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Terms of Service

Effective as of January 20, 2023

Terms and Conditions

Agreement between User and AGORA GOGO

Welcome to AGORA GOGO. AGORA GOGO software or the “app” or the “services” is comprised of various services operated by AGORA GOGO LLC ("AGORA GOGO"). AGORA GOGO is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms" or “Terms and “Conditions”). Your use of AGORA GOGO constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
AGORA GOGO is a commission-based, e-commerce site that allows teachers to provide educational services and collect funds from students through third-party payment processing.

Electronic Communications

Visiting AGORA GOGO or sending emails to AGORA GOGO constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website and app, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AGORA GOGO is not responsible for third party access to your account that results from theft or misappropriation of your account. AGORA GOGO and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

AGORA GOGO does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use AGORA GOGO only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

AGORA GOGO may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of AGORA GOGO and AGORA GOGO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AGORA GOGO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AGORA GOGO of the site or any association with its operators.
Certain services made available via AGORA GOGO are delivered by third party sites and organizations. By using any product, service or functionality originating from the AGORA GOGO domain, you hereby acknowledge and consent to their terms of use and privacy policies.

AGORA GOGO uses thirdpary providers Stripe and Paypal to process payments and handle sensitive payment data.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use AGORA GOGO strictly in accordance with these terms of use. As a condition of your use of the App, you warrant to AGORA GOGO that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the AGORA GOGO or interfere with any other party's use and enjoyment of our services.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through AGORA GOGO.

All content such as text, graphics, logos, images, as well as the compilation thereof, and any software is the property of AGORA GOGO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

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

Use of Communication Services

AGORA GOGO software may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

AGORA GOGO has no obligation to monitor the Communication Services. However, AGORA GOGO reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AGORA GOGO reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever or no reason.

AGORA GOGO reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AGORA GOGO's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AGORA GOGO does not control or endorse the content, messages or information found in any Communication Service and, therefore, AGORA GOGO SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICES. Managers and hosts are not authorized AGORA GOGO spokespersons, and their views do not necessarily reflect those of AGORA GOGO.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to AGORA GOGO or Posted on Any AGORA GOGO Web Page

AGORA GOGO does not claim ownership of the materials you provide to AGORA GOGO (including feedback and suggestions) or post, upload, input or submit to any AGORA GOGO or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AGORA GOGO, our affiliated companies and necessary sublicensees free permission to use your Submission in connection with the operation of their Internet businesses including via a non exclusive, irrevocable, perpetual, royalty-free license, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. AGORA GOGO is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AGORA GOGO's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

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

Indemnification

You agree to indemnify, defend and hold harmless AGORA GOGO, its members, owners, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use AGORA GOGO or its services, any user postings or Submissions made by you, your violation of any terms of this these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations or any negligent act or omission by you. AGORA GOGO reserves the right, at your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AGORA GOGO in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Spartanburg County, South Carolina. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and AGORA GOGO agree otherwise, a judge or arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND AGORA GOGO IS NO LIABLE FOR SAME. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AGORA GOGO LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGORA GOGO LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH AGORA GOGO SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGORA GOGO LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.
Prohibited Actions

You agree not to break any laws, contracts, intellectual property rights, or other rights of third parties; to refrain from torts; and to be totally accountable for your actions while using AGORA GOGO. Interact with others on the platform with humility, kindness and authenticity.

You commit to abiding by these terms of service and the AGORA GOGO community guidelines and promise not to:

  • Not to generate, publish, transmit, distribute, or store any information that is false, illegal, invasive of another's privacy, pornographic, harassing, abusive, threatening, inflammatory, or otherwise objectionable;

  • Not to forge another person's digital signature, access another person's AGORA GOGO account without authorization, impersonate any person or entity, falsely claim to be associated with any person or entity, misrepresent the source, identity, or content of information transmitted via AGORA GOGO, or engage in any other similar fraudulent behavior.

