“By clicking “I agree”, you agree to our Terms of Service, which establishes a contract and includes a binding arbitration clause and class action waiver, and confirm your agreement to abide by our Privacy Policy.”

BY ACCESSING THE GO-STATION MOBILE APPLICATION AND/OR USING THE GO-STATION SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

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Terms of Service

Effective Date: October 1, 2021

IMPORTANT – READ CAREFULLY: These Terms of Service define the relationship between Go-Station, Inc. (“Go-Station”, “We”, “Our”, or “Us”) and You, the individual downloading Our mobile application (the “Go-Station Mobile Application”) and/or registering for the services made available through the Go-Station Mobile Application (“the Go-Station Services”).

You must be at least 18 years old and a U.S. or Canadian resident to use the Go-Station Mobile Application and/or the Go-Station Services. Any other use is strictly prohibited.

Please read these Terms of Service carefully. They include a provision waiving the right to pursue any class, group, or representative claim and requiring You to resolve disputes through arbitration, unless You opt-out within the specified time frame.

By clicking “I agree”, or by downloading, accessing, or otherwise using any part of the Go-Station Mobile Application and/or the Go-Station Services, You acknowledge that You are over 18 years of age; are able to form a binding contract with Us; are not a person barred from receiving services under the laws of the United States or Canada; and agree to be bound by, and strictly adhere to, these

Terms of Service as of the date of Your electronic sign up and agreement to abide by the Terms of Service (the “Effective Date”). If You do not agree to these Terms of Service, do not access or use the Go-Station Mobile Application or the Go-Station Services.

1. Definitions.
   1. “Intellectual Property Rights” means all patents, patent rights, inventions (whether patentable or not), design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, and trade secret rights, and all other intellectual property rights and derivatives thereof.
   2. “Go-Station” refers to Go-Station, Inc. and its officers, directors, owners, employees, agents, representatives, and assigns.
   3. “Go-Station Mobile Application” means the mobile application provided by Go-Station to use in conjunction with the Go-Station Services.
   4. “Go-Station RFID Tag” means the RFID tag provided by Go-Station to use in conjunction with the Go-Station Services.
   5. “Go-Station Services” means the services made available through the Go-Station Mobile Application and/or the Go-Station RFID Tag, which allow users to find an electric vehicle charging station; initiate a charge; pay for charging services through an in-app purchase; and receive promotional offers, loyalty rewards, or other discounts. The Go-Station Services include all related documentation, updates, patches, and upgrades.
   6. “Party” refers to Go-Station or You.
   7. “Parties” collectively refers to Go-Station and You.
   8. “Personal Information” means any identifying information which You submit through the Go-Station Mobile Application, and/or the Go-Station Services.
   9. “Terms of Service” means these Terms of Service.
   10. “We,” “Our,” or “Us” refers to Go-Station.
   11. “You” or “Your” refers to you, the individual signing up.

 

2. Changes to these Terms of Service and/or the Go-Station Services.

Go-Station may, in its sole discretion and without prior notice, revise or modify these Terms of Service at any time by posting the revised Terms of Service with the updated date. Such revisions will be effective immediately upon such posting, and You agree to be bound by such revisions or modifications. The most current version of the Terms of Service will be available through the Go-Station Mobile Application. You are responsible for viewing the Terms of Service periodically. Your continued use of the Go-Station Mobile Application and/or Go-Station Services after a change or modification to the Terms of Service will constitute Your acceptance of the revised Terms of Service. In the event that You do not agree to the updated Terms of Service, Your sole remedy is to discontinue Your use of the Go-Station Mobile Application and the Go-Station Services and to cancel or delete Your account. No amendment or modification to these Terms of Service will be binding unless posted, or in writing and signed by Our duly authorized representative. In addition, Go-Station may, in its sole discretion, update, modify, edit, suspend, restrict access to, limit the availability to any person, geographic area, or jurisdiction, discontinue, or terminate Your access to the Go-Station Mobile Application and/or Go-Station Services at any time, with or without notice, and without liability for any reason or no reason at all. You agree that Go-Station will not be liable to You or any third party for any limitation, disruption, modification, discontinuance, or termination of access to the Go-Station Mobile Application or the Go-Station Services.

