Terms and Conditions of Service
End-User License Agreement (Agreement)
Go Polly is proudly operated by Go Polly LLC. The terms ‘ us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Go Polly and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘ yourself’ refer to you, a user/visitor/browser of our Site and App, whether registered under an account or not.
If you continue to browse and use Go Polly, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Go Polly’s relationship with you in relation to the Site and the App, along with any products and services offered thereby (collectively, the “Service(s)”).
You hereby acknowledge and agree that these Terms are concluded between you and Go Polly only, and not with Google Inc. or Apple Inc. Henceforth, Go Polly is solely responsible for the Site and the App and the content thereof. These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s terms of service.
Go Polly reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site, the App and the Services, at any time and without notice. Any changes to these Terms will be displayed in the Site, and we may notify you through the App or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Go Polly provides a suite encompassing two main functionalities: (i) a mobile app where users can post questions in the form of polls so they can be answered by other users, allowing the user to send the results to others; and (ii) a social media platform where users who participate in the polls can see each others’ location, send contact requests and share messages, photographs, videos, audio and other content.
If you have any questions or complaints regarding the App, the Site or the Services, please contact us as indicated in our contact web page. We also offer live-chat services where you will be able to chat with one of our customer agents in order to express your queries. Of course, you can also email us. We will undertake our commercially reasonable efforts in order to respond as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.
Go Polly is free to download and use. We may offer certain paid functionalities, such as subscriptions and in-app purchases. By selecting a subscription tier (as indicated in the Site/App), you agree to pay us the subscription fees indicated in the App and Site (e.g. weekly, monthly or per batch of plays). Payments will be charged on a pre-paid basis on the day you sign up and will cover the use of the Services for the indicated period.
Your subscription will be renewed automatically unless you notify us seven (7) days before the end of the then-applicable subscription period. If you do not choose to pause or cancel your subscription, your subscription will automatically renew and by that action you authorize us to charge you the then-applicable subscription fee. All outstanding invoices must be paid within seven (7) days. Please take into account that accounts in arrears and payments denied by third party processors will result in Service suspension.
You can elect to cancel your subscription at any time, by accessing your account and following the necessary steps. If you cancel your current subscription during the active period, you will be able to use the paid functionalities of the Services until the period ends. As a general rule, we offer no refunds on paid fees.
You must provide us valid and current billing information. Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
You hereby authorize us the charging of your credit card or payment processing account. In connection thereto, we will submit period charges without further authorization from you, and such authorization shall remain effective until the subscription is cancelled by you.
We use a Stripe, a worldwide accepted third-party payment processor to bill you through a payment account linked to your account on the App or Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processor. Go Polly is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
Account Registration and Security.
In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information. You hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account.
Your access to Go Polly is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent. You are solely responsible for the activity that occurs in your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.
Account Suspension, Termination.
Go Polly encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account and/or any event, upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use Go Polly, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the App and use of our Services.
Go Polly encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Go Polly does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may not use the App or the Site, even under the direct supervision of your parent or legal guardian. Go Polly does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto.
Access to Go Polly.
If you transfer or sell your authorized device to another person, you have to close your session with Go Polly and delete your copy of the App. You may not transfer or assign any of your rights under these Terms.
Only a copy of the App subject to a valid license from Go Polly can be used to access the Services, and to download updates and patches. You may not interfere with any access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly and these Terms will terminate immediately, and henceforth Go Polly will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
The App requires an Internet connection to access some or part of its features and functionalities, to authenticate the App, to sign-in or otherwise to perform other functions.
In order for certain features of the App to operate properly, you may be required to have and maintain a: (i) valid and active account with a wireless mobile data service; (ii) modern, fast and adequate mobile device with the required specifications in order to run the App; and/or (iii) valid and active credit or debit card or payment processing platform account. If you do not have such items, then the App or certain features thereof may not operate, be available or cease to function properly, either in whole or in part, and therefore Go Polly will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
As used herein or within the App, ‘Open Source’ shall mean open source software provided within the App that is licensed or sub-licensed to you under the terms and conditions of the applicable license agreements or copyright notices included within such Open Source component.
These Terms does not apply to nor govern any Open Source accompanying the App and Go Polly hereby disclaims any and all warranties, representations and liability to you or any third party related thereto.