  • Not to send junk mail or spam to AGORA GOGO users, including without limitation, unsolicited advertising, promotional materials, or other solicitation material; mass mailings of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the aforementioned things related to promotional giveaways (such as raffles and contests); and other similar activities;

  • Not to steal or gather other users' email addresses or other contact details from AGORA GOGO.

  • Not to use the AGORA GOGO to harass, abuse, threaten, or swindle users, or to gather or attempt to collect personal data about users or third parties without their permission;

  • AGORA GOGO security features or user content may not be altered, removed, disabled, damaged, or in any other way interfered with.

  • AGORA GOGO's source code may not be attempted to be reverse-engineered, decompiled, disassembled, or in any other way, unless and only to the extent that such activity is specifically authorized by the law of your place of residence;

  • Users are not allowed to alter, translate, or produce any derivative works based on AGORA GOGO Services or any of its components, unless and only to the extent that such action is specifically authorized by relevant law;
  • Users are prohibited from using any method, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other harmful programming, to interfere with or harm the functioning of AGORA GOGO Services or any user's enjoyment of them;

  • Users cannot relay email from a third party’s mail servers without permission from that third party;

  • Users are not allowed to use any robots, spiders, scrapers, crawlers, or other automated means to access any website, server, software application, or other computer resource owned, used, and/or licensed by AGORA GOGO, or to get around any filters or other security measures the company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by AGORA GOGO;

  • Users are prohibited from using identifiers to hide the source of any Submissions, posted material, or user content (“collectively User Content”) sent through AGORA GOGO Services;

  • Users are not permitted to use AGORA GOGO in any way that might interfere with, disrupt, adversely affect, or prevent other users from fully enjoying AGORA GOGO Services.

  • Users are not permitted to use or attempt to use another user's account without that user's and AGORA GOGO's consent.

  • Users are not allowed to attempt to go around any content screening measures we take or access any portion of AGORA GOGO Services or service that they are not permitted to access;

  • Users may not make any attempt to imply, without our prior written consent, that we are connected to them or that we support them or any goods or services in any way;

  • Users are prohibited from using the AGORA GOGO Services in a way that is against local, state, federal, or international law or regulation, including but not limited to laws pertaining to privacy, data protection, and the protection of intellectual property and other proprietary rights.

To the fullest extent permitted by law, AGORA GOGO disclaims all liability and responsibility for any loss or damage caused by any User Content, as well as any errors, defamation, slander, libel, omissions, false statements, obscenity, pornography, or profanity you may come across while using AGORA GOGO Services. The AGORA GOGO Services are used at the user's own risk. Additionally, these rules do not grant any third party a private right of action or a legitimate expectation that the AGORA GOGO Services won't contain any content that is against the rules.

Any claims made in user content are not the responsibility of AGORA GOGO. AGORA GOGO expressly disclaims any and all liability in relation to User Content, including opinion, recommendation, or advice stated therein. AGORA GOGO reserves the right to remove, screen, or edit any User Content posted or stored on the AGORA GOGO Services at any time and without prior notice, including when such User Content violates these Terms of Service or applicable law.


Termination/Access Restriction

AGORA GOGO reserves the right, in its sole discretion, to terminate your access to services or any portion thereof at any time, without notice. This agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in Spartanburg County, South Carolina in all disputes arising out of or relating to the use of AGORA GOGO.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AGORA GOGO as a result of these Terms or use of the Services or App.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified herein, these terms constitute the entire agreement between the user and AGORA GOGO with respect to services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AGORA GOGO. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Payments

Any payments made through the app to users or instructors is voluntary and are made directly to each individual via third-party payment providers. In addition, AGORA GOGO may or will take a commission of up to 10% for services. By making a payment on the platform, you are consenting to these terms.

Changes to Terms

AGORA GOGO reserves the right, in its sole discretion, to change the Terms under which AGORA GOGO is offered. The most current version of the Terms will supersede all previous versions and your continued use of the Services shall constitute your acceptance of same. AGORA GOGO encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

AGORA GOGO welcomes your questions or comments regarding the Terms: contact@agoragogo.com