3. Privacy Policy and Terms.

Go-Station respects Your privacy and permits You to control the treatment of Your Personal Information, including but not limited to Your name, address, telephone number, e-mail address, and other identifying information. The collection, use, and disclosure, if any, of Personal Information in connection with Your use of Go-Station Mobile Application, and/or Go-Station Services is detailed in Our Privacy Policy. Go-Station’s Privacy Policy is expressly incorporated into these Terms of Service by this reference. You agree that these Terms of Service, together with Go-Station’s Privacy Policy govern Your use of the Go-Station Mobile Application and/or the Go-Station Services, and supersede any proposed or prior agreement, oral or written, and any other communications between the Parties regarding Your access or use of the Go-Station Mobile Application and/or the Go-Station Services.

4. Term and Termination.

These Terms of Service shall begin on the Effective Date and continue to be in force and effect for so long as You use the Go-Station Mobile Application and/or the Go-Station Services, or until Go-Station terminates Your access to the Go-Station Services, and/or otherwise discontinues or terminates the Go-Station Services. Upon termination, You shall cease all use of the Go-Station Mobile Application and the Go-Station Services.

5. Registration and Account Information.

You understand and agree that You must provide the equipment (mobile device) necessary to connect to the Go-Station Mobile Application and the Go-Station Services, at Your own expense. Further, You are solely responsible for any fees, including Internet service/wifi or cellular connectivity, mobile fees, service plans, and/or data fees to access and use the Go-Station Mobile Application and the Go-Station Services. You understand and agree that Go-Station may contact You via in app notifications through the Go-Station Mobile Application.

To access the Go-Station Services, You must create an account by providing complete and accurate information requested on the registration form, including Your email address, Apple id, or Google id. You may also be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of Your password. You may not use the account, username, or password of someone else at any time. You agree to notify Go-Station immediately regarding any unauthorized use of Your account, user name, and/or password. Go-Station will not be liable for any loss that You incur as a result of someone else using Your account, user name, and/or password, either with or without Your knowledge. You may be held liable for any losses incurred by Go-Station due to someone else’s use of Your account, user name, and/or password.

You may be asked to elect to receive email notifications from Us, as well as email promotions. Your election to receive such emails represents your express written consent to receive emails from Go-Station and its partners related to the Go-Station Services, and additional promotional offers. You may opt-out of receiving certain notifications. However, please note that We may still contact You regarding Your account, important Go-Station announcements or notifications, even if You have opted-out from other messages.

The Go-Station Mobile Application provides access to a mapping functionality, which allows You to search for the nearest electric vehicle charging station, and nearby amenities based on Your location. To access charging services, view advertisements, and access loyalty rewards and discounts through the Go-Station Mobile Application, You must register for an account. Please note that additional functionalities of the Go-Station Services will be unavailable to You until You complete Your account profile and provide Your credit card payment method for charging services.

You will have the option to complete Your account profile and provide additional information, including but not limited to a profile picture, Your first name, last name, age range, gender, job, vehicle information (brand, model, year, plug type), and an email address. You may be asked to provide additional information in response to various prompts, such as Your favorite loyalty and rewards program, hobbies, favorite brands, shopping preferences, etc.

To utilize electric vehicle charging services through the Go-Station Services, You must provide Your credit card payment details through the Go-Station Mobile Application, as noted below in Section 6 (“In-App Payments”).

You shall not have more than one account at any given time, and agree to not create an account using any false information, or on behalf of someone else. If You provide any information that is not true, inaccurate, incomplete, or in the event that we have reasonable grounds to suspect the above, We reserve the right to terminate Your account and refuse access to the Go-Station Services.

6. In-App Payments.

The Go-Station Mobile Application is available for download for free. You may sign up for the Go-Station Services for free, using Your email address, Apple id, or Google id.

In-app purchases for charging services may be made via the Go-Station Mobile Application. The Go-Station Mobile Application enables You to save one payment method. You may change Your payment method anytime, including at the time of charging. Any and all payments made through the Go-Station Mobile Services are final and non-refundable. You are responsible for all fees, taxes, and charges related to your use and access of the Go-Station Services, and for providing valid, accurate, and current payment information. Any credit card payment information submitted through the Go-Station Mobile Application and/or the Go-Station Services is stored by Our third party service provider, Braintree, and you consent to the same.

Scanning the QR code of the charging station will display information via the Go-Station Mobile Application regarding the charging station specifics. Please note that the actual pricing for charging services will be dependent on the specific charging station used (which may include Go-Station EV charging stations, in addition to third party charging stations). The amount of electric charge, cost, and charge time will be displayed in the Go-Station Mobile Application.

