
7. Acceptance of These Terms
8. ARBITRATION AGREEMENT & CLASS ACTION WAIVER
11. Customer Service
1. Legal Relationship
1.2. These Terms govern the access and use of the Services provided by GoBoxGo within the United States, its territories, and possessions.
1.3. By accessing or using the Services of GoBoxGo, you agree to be bound by all of these Terms.
1.4. These terms supersede any prior agreements or arrangements between you and GoBoxGo or any of its Owners, Investors or Employees.
1.5. GoBoxGo reserves the right to immediately terminate these Terms with respect to you, cease offering or deny access to Services or any portion thereof for any reason GoBoxGo may see fit.
1.6. GoBoxGo also reserves the right to, in its sole discretion modify, revise or edit in anyway these Terms and Policies. If GoBoxGo does exercise this right, you will continue to be bound by these Terms by continuing to use and accessing GoBoxGo; whether you were aware GoBoxGo has exercised this right or not. In the event of such changes you will be alerted and MUST read and AGREE to the new Terms in order to continue use.
1.7. All Amendments made by GoBoxGo in its sole discretion, to these Terms will be effective immediately upon the posting of such Terms.
2. Usage of Your Account
2.1. By agreeing to these terms, you confirm to never utilize another User’s account without their express allowance of such use, to never solicit the login information of another User’s account, to never make public the information of other Users’ private information, that all the information you provided while creating your Account is accurate and complete, and that you will keep your Account password secure at all times.
2.2. Additionally, by agreeing to these Terms, you take full responsibility for any and all activity on your Account. GoBoxGo will not be liable for any losses you or others using your account may have incurred by any authorized or unauthorized use of your Account.
2.3. You agree that at no time will you use the communication channels provided by GoBoxGo, to harass, solicit business or to engage in any other communication that does not revolve around the Services offered by GoBoxGo.
2.4. Any breach to the security of your Account must immediately be reported to GoBoxGo.
2.5. With regard to commercial uses, unless you obtain the written Approval of GoBoxGo, you are prohibited from taking the following courses of action:
· sale of access to Services provided by GoBoxGo
· solicitation, sale of advertising, sponsorship, or promotions to any User, whether Recipient or Host.
2.6. You will in no way upload or use viruses including “bugs,” “spiders,” “robots,” or any other virulent code, or any other means of altering GoBoxGo’s Technological Dignity.
2.7. You agree that deliveries held by the Host for and not retrieved within THIRTY (30) days, the Host must deliver the package back to the Sender, unless the Host and Recipient come to an agreement to extend the period of time the Host will care for the package. All fees included in the Host’s care of the package and return of the package are the responsibility of the User.
2.8. Any PERISHABLE ITEMS that are being delivered must be picked up before expiration or within 24 hours unless otherwise agreed to by Host and Recipient.
2.9. Finally, by agreeing to these Terms, you agree to in no way, and at anytime, use this Platform, GoBoxGo, or any of its Affiliates or related entities, for illegal or mischievous purposes. You will comply with all applicable laws and you also agree to report any and all matters that you have come upon while using this Service that are illegal or mischievous.
3.1. You are fully aware that GoBoxGo charges for the Services it provides its Users, and you will pay in full, the amounts charged to you by GoBoxGo for utilization.
3.2. These payments will be made via the PayPal Business Platform.
3.3. Receipts will be sent via preferred email.
3.4. If the preferable payment method is invalid in any way, expired or unable to be charged, GoBoxGo may immediately and at its own discretion, use any other method to acquire its fees and charges.
3.5. All charges are final and non-refundable unless otherwise determined by GoBoxGo.
3.6. GoBoxGo reserves the right to, at anytime and at its sole discretion, establish, remove and/or modify Charges for any or all Services.
3.7. You will be responsible for the Charges incurred by your Account regardless of your awareness of such charges.
3.8. You acknowledge that Charges applicable during certain Seasons or in different Geographical Areas may increase substantially depending on demand.
3.9. Cancellation fees may apply to specific orders and must be paid for.
4. WARRANTY DISCLAIMER
4.1. YOU ACKNOWLEDGE THAT YOUR USE OF GoBoxGo IS AT YOUR OWN RISK.
4.2. YOU ACKNOWLEDGE THAT GoBoxBo, ITS OWNERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED IN CONNECTION WITH THE SERVICES OFFERED AND YOUR USE OF THIS PLATFORM AND ITS SERVICES.
