GoghGo, Inc. ("Company" or "we") operates www.gogogh.com ("Website") to foster an on-line knowledge networking community. We allow users of the Website to create profiles to describe their interests, knowledge and expertise in the technology industry. We have adopted these Terms of Use to create a community that is useful, informative and safe. We ask that you respect the Website and other users by following these Terms of Use.

1. Acceptance. By using or visiting this Website, including, without limitation, all Company Content (as defined below) and functionality available through the Website you signify your agreement to be bound by these Terms of Use and the Privacy Policy, incorporated herein by reference and available at www.gogogh.com, whether or not you create an account or enroll as a member. Company may, in its sole discretion, modify these Terms of Use from time to time. Your continued use of the Website constitutes your acceptance of such modifications. Company will post modifications to the Terms of Use on this page and indicate the date of the most recent modification at the top of the page.
2. Eligibility. This Website is intended for users who are eighteen (18) years of age or older. By using the Website, you agree to abide by the terms and conditions of these Terms of Use.
3. Third-Party Websites. This Website may contain links to third-party websites that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, terms and conditions, privacy policies or practices of any third-party websites. Company cannot censor or edit the contents of any third-party website. You hereby release Company from all liability arising from your access to or use of any third-party website.
4. Accounts. To access some of the features of the Website, you will have to create an account. You may never use the account of another person without that person's express permission. When creating your account, you must provide complete and accurate information to Company. You are solely responsible for the activity that occurs on your account and the security of your account information and password. You are solely responsible for promptly notifying Company of any changes to your registration or account information and for keeping your account information up to date. You agree to notify Company immediately of any breach of security or unauthorized use of your account.
   1. User Membership. When you sign up for a Green or Gold account you are automatically enrolled in the Company's membership program and you agree to pay to Company the then-current membership fee applicable to the type of membership you selected. You understand and agree that the membership fee is non-refundable. You may enroll on a yearly basis. The features associated with each membership are available at www.gogogh.com/join. You may terminate your membership and close your account at any time by following the directions on your connect page on the Website. After your termination has been processed by Company, your profile will be removed from the Website and personally identifiable information associated with your account will be erased in accordance with the Privacy Policy.
   2. Payments. Payment for your membership will be processed through a payment gateway provided by Authorize.Net® and secured by a Secured Sockets Layer (SSL) communication protocol.
5. Use of the Website. You understand and agree that your access to and use of the Website is subject to the following terms:
   1. You agree not to copy or distribute the Website in any medium, form or format, now known or later developed, in whole or in part, without the Company’s prior written authorization including, but not limited to, GoGogh Courses and Course modules;
   2. You agree not to alter, modify or reverse engineer any part of the Website, including, without limitation, software programs and applications provided through the Website;
   3. You agree not to sell access to the Website;
   4. You agree not to provide unauthorized access to the Website and the Company Content (as defined below);
   5. You agree not to access or attempt to access any portion of the Website to which you have not been granted access, including, the private account information of other users of the Website;
   6. You agree not to use or launch any automated system, including, without limitation, "robots," "spiders" or "offline readers" that access the Website in a manner that sends more requests to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional online browser;
   7. You agree not to harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited communications;
   8. You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website;
   9. You agree not to upload, post, transmit, share or otherwise make available material that is obscene, pornographic, offensive, discriminatory, false, harmful, harassing, defamatory, libelous or violates the rights of any third-party, including, without limitation, trade secret, patent, copyright, trademark, privacy or publicity;
   10. You agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and
   11. You agree to use the Website in a manner that complies with all applicable local, national and international laws and regulations.