Rewards earned through the Go-Station Mobile Application may be redeemed for discounts on charging services. Please see additional terms regarding promotions, incentives/discounts, loyalty rewards, or other discounts in Section 7 (“Our Promotions”) below.
In the future, Go-Station may add subscription services, or build in other fees to the Go-Station Mobile Application and/or the Go-Station Services effective immediately upon Your receipt of notice of such change; provided, that, such fee changes will only be effective as to usage of the Go-Station Mobile Application and/or the Go-Station Services that occur after the effective date of the relevant fee change.

7. Our Promotions.

Social Media: Go-Station may make certain promotional codes available through its social media accounts which allow consumers to receive a discount on the Go-Station Services.

In-app: Targeted advertisements will be shown through the Go-Station Services. By agreeing to these Terms of Service, You agree to receive such advertisements through the Go-Station Mobile Application and the Go-Station Services. You may earn incentives/discounts for viewing such advertisements and answering questions about such advertisements. You may also earn loyalty rewards through the Go-Station Services, based upon your frequency of use of the Go-Station Services.

Email: Additional retail promotions may also be sent to You via email, if You agree to receive such promotions via email.

Please note that promotional codes, incentives, discounts, etc. may be used only one time. Please note that all promotions expire. Further, promotions are applicable only while supplies last. Promotions, loyalty rewards, or other discounts offered by Go-Station have no dollar value. Go-Station reserves the right to deactivate or discontinue promotions, incentives/discounts, loyalty rewards, or other discounts offered at any time. Please note that the Go-Station Services may include third party advertisements, promotions, incentives, and discounts. As noted below in Section 10, Go-Station has no control over the accuracy, performance, or availability of such third party advertisements, promotions, incentives, and discounts, which are exclusively controlled and offered by the respective third parties. There is no cash equivalent for any such promotions, loyalty rewards, or other discounts offered through the Go-Station Services.

8. Limited License.

Subject to Your compliance with these Terms of Service, Go-Station grants You a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to install one copy of the Go-Station Mobile Application per Apple or Android OS device that You own or control, and to access and use the Go-Station Services. Further, Your use of the Go-Station Services shall be only as permitted by the applicable Terms of Use for the Apple Store, Google Play App Store, Amazon App Store for Android, and/or any other app store through which it is made available. With the exception of this limited license, You understand that there is no grant of any right, title, or interest in the Go-Station Mobile Application and/or the Go-Station Services. All rights not specifically granted under this license are reserved by Go-Station You hereby acknowledge that Your license to use the Go-Station Mobile Application and/or Go-Station Services is limited by these Terms of Service, and, in the event of any breach of these Terms of Service, that Go-Station may immediately terminate Your license. In the event that the Go-Station Mobile Application and/or Go-Station Services, or any part thereof, are illegal, or determined to be illegal, under the laws of the country in which You are situated, You must refrain from using such. Persons who choose to use the Go-Station Mobile Application and/or the Go-Station Services from other countries outside of the United States do so on their own initiative, and are responsible for compliance with their local laws.

9. Your Responsibilities; Representations and Warranties.

To the extent that any advertisements, offers, discounts, or other materials are made available to You through the Go-Station Mobile Application and/or the Go-Station Services, You acknowledge that Your use of such will be in accordance with these Terms of Service. Any use or reliance on any such advertisements, offers, discounts, or other materials is at Your own risk. Go-Station does not endorse, support, represent, warrant, or guarantee the accuracy or reliability of any such advertisements, offers, discounts, or underlying goods/services, promoted through the Go-Station Mobile Application and/or the Go-Station Services. You will not engage in any activities in or through the Go-Station Mobile Application and/or the Go-Station Services that are illegal, infringing, defamatory, obscene, offensive, or otherwise objectionable.

When accessing and/or using the Go-Station Mobile Application and/or the Go-Station Services, You hereby represent and warrant that You will comply with all U.S. and foreign laws, rules, regulations, and industry standards and guidance applicable to Your use of such. You further represent and warrant that all information that You provide to Us is accurate and truthful.

