Terms of Service

Last Updated: 08/11/2024.

Version: 1.0
 

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you (“you”, “your” or “yours” and GoFair Technologies, Inc. its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “GoFair,” “we,” “us” or “our”) governing your use of the GoFair platform, applications, websites, technology, and facilities (collectively, the “Services”). Please read this Agreement in its entirety and carefully, prior to using the GoFair Platform or our Services. If you do not agree with ALL of these legal terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND GOFAIR CAN BE BROUGHT (SEE SECTION 7 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST GOFAIR TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING; YOUR RIGHTS AND CLAIMS AGAINST GOFAIR AND WILL BE DECIDED BY A NEUTRAL ARBITRATOR AND NOT BY A JUDGE OR JURY TRIAL.

1.     CONTRACTUAL RELATIONSHIP

In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on our website, which include but are not limited to the Privacy Policy, which describes how we collect, use and disclose your personal information, and the User Generated Content Terms, which we refer to as a whole as “Supplemental Terms”.

Collectively, we refer to these Terms of Service and the Supplemental Terms as the “Agreement”. This Agreement govern your access or use of Services from within the United States and its territories and possessions, of the Services made available in the United States and its territories (the “Territory”).

By entering into this Agreement and/or by interacting, using or accessing the GoFair Platform and/or our Services personally or through a mobile or computer device, an API service or any other technological device you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 7)

2.     THE GOFAIR PLATFORM

The GoFair Platform provides an electronic marketplace where, among other things, persons, entities and organizations (“User” and “Users”) and/or their authorized guests (“Authorized Guest”) having a GoFair Account  seeking transportation to certain destinations can be match with independent contractor persons, or organizations providing such services (“Providers”). Persons (including their animals and pets) using the GoFair Platform and Services are collectively herein after referred to as “Riders”, and the driving, and delivery services provided by Providers to Riders, and any other transportation related services provided by Providers through the GoFair Platform, shall be referred to herein as “Provider Services”.  Technological services provided by GoFair pursuant to the GoFair Platform shall be herein after referred to as “GoFair Services”. Please note that GoFair does not provide any type of Provider Service, nor does it in include any type of Third-Party Services). As a User you authorize GoFair to match and/or rematch you with Providers or other Riders based on a multitude of factors such as your location, your trip destination, the estimated time to pickup, ride mode, driver mode, User preferences, regulatory or other third-party requirements, user statistics, membership status and GoFair Platform determined efficiency, and to cancel an existing match base on the mentioned or other considerations. Any decision by a User to offer or accept Provider Services is a decision made at that User’s sole discretion. A separate agreement is formed between the Providers and Riders when the Rider accepts the Provider Services offered by the Provider. In certain markets Users may have the option to rent transportation modalities such as motorcycles and cars, etc. In some markets these rental programs and/or other services are own and operated by third parties. In such cases your use of the GoFair Services through the GoFair Platform may be subject to additional agreements between you and GoFair as applicable to the particular service in the particular market (“Supplemental Agreements”). Please review any Supplemental Agreements referenced in this Agreement carefully. Should you not agree to be bound by the terms and conditions of a Supplemental Agreement, you may not rent or avail of the GoFair Service in such a market.

If a conflict arises between this Agreement and there terms and conditions of a Supplemental Agreement, the terms and conditions of the Agreement shall prevail and control, unless such Supplemental Agreement explicitly states otherwise.

3.     MODIFICATION TO THE AGREEMENT

GoFair reserves the right to revise the terms and conditions of this Agreement at any time and without prior notice, and at our sole discretion, or to impose new terms and conditions with regard to access to or use of GoFair Services. Modifications to this Agreement including any pages referenced in this Agreement via hyperlink or otherwise become effective immediately upon posting the revised or additional terms and conditions. Continued use of the GoFair Platform after any such revisions or additions shall constitute your free will acceptance of such revisions or additions.

4.     ELIGIBILITY AND AUTHORIZATION

Only individuals and entities/organizations who have the right and authority to form legally binding contracts under applicable law, and are competent to satisfy the terms, conditions, and obligations herein may create a GoFair account and use the Services described in this Agreement. By becoming a User you represent and warrant that you are at least eighteen (18) year of age, or the age of legal majority in your jurisdiction. Except as otherwise provided herein, you may not assign or otherwise transfer your GoFair Account to any other person or entity. GoFair Services are not available to Users who have had their User account temporarily or permanently deactivated. You many not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use the User account on behalf of any third-party, except as otherwise expressly allowed by GoFair. Each person may only create one User account, and GoFair reserves the right to deactivate any additional or duplicate accounts. Your access and participation in certain GoFair programs and use of certain GoFair Services may be subject to additional eligibility requirements as determined by GoFair.  YOU HEREBY AGREE TO COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS WHEN ACCESSING OR USING OUR SERVICES, AND YOU MAY ONLY ACCESS OR USE OUR SERVICES FOR LAWFUL PURPOSES.

If you access our Services on behalf of another person or entity, you represent that you are authorized to accept this Agreement on behalf of such person or entity, that the person or entity agrees to be bound by this Agreement, and that you shall be jointly and severally responsible to GoFair if you or the other person or entity violates this Agreement in any form or manner. You hereby affirm and agree to defend, indemnify and hold harmless GoFair, as well as GoFair’s officer, directors, employees, agents or shareholders, from and against any and all claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of any misrepresentation by you of such authority or authorization, in connection with allowing any person below the age of 18 to use GoFair Services passenger and/or your guests’ use of the Services.  TO BE CLEAR, AT PRESENT GOFAIR DOES NOT PERMIT A PERSON UNDER THE AGE OF 18 YEARS TO USE OUR SERVICES WHEN NOT ACCOMPANIED BY AN ADULT.