5. Limitation of Liability
5.1. You acknowledge that in no Event, shall GoBoxGo, its Owners, Directors, Employees or Agents, be liable to you for any Damages whether they be (I) Direct, (II) Indirect, (III) Incidental, (IV) Special, (V) Punitive, or (VI) Consequential; as the result of (I) Personal Injury of any kind, (II) Property Damage of any kind and (III) any losses at all of any kind.
5.2. No User including Hosts and Recipients, represent the political or ideological views of GoBoxGo, its Owners, Directors, Employees or Agents. GoBoxGo, its Owners, Directors, Employees or Agents are not responsible and cannot be held accountable for offensive conduct on the part of any User, whether Host or Recipient, for any reason, or at anytime.
6.1. You agree to hold harmless GoBoxGo, and all of its affiliates, including its Owners, Directors, Employees and agents, from and against any and all claims including (I) Damages of any kind, (II) obligations of any kind, (III) losses of any kind, (IV) liabilities of any kind, (V) expenses of any kind, and (VI) costs and debts of any kind.
6.2. This Indemnification obligation survives these Terms as well as your usage of GoBoxGo and the services it provides, regardless of the manner in which you use it.
7. Acceptance of these Terms
7.1. You affirm that any one of the following is true:
· you are 18 years of age or older,
· you are an emancipated minor, or
· you have parental or guardian consent
for the usage of GoBoxGo.
7.2. You are fully competent to enter into and to comply at all times with all of these Terms.
7.3. All the information you have provided while creating your account is truthful and accurate and it is your sole responsibility and commitment to maintain the accuracy of such information.
8. Dispute Resolution. This is an Arbitration Agreement that you MUST read carefully. It is part of the Terms of the Contract you are making with GoBoxGo and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
8.1. Applicability f Arbitration Agreement: All claims and disputes in connection with these Terms or the Use of any of the Services that GoBoxGo provides, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the Terms of this Arbitration Agreement. All arbitration proceedings shall be held in English unless agreed to otherwise by all Parties involved in the matter. This Arbitration Agreement applies to you as the User and GoBoxGo and to any of its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized Users or Beneficiaries of services or goods provided under these Terms.
8.2. Notice Requirement & Informal Dispute Resolution: Before either Party may pursue arbitration, the Party must first send a written Notice of Dispute (“Notice”) describing the nature and basis of the dispute as well as requested relief, to the other Party. A Notice to GoBoxGo should be sent by mail service to:1172 South Dixie Hwy., Suite 214 Coral Gables, Fl 33146. Once Notice has been received, you and GoBoxGo may attempt to resolve the dispute informally. If the dispute is not resolved within thirty (30) days after Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by either Party may not be disclosed to the sitting arbitrator(s) at any time.
8.3. Arbitration Rules: Any Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider being used to Arbitrate, shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with any part of these Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available for your viewing online at www.adr.org, or by calling the AAA at 1-800-778-7879. A single, neutral arbitrator shall conduct the arbitration. Any claims or disputes where the total amount of the award sough is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance based arbitration at the option of either party. For claims seeking at least Ten Thousand U.S. Dollars (US $10,000.00), the right to an arbitration hearing will be determined by the Arbitration Rules, unless the Parties agree otherwise. Any hearing will be held in Miami, Florida, or the greater Miami, Florida area. Each party shall bear its own costs, including attorney’s fees, and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any of the parties involved; prior usage of GoBoxGo Services excluded.
8.4. Non-Appearance Based Arbitration: If non-appearance based arbitration is elected, it shall be conducted by telephone, online, via video conference and/or on written submissions; the specific manner being chosen by the Party submitting. Parties will have the right to know how the opposing Party is submitting. In these cases, the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
8.4. The Arbitrator’s Decision: The arbitrator’s decision will include all of the essential findings and conclusions in which the arbitrator based their decision. The arbiter may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to the relief warranted by the individual claim at hand.