6. Content. The Website, including, without limitation, applications, trademarks, graphics, information, software, scripts, featured courses and interactive features provided by or for Company (individually and collectively, "Company Content") is owned by and the exclusive property of Company, subject to trademark, copyright and other intellectual property laws. You hereby agree that content submitted by each Website user, including, without limitation, text, graphics, sounds, music, videos, podcasts, papers, articles, course materials and photos shall be and remain the submitting user’s exclusive property (individually and collectively, "User Content"). GoGogh Radio™ is hosted by the Company at the Website. However, each GoGogh Radio™ show or program shall be created by a user or other third-party and as such will be treated as User Content. Each user hereby grants to Company a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up, right and license to post, display, copy, modify, transfer and distribute user's User Content on or in connection with the Website. Each user hereby grants to Company a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up right and license to post, display, copy, modify, transfer and distribute the user's name, image, voice and likeness in connection with the Website. Company Content and User Content on the Website are provided to you AS IS, for your information only and may not be uploaded, posted, distributed, transmitted, broadcast, displayed, sold, licensed, modified, republished or otherwise exploited for any purpose whatsoever without the prior written consent of Company for Company Content or the user who owns the User Content, as the case may be You are solely responsible and liable for your profile (including, name, image, voice and likeness), photos, notes, advertisements, messages, listings, videos, music, podcasts, papers, articles, course materials, and other content that you post on or through the Website, transmit, or share with other users of the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of Company Content and User Content. You understand and agree that when using the Website you will have access to User Content and that Company is not responsible for the accuracy, usefulness, safety or intellectual property rights relating to User Content. Under no circumstances will Company be liable for any loss or damage caused by your use of or reliance on information obtained from the User Content.
7. User Content. You represent and warrant that no materials of any kind submitted through your account or otherwise posted, transmitted, distributed or shared by you on or through the Website will violate or infringe upon the rights of any person or entity, including, without limitation, trade secrets, patent, copyright, trademark, privacy, publicity, personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material. You further represent and warrant that all materials submitted through your account are original, have been written or created by you and that you own and have the exclusive right, title and interest in and to such material and to submit the material to the Website. You are solely responsible for creating backup copies of any User Content you post, transmit or share through the Website.
   Company is not responsible for the accuracy or usefulness of any class or course that you take, enroll in or otherwise participate in by or through the Website. Company does not certify or endorse any user as a learning mentor or expert. Company is not responsible for the opinions, advice and analysis of any user, whether or not referred to as a learning mentor or expert. Any professional associations or relationships that you choose to enter into by or through the Website are your sole responsibilities. Any products, services, jobs or events advertised or promoted by or through the Website by a user are not controlled by Company. Company is not responsible for any loss or damage caused by any purported expert, learning mentor, professional association or relationship, product, service, job or event posted by or available through another user on the Website. Company is not responsible for the results and performance of any transactions and/or relationships entered into by or through the Website.
   COMPANY DOES NOT PRE-SCREEN OR APPROVE PROFILES, AND CANNOT GUARANTEE THAT A PROFILE WAS ACTUALLY CREATED BY OR IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A PROFILE. COMPANY is not RESPONSIBLE FOR THE CONTENT OF ANY PROFILE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN IN CONNECTION WITH ANY PROFILE, INCLUDING HOW THE OWNER OF THE PROFILE COLLECTS, HANDLES, USES AND/OR SHARES ANY PERSONAL INFORMATION THAT HE/SHE/IT MAY COLLECT FROM OTHER USERS.
8. Quality Control. Company may conduct periodic audits of the Website, including User Content for quality control purposes. All User Content is subject to audit for compliance with these Terms of Use. In accordance with these Terms of Use, Company may remove or disable access to User Content for any reason. Company may remove, without limitation, multiple, identical postings, articles or other materials, unreadable text, nonsensical postings, articles or other materials or User Content that violates these Terms of Use.
9. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon or violates your copyright, you may submit to our Copyright Agent (as defined below) a notification pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains the following information:
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient for Company to locate the material;
   4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   Company's Copyright Agent is: Ryley, Carlock and Applewhite, One North Central Avenue, Suite 1200, Phoenix, Arizona, 85004, Phone: (602) 440-4817, Fax: (602) 257-6917, Email: rmitchell@rcalaw.com. Please send all notices of claimed infringement to Company's designated Copyright Agent. In accordance with the DMCA, Company will remove or disable access to allegedly infringing material and terminate the accounts of repeat infringers.