As our user, you agree to not undertake, motivate, or facilitate the use or access of Go Polly in order to:
a. Infringe these Terms, or allow, encourage or facilitate others to do so.
b. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
c. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
d. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
e. Ask other users to conceal the identity, source, or destination of any illegally gained money or products.
f. Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
g. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
h. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Go Polly or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
i. Use Go Polly to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
j. Undertake any action that will or may cause an unreasonable load on Go Polly’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Go Polly.
k. Intercept or monitor activity via our Services without our express authorization.
l. Otherwise reverse engineer, decompile or extract the proprietary code of Go Polly.
You are solely responsible for your activities and any you post, transmit or otherwise make available via our Services.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our Services.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete items, products, services and user generated content that would be interpreted or considered offensive or spam.
You must immediately respond to any notice you receive claiming that your user generated content violates a third party’s rights, including notices under the Digital Millennium Copyright Act (‘DMCA’), and take corrective action, which may include but is not limited to promptly removing any such user generated content.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to Go Polly and our Services, without refund or reimbursement on our part. Miami Connects may terminate or suspend your subscription and/or membership for our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Go Polly are the property of –or otherwise are licensed to– Go Polly or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Go Polly or our Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Go Polly and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
You hereby acknowledge and agree that, in the event of any third party claim that the App infringes any third party’s intellectual property rights, Go Polly, and not Google Inc. or Apple Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Licenses for Go Polly.
Limited License . Go Polly grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the App, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the App and our Services, in whole or in part. Go Polly does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the App, in whole or in part.
User Generated Content License . You also hereby grant Go Polly an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to Go Polly via the App, the Site or the Services. The aforementioned license shall be for the use and exploitation by Go Polly through the Internet and other communication means, including the right to use, reproduce, distribute, create derivative works from, modify and disseminate any content, in order for Go Polly to provide its Services. You represent and warrant to Go Polly that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Go Polly as set forth herein.
Open Source License . Part of the computer code incorporated into the App, Site or Services may be licensed by third parties under "open-source" or "public-source" software licenses. Henceforth, any and all open source software thereinto is not licensed under these Terms, but instead licensed under the respective open source software licenses.
Feedback . You hereby grant to Go Polly, an unlimited, non-exclusive, assignable, transferable, sublicensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us regarding the App, the Site and/or the Services.
App Store Terms
These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or that otherwise are in conflict with, Google’s or Apple’s app stores terms of service.
Go Polly, and not any such third party app store provider, shall be solely responsible for the App and any and all content thereof. Go Polly is solely responsible for the App, the Services and the content thereof.
Go Polly is solely responsible for providing any maintenance and support services with respect to the App, and neither Apple nor Google have any obligation to furnish any maintenance and support services thereof.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price for the App only (if any); and, to the maximum extent permitted by applicable law, neither Apple nor Google will have other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Go Polly’s responsibility.
You hereby acknowledge and agree that Apple and Google (and their affiliates), are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries thereof.
Representations and Warranties
You hereby represent, warrant and covenant that: (i) your use of our App, Site and Services and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide all your data to Go Polly and its affiliates, licensors and agents and to grant the rights granted to Go Polly in these Terms; and (iii) your data and its transfer to and use by Go Polly and its affiliates, licensors and agents as authorized by you under these Terms shall not violate any export control and electronic communications regulations the rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our App; or (iii) Go Polly begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion of the App; (ii) access termination or access revocation for our Services or the Site; (iii) Go Polly's termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Go Polly to you from time to time; or (v) Go Polly’ decision to make the Site or Services no longer available for use, at its sole and final discretion.
Termination by you without cause
You may terminate your subscription at any time, by either: (i) terminating your subscription term for the Services; or (ii) permanently making inaccessible any and all instances of our Services for which you have access.
Termination for cause by Go Polly
These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature.
Third Party Links
From time to time, the Site, the App and/or the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.
From time to time, we may place ads and promotions from third party sources in the Site, the App and/or the Services. Accordingly, your participation or undertakings in promotions of third parties other than Go Polly, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Go Polly is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.
By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Digital Millennium Copyright Act (‘DMCA’) Notice
For DMCA Takedown Notices and alleged intellectual property rights infringement within Go Polly, you can get in touch with us as indicated in our contact section. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.
You must notify us of your claim with subject: "Takedown Request". Once received, Go Polly will study and consider your claim and, if it believes or has reason to believe any content on Go Polly that infringes on another’s copyright, Go Polly may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying Go Polly and its affiliates that your copyrighted material has been infringed.
Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Neither Go Polly, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site or the App Polly will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Go Polly or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site and App have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
To the fullest extent permissible under applicable law, the Site and the App are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Go Polly, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.