5.     YOUR INFORMATION

Your Information is any information you provide, publish or post, and any information provided on your behalf, to or through the Lyft Platform (including any profile information you provide) or send to other Users (including via in- application feedback, any email feature, or through any GoFair-related Meta, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a GoFair User account that will allow you to use the GoFair Services, and participate in the Provider Services. Our collection and use of personal information in connection with the GoFair Services, and Provider Services is as provided in GoFair’s Privacy Policy (https://gofair.app/privacy-policy). You are solely responsible for your Information and your interactions with other members of the public. You agree to provide and maintain accurate, current and complete Information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable GoFair to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the Services, or Provider Services you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. GoFair does not assert any ownership over your Information; rather, as between you and GoFair, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

6.     TERM AND TERMINATION

GoFair, in its sole discretion, may immediately terminate without notice these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, for any reason and at any time without explanation. Additionally, you agree that GoFair shall not be liable to you or any third-party for any termination of your access to the Services. This agreement shall survey any termination or expiration of your GoFair User Account.

7.     DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST GOFAIR ON AN INDIVIDUAL BASIS, AND NOT A CLASS ACTION, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS AND/OR REPRESENTATIVE ACTION. YOU AND GOFAIR MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BY ARBITRATION.

This Arbitration Agreement will prevent you from bringing an class, collective, coordinated, consolidated, mass, and/or representative action against GoFair, and also preclude you from participating in any future class, collective, coordinated, consolidated, mass, and/or representative action brought against GoFair by someone else. The Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and survives after this Agreement terminated or your relationship with GoFair ends.

(a)    Agreement to Binding Arbitration Between You and GoFair

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND GOFAIR. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, the Rideshare Services, GoFair promotions, gift card, referrals or loyalty programs, the GoFair hardwaret, any other goods or services made available through the GoFair Platform by GoFair or a third-party provider, your relationship with GoFair, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on GoFair’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by GoFair, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by GoFair and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND GOFAIR ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

8.  INDEMNITY

You hereby agree to defend, indemnify and hold GoFair including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) blameless and harmless against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the GoFair Services, Third-Party Services, and participation in the Provider Services, including, but not limited to: (1) you or your Guest User’s breach of this Agreement or the documents it incorporates by reference; (2) you or your Guest User’s violation of any law or the rights of a third party, including, Providers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials or information/data that you submit to us or transmit through the GoFair Services or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Provider Services as a Driver; and/or (5) any other activities in connection with the Services, Third-Party Services, or Provider Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You agree that you will not, without. GoFairs prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

9.    GENERAL TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site; 4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. GoFair content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GoFair and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GoFair or our licensors except as expressly authorized by these Terms.

10.   COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to GoFair's sites.

11.    LINKS

Either GoFair Technologies Inc or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that GoFair Technologies Inc shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

12.   PROPRIETARY RIGHTS

You do hereby acknowledge and agree that GoFair Technologies Inc's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by GoFair Technologies Inc or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on GoFair Technologies Inc Services (e.g. Content or Software), in whole or part.

GoFair Technologies Inc hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by GoFair Technologies Inc for use in accessing our Services.

13.   WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF GOFAIR TECHNOLOGIES INC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. GOFAIR TECHNOLOGIES INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) GOFAIR TECHNOLOGIES INC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) GOFAIR TECHNOLOGIES INC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) GOFAIR TECHNOLOGIES INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE GOFAIR TECHNOLOGIES INC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF GOFAIR TECHNOLOGIES INC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM GOFAIR TECHNOLOGIES INC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

14.    LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT GOFAIR TECHNOLOGIES INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

15.   RELEASE

In the event you have a dispute, you agree to release GoFair Technologies Inc (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

16.   NOTICE

GoFair Technologies Inc may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

17.   INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand and agree that all of the GoFair Technologies Inc trademarks, copyright, trade name, service marks, and other GoFair Technologies Inc logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of GoFair Technologies Inc. You herein agree not to display and/or use in any manner the GoFair Technologies Inc logo or marks without obtaining GoFair Technologies Inc's prior written consent.

GoFair Technologies Inc will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, GoFair Technologies Inc may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The GoFair Technologies Inc agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address: GoFair Technologies Inc Attn: Copyright Agent
8 The Green Suite B Dover, Delaware 19901

Telephone:
Email: hello@gofair.app

18.   WAIVER AND SEVERABILITY OF TERMS

At any time, should GoFair Technologies Inc fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

19.   NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

20.   STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.

21.   VIOLATIONS

Please report any and all violations of this Agreement to GoFair Technologies Inc as follows:

Mailing Address: GoFair Technologies Inc 8 The Green Suite B Dover, Delaware 19901

Telephone:
Email: hello@gofair.app

22.   GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.

23.   FOREIGN ACCESS OF SITE

The Site is controlled, operated and administered by GoFair from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use GoFair's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

24.   ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.

25,   PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected by the GoFair Technologies Inc Online Privacy Policy (see the full Privacy Policy at https://gofair.app/privacy-policy . As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by GoFair Technologies Inc and/or our subsidiaries and affiliates.