   Counter-notification. If an affected user believes that any of such user’s User Content that was removed (or to which access was disabled) is not infringing or if the affected user has authorization from the copyright owner, the copyright owner's agent or pursuant to law, to post and use the content, such user may send a counter notice ("Counter-notification") to Company's Copyright Agent that contains the following information:
   1. The affected user's physical or electronic signature;
   2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
   3. A statement that affected user has a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
   4. The affected user's name, address, telephone number, email address, a statement that the affected user consents to the jurisdiction of the federal courts in Phoenix, Arizona and a statement that the affected user will accept service of process from the person who provided notification of the alleged infringement.
   If Company receives a valid, written Counter-notification, it will restore the affected user’s removed or disabled material after ten (10) business days, but no later than fourteen (14) business days from the date it receives a valid Counter-notification, unless the Copyright Agent first receives notice from the party that filed the original notification of alleged copyright infringement informing Company that such party has filed a court action to restrain the affected user from engaging in infringing activity related to the material in question.
10. Discontinue Use. Company may, in its sole discretion, from time to time, without prior notice: a) discontinue transmitting all or any part of the Website; b) change, discontinue or limit access to the Website and the Rewards Program; or c) if Company reasonably believes that you have breached the Terms of Use, remove or disable access to User Content that violates these Terms of Use, suspend or terminate your use of or access to the Website, your account and the Rewards Program.
    You understand and agree that the Company may, but is not obligated to, review the Website and may delete or remove, without notice, any User Content, in its sole discretion, for any reason, including User Content that in its sole judgment violates the Terms of Use or which might be offensive, illegal or that might violate the rights of others, whether or not users of the Website.
11. Trademarks. GOGHGO, GOGOGH and are trademarks of Company. All rights reserved. All other trademarks appearing the Website are the property of their respective owners.
12. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY: YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, COMPANY CONTENT AND USER CONTENT AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF COMPANY CONTENT, USER CONTENT OR OF ANY SITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN ANY COMPANY CONTENT OR USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY PERSON OR ENTITY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY PERSON OR ENTITY, WHETHER OR NOT A USER OR MEMBER, THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Indemnification. You agree to defend, indemnify and hold harmless Company, its officers, directors, members, managers, employees, contract trainers, content providers, and agents for, from and against any and all claims, damages, obligations, losses, liabilities, judgments, costs, penalties, fees, fines, interest, debt and expenses (including, without limitation, attorneys’ fees and expert witness fees) arising from: a) your use of and access to the Website; b) your violation of any provision of these Terms of Use; and c) your violation of any third-party rights, including, without limitation, any trade secret, patent, copyright, trademark, property, publicity or privacy right. This indemnification obligation shall survive the termination of these Terms of Use and the termination of your use of the Website.
14. Miscellaneous. You agree that: (a) the Website shall be deemed solely based in Arizona; and (b) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Arizona. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of laws principles. The parties agree that the state and federal courts located in Maricopa County, Arizona shall have jurisdiction over any claim or dispute that arises from the Website and that venue in such courts is proper. The parties further agree to waive any objection or defense to jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona. The Terms of Use, together with the Privacy Policy and any other legal notices published by Company on the Website shall constitute the entire agreement between you and Company. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The rights of Company under these Terms of Use shall inure to the benefit of Company, its successors and assigns. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. You and Company agree that any cause of action arising out of or related to the Website must be commenced within one (1) year after the cause of action accrues. Company shall have the right to seek temporary, preliminary and permanent injunctive relief, in addition to, and not exclusive of, any and all other remedies available to Company, against users of the Website to protect Company’s rights under these Terms of Use. Company shall be entitled to seek an award against users of attorneys’ fees, expert witness fees and costs incurred by Company in connection with any dispute arising from or in connection with these Terms of Use.