Go-Station imposes certain restrictions on Your use of the Go-Station Mobile Application and/or the Go-Station Services. You further represent and warrant that You shall not and shall not permit, encourage, facilitate, or support the following activities:

1. make false or misleading statements, including but not limited to those regarding Your affiliation with any person or entity, or use or provide any false, fraudulent, misleading, or inaccurate information to Us;
2. copy or create derivative works of the Go-Station Mobile Application or the Go-Station Services, or otherwise infringe Go-Station’s Intellectual Property;
3. copy or create derivative works of any of the links, offers, or other materials belonging to third parties, or otherwise infringe third party Intellectual Property;
4. use the Go-Station Mobile Application or the Go-Station Services in violation of any applicable laws and regulations;
5. use the Go-Station Mobile Application or the Go-Station Services in violation of any third party rules, terms, policies, and any subsequent updates thereto, including by not limited to any social media and/or network site(s);
6. sell, rent, lend, lease, license, sub-license, distribute, transfer, or otherwise allow third party access to any portion of the Go-Station Mobile Application or the Go-Station Services, including, but not limited to, by sharing Your username and/or password;
7. violate or attempt to violate any security features of the Go-Station Mobile Application or the Go-Station Services;
8. access content or data not intended for You, or log onto a server or account that You are not authorized to access;
9. attempt to probe, scan, or test the vulnerability the Go-Station Mobile Application or the Go-Station Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
10. interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus through the Go-Station Mobile Application or the Go-Station Services, overload, “flood,” “mail bomb,” or “crash”;
11. use, post, transmit, or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Go-Station Mobile Application or the Go-Station Services;
12. modify, remove, disable, or circumvent any proprietary notices or labels, copyright, logo, trademark, or any other intellectual property notices contained on or within the Go-Station Mobile Application or the Go-Station Services; or
13. attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to provide the Go-Station Mobile Application or the Go-Station Services.

Any violation of the above responsibilities and restrictions shall constitute a breach of these Terms of Service, and Go-Station shall have the ability to terminate Your access to the Go-Station Mobile Application or the Go-Station Services. Further, violations may subject You to civil and/or criminal liability. You agree that a breach of these Terms of Service, including the license granted hereunder, will cause the risk of irreparable injury to Go-Station, for which monetary damages would not be an adequate remedy and that Go-Station shall be entitled to seek equitable relief, in addition to the other remedies it may have under applicable law.

10. Third Parties.

If You download or access the Go-Station Services from a third party platform or app store, including but not limited to the Apple Store, Google Play App Store, or Amazon App Store for Android, You must comply with the applicable third party’s terms. Please note that You may need to update third party software to access the Go-Station Services. The Go-Station Services may include third party advertisements, promotions, incentives, and discounts. Go-Station has no control over, and no liability for such third party materials, including but not limited to the accuracy, performance, or availability of such. Further, the Go-Station Mobile Application, and/or the Go-Station Services may contain links to third party websites, or provide a means of access to interact with third party applications that are not owned nor controlled by Go-Station. Go-Station has no control over, and no liability for any third parties, third party websites, or materials. Go-Station may work with third party advertisers whose websites may be linked through the Go-Station Mobile Application and/or the Go-Station Services. Go-Station has no control over the content and performance of these third party sites and therefore Go-Station makes no guarantees about the accuracy, currency, content, or quality of the information provided by such third party sites. Go-Station assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on such third party sites. Further, certain of Your Personal Information may be stored on third party platforms, including any payment details for in-app charging payments. You are responsible for reading the terms of use and privacy policies of third parties. Go-Station is not affiliated with any third party that You may link to or access through the Go-Station Mobile Application and/or the Go-Station Services. You expressly agree to indemnify Go-Station from any claims You may have against a third party that You linked to or accessed through the Go-Station Mobile Application and/or the Go-Station Services.

11. Use of Identifying Information.

You acknowledge and agree that if We reasonably determine that disclosure of identifying information, or other Personal Information, is necessary to comply with any law, rule order, subpoena, civil or criminal investigative request or demand, discovery request or any other legal requirement, or in response to a complaint or inquiry, that We may disclose such information to comply with such request.