The entire risk of satisfactory quality and performance resides with you. Go Polly, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
Disclaimer of Damages
In no event shall Go Polly, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site or the App, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Go Polly, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability
In no event shall Go Polly’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount. These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.
For purposes of this limitation of liability, Go Polly’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
As our user, you hereby acknowledge and agree that Google Inc. and Apple Inc., and their affiliates and subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions hereof, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
You hereby agree and acknowledge to indemnify, hold harmless, and defend Go Polly, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Go Polly’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Go Polly’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Go Polly); and/or (ii) any third party claim arising out of or in relation to the Site or the App or use thereof in combination with your business platform, including without limitation, any claim that the Site or the App violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Events outside of our Control.
In no event shall Go Polly be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, force majeure, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Go Polly shall use reasonable commercial efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
We may support the App, the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the App, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding certain advertisement opt-out.
From time to time, our Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our App, Site and our services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
Assignment . These terms will inure to the benefit of any successors of the parties.
Content Moderation . Go Polly hereby reserves the right, at its sole and final discretion, to review any and all content delivered into Go Polly, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.
Entire Agreement . These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Equitable remedies : You hereby acknowledge and agree that if these Terms are not specifically enforced, Go Polly will be irreparably damaged, and therefore you agree that Go Polly shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Export Controls . You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export services in violation of any such restrictions, laws or regulations. You represent and warrant to Go Polly that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction.
Newsletters . The App and the Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
No Spam . We will not tolerate, and we will not allow others to undertake though our Services, the app and/or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’). Any commercial electronic communication that you receive from us, our business partners, licensors, suppliers and affiliates will require your prior consent to such communication.
No Waiver . Failure by Go Polly to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship . You and Go Polly are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices . All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability . If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Taxes . You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
No Waiver . Failure by Go Polly to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Product claims . You acknowledge and agree that Go Polly, and, not Google Inc. or Apple Inc., is responsible for addressing any claims of you or any third party relating to the App in your use or possession, including, but not limited to: (i) product liability claims; (ii) any maintenance and support services; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection.
Applicable Law, Waiver, Dispute Resolution
Waiver of Class Actions, Non-Individualized Relief . You acknowledge and accept that claims brought against Go Polly shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Go Polly, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial . The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
Applicable Law . Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Ohio, United States of America, without regard to conflict of law principles.
Arbitration Procedure . In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.
Any arbitration shall be managed by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted in the English language in the City of Columbus, State of Ohio, United States of America in accordance with the provisions set forth in the Rules of the AAA. The arbitral tribunal shall comprise of one (1) arbitrator, appointed by the AAA, who shall preside the arbitral tribunal. The arbitrator’s decision will follow these Terms and will be final and binding.
The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, costs, and disbursements in doing so. The unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
If you bring a dispute in a manner other than in accordance with this section, you will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
End-User License Agreement ("Agreement")
Last updated: March 12, 2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using GO POLLY, GO CONNECT & gopolly.com ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and GO POLLY LLC and it governs your use of the Application made available to you by GO POLLY LLC.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by GO POLLY LLC for use strictly in accordance with the terms of this Agreement.
GO POLLY LLC grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
copy or use the Application for any purpose other than as permitted under the above section 'License'.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of GO POLLY LLC or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of GO POLLY LLC.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to GO POLLY LLC with respect to the Application shall remain the sole and exclusive property of GO POLLY LLC.
GO POLLY LLC shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
GO POLLY LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
GO POLLY LLC may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that GO POLLY LLC has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that GO POLLY LLC shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. GO POLLY LLC does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or GO POLLY LLC.
GO POLLY LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from GO POLLY LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of GO POLLY LLC's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold GO POLLY LLC and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, GO POLLY LLC, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, GO POLLY LLC provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither GO POLLY LLC nor any GO POLLY LLC's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of GO POLLY LLC are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of GO POLLY LLC and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall GO POLLY LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if GO POLLY LLC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The Application and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
GO POLLY LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Ohio, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between you and GO POLLY LLC regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and GO POLLY LLC.
You may be subject to additional terms and conditions that apply when you use or purchase other GO POLLY LLC's services, which GO POLLY LLC will provide to you at the time of such use or purchase.
If you have any questions or queries about us, the Site, the App, our Services or these Terms, please contact us as indicated in our contact page: www.gopolly.com/contact.
Date of last effective update is 2017.