8.5. Jury Trial Waiver: PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE TRIAL IN FRONT OF A JUDGE OR JURY. IN THE EVENT ANY LITIGATION SHOULD ARISE IN A SUIT TO VACATE OR ENFORCE ARBITRATION DECISIONS, YOU AND GOBOXGO WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THE DISPUTE TO BE RESOLVED BY A JUDGE.
8.6. Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS ONLY. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
8.7. Confidentiality: All aspects of any arbitration or court proceedings shall be strictly confidential unless otherwise required by law. This paragraph shall not prevent a party form submitting to a court any information necessary to enforce this Agreement, an arbitration award, or to seek injunctive or equitable relief.
8.8. Courts: In any circumstances where the foregoing Arbitration Agreement permits Parties to litigate, the Parties hereby agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for such purposes.
8.9. Exceptions to Arbitration Agreement: You as a User and GoBoxGo, agree that the following claims are exceptions to the foregoing Arbitration Agreement and may be brought in a judicial proceeding in courts located within Miami-Dade County, Florida: Any claim(s) related to Actual or Threatened (i) infringement; (ii) misappropriation or violation of a Party’s copyrights; (iii) misappropriation or violation of a Party’s trademarks; (iv) misappropriation or violation of a Party’s trade secrets; (v) misappropriation or violation of a Party’s patents (vi) misappropriation or violation of a Party’s any other intellectual property rights; (vii) Any claim seeking emergency injunctive relief due to exigent circumstances (e.g., commission of a crime, cyber-attack, hacking or any imminent danger).
8.10. Severability: Except as provided in Sections 8.5 and 8.6, in the event that any portion of this Arbitration Agreement is deemed unenforceable or illegal, said portion will be severed and the remainder of the Arbitration Agreement will remain intact and in Full Force and Effect.
8.11. Survival: Except as provided in Section 8.10, this section will survive any termination of a portion of these Terms and continues to apply even if you stop using the GoBoxGo Platform or terminate your GoBoxGo Account.
9.1. Hosts are solely responsible for determining your obligations to report, collect, remit or include any taxes that may apply in your areas.
9.2. Hosts are solely responsible for reporting their own taxes, including money made on the GoBoxGo Platform.
9.3. Certain tax regulations may require GoBoxGo to collect appropriate Tax information from Hosts, and/or to withhold payouts if a Hosts fails to provide the documentation we determine to be sufficient (if any) to alleviate our obligation to any government entity for tax purposes. GoBoxGo reserves the right to freeze all payouts, withhold any amounts required by law, or to take both actions until a final resolution is found.
Account- The portal through which Users, utilize the Services of GoBoxGo, delineated by their personal Username.
Acceptance- Fully downloading and any use of GoBoxGo is an acceptance of all of these Terms.
Agent- Any consultants directly employed by the corporate offices of GoBoxGo.
Amendments- Any modifications made to these Terms, solely at the discretion of GoBoxGo.
Approval- Permission expressly granted only by GoBoxGo and, solely at the discretion of GoBoxGo.
Care- Within the Host’s possession and responsibility to protect and maintain the integrity of the package.
Employee- Any individual working for, and directly under the control of GoBoxGo management. This does not include any User.
Event- Any possible situation stemming from the Use of GoBoxGo.
Hosts- A User who will receive the package on behalf of the Recipient and securely hold it for them until the Recipient retrieves it at an agreed upon time and place.
Investor- Any person owning and containing a vested interest in GoBoxGo.
Owner- Any of the corporate owners of GoBoxGo.
Property Damage- Bugs, Viruses, Stolen Property including private personal and financial information whether acquired by a breach of secure servers or by any other mean.
Recipient- A User who has ordered a package and is waiting to receive it via a Host.
Services- All of the accommodations GoBoxGo offers to consumers.
Terms- Every Condition and Policy listed in this entire document.
Use; Usage; Utilization- Entering and in anyway using GoBoxGo.
User- Anyone utilizing the Services of GoBoxGo
11. Customer Service Features: GoBoxGo considers itself to be a Customer Service Based Corporation. For any questions or concerns regarding these terms or any aspects of GoBoxGo, please use the following contact information so that we can respond in a timely manner with the appropriate information:
1172 South Dixie Hwy., Suite 214
Coral Gables, Fl 33146