12. Intellectual Property Ownership.

You acknowledge and agree that Go-Station owns all right, title, and interest in and to the Go-Station Mobile Application and the Go-Station Services, including, without limitation, any derivatives, improvements, enhancements or extensions conceived, reduced to practice or otherwise developed by Go-Station, together with all Intellectual Property Rights relating thereto. Go-Station owns the rights to all text, graphics, user interfaces, visual features, functionalities, features, and code contained in the Go-Station Mobile Application and/or the Go-Station. Go-Station also expressly reserves any and all rights not expressly and explicitly granted in these Terms of Service, including, but not limited to, its right to enter into other agreements with other users regarding the Go-Station Services. These Terms of Service are not a sale and do not convey any rights to You, including any rights of ownership in the Go-Station Services. Your rights hereunder are strictly limited as set forth herein. You acquire no right, title, or interest therein other than the right to use the Go-Station Services in accordance with these Terms of Service. You hereby assign to Go-Station all right, title and interest in and to any improvements, enhancements, derivations or modifications to the Go-Station Mobile Application and/or the Go-Station Services developed, in whole or in part, as a result of Your use of such or any ideas, suggestions, feedback, comments, or reports received from You.

13. Confidentiality.

You acknowledge that the Go-Station Mobile Application and/or the Go-Station Services contain valuable trade secrets and confidential information, including but not limited to, the architecture and functionality, and the appearance, organization, design, content, and flow of such. Except as otherwise specified herein, You agree not to share, disclose or transfer, and not to permit a third party to share, disclose or transfer any of Go-Station’s confidential information.

14. Indemnification.

You will indemnify, defend, and hold harmless Go-Station (including the Released Parties defined below) from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) Your breach of these Terms of Service, including but not limited to any breach of representations and warranties; (b) a claim by a third party alleging that Your use of the Go-Station Mobile Application and/or the Go-Station Services violates any applicable law; (c) any other claim arising out of or related to Your use of the Go-Station Mobile Application and/or the Go-Station Services; (d) Your violation of any applicable law or regulation or right of a third party; and (e) Your acts and omissions. You further agree to reimburse Go-Station for any costs (including its attorney’s fees) incurred in receiving, managing, and/or responding to any claim arising out of or related to Your use of the Go-Station Mobile Application and/or the Go-Station Services, and You agree to cooperate with Go-Station and its requests. Go-Station reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

15. Disclaimer.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES ARE AT YOUR SOLE RISK. THE GO-STATION MOBILE APPLICATION AND THE GO-STATION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES AS TO RELIABLILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, TITLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GO-STATION DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT YOU MAY OBTAIN BY USING THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES. GO-STATION DOES NOT WARRANT THAT ACCESS TO OR USE OF THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GO-STATION DOES NOT WARRANT THAT THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THE SERVICES FROM LOCATIONS HWERE SUCH ACTIVITY IS ILLEGAL IS PROHIBITED. IF YOU CHOOSE TO USE THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES FROM OTHER LOCATIONS, YOU DO SO AT YOUR OWN RISK AND SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS. GO-STATION DOES NOT WARRANT THAT THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR INTERACTIONS WITH THIRD PARTIES ARE SOLELY AT YOUR OWN RISK.

16. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS GO-STATION, INC. AND ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, AND ASSIGNS (THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, LOSS, HARM, DAMAGE, INJURY, COST, OR EXPENSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE AND PERSONAL INJURY, WHICH MAY OCCUR, IN WHOLE OR IN PART, DIRECTLY, OR INDIRECTLY, IN CONNECTION WITH YOUR USE OF THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES, AS WELL AS FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO ANY PROPERTY OR EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF GO-STATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GO-STATION WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING FROM YOUR USE OF THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES, OR THE RELATIONSHIP OF THE PARTIES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GO-STATION’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GO-STATION MOBILE APPLICATION AND/OR THE GO-STATION SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GO-STATION SERVICES AND UNINSTALL THE GO-STATION MOBILE APPLICATION.

18. Export Control.

You acknowledge that the Go-Station Services are or may be subject to export laws and regulations of the United States and the destination country(ies) and any use or transfer of such must be authorized under all applicable laws. You represent and warrant, and agree to comply with the export laws and regulations of the United States, and agree to not use the Go-Station Services if You are located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting country”, or if You are listed on any U.S. government list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department’s list of Specially Designated Nationals List. You represent and warrant that You are not: (i) currently identified on the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”)’s list of Specially Designated Nationals and Blocked Persons List and/or on any similar list maintained by the OFAC pursuant to any authorizing statute, executive order, or regulation; (ii) a person or entity with whom a citizen of the United States is prohibited from engaging in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or executive order of the President of the United States; (iii) engaged in any activity or conduct that would breach any anti-corruption laws or anti-money laundering laws; or (iv) currently under investigation by any governmental authority for alleged criminal activity relating to the OFAC, Patriot Act offenses, anti-corruption laws, or anti-money laundering laws.

19. Notice.

Go-Station may give notice to You under these Terms of Service by means of notifications through the Go-Station Mobile Application, and/or via email sent to Your email address provided at the time of Your sign-up for the Go-Station Mobile Application and/or the Go-Station Services. Notice may be given to Go-Station via email at Support@Go-Station.com.

20. Force Majeure.

Neither Party shall be liable for any delays or any failure in performance under these Terms of Service due to causes beyond the reasonable control of the non-performing or delayed Party. Such delays include, but are not limited to, fire, explosion, pandemic, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed Party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the non-performing or delayed Party.

21. Relationship of Parties.

The Parties are independent contractors and nothing in these Terms of Service shall be construed as creating a partnership, joint venture, fiduciary, employment, or agency relationship between the Parties. No exclusive relationship exists between the Parties. Neither Party shall be entitled to contract on behalf of the other or bind the other Party in any way.

22. Assignment.

These Terms of Service may not be assigned by You. Go-Station may assign these Terms of Service without Your consent to: (i) a parent or subsidiary; (ii) an acquirer of assets or equity; or (iii) a successor in interest by merger. Any purported assignment in violation of this Section will be void.

23. Governing Law, Arbitration, and Class Action Waiver.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflict of laws. Except for injunctive relief claims, any and all controversies and disputes arising out of or related to Your use of the Go-Station Mobile Application and/or the Go-Station Services, and/or these Terms of Service, and/or their interpretation, making, performance, breach, validity or termination thereof, shall be settled by binding arbitration in Houston, Texas by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Arbitration hereunder shall be conducted by one neutral arbitrator appointed by the AAA. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. Any disputes, including any threshold disagreement about the arbitrability of any claim, shall be delegated to the arbitrator (and not a court). At the request of either Party, the arbitrator will enter an appropriate protective order to maintain the confidentiality of information produced or exchanged in the course of the arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each Party shall bear its own costs and expenses, including its own attorney’s fees, and an equal share of the arbitrator’s fees and administrative fees of arbitration. The arbitrator shall not determine or award any alternative allocation of costs and expenses, including any attorney’s fees. In the event that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of these Terms of Service shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS WIDE ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Go-Station Mobile Application, the Go-Station Services, and/or these Terms of Service must be brought within one (1) year after such claim or cause of action arose or be forever barred. Any action filed by either Party in any court in violation of this Section should be dismissed pursuant to this Section. You shall have thirty (30) days to opt out of the arbitration and class action waiver provisions contained in this Section. After thirty (30) days, these terms of this Section hereby become final and binding.

24. Severability.

Each provision of these Terms of Service is intended to be severable and the validity, legality, or enforceability of any provision shall not affect the validity, legality, or enforceability of the remainder of these Terms of Service. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.

25. Survival.

The above “Intellectual Property Ownership,” “Your Responsibilities; Representations and Warranties,” Indemnification,” “Disclaimer,” “Limitation of Liability,” and “Governing Law, Arbitration, and Class Action Waiver” sections shall survive any termination or expiration of these Terms of Service.

26. Waiver.

The failure of either Party to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Party in writing.

27. E-Sign Consent.

By clicking the “I agree”, You adopt such as Your electronic signature, and consent and agree that Go-Station may provide You with electronic communications and disclosures (collectively, “Communications”) via email at Your email address provided at the time of Your sign-up for the Go-Station Services, via in app notifications through the Go-Station Mobile Application; and that Your electronic signature on agreements and documents has the same effect as if You signed them in writing. If You wish to revoke/withdraw Your consent at any time, please delete the Go-Station Mobile Application and cease further use of the Go-Station Services. Withdrawal of Your consent may result in termination of Your access to the Go-Station Mobile Application and the Go-Station Services. Any withdrawal will be effective only after a reasonable period of time for Us to process the withdrawal. As noted above, You are responsible for providing Us with true and accurate information, including Your contact information. To access and retain the Communications, the following are required: computer or mobile device with access/use of the internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; a supported internet browser; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper form. Please contact Us to request a paper copy of any Communications at no charge. A request will not be treated as a withdrawal of consent to receive electronic Communications.

28. Entire Agreement.

These Terms of Service, together with the Privacy Policy, comprise the entire agreement between the Parties and replace and supersede all prior or contemporaneous negotiations, discussions or agreement, whether written or oral, between the Parties regarding the subject matter contained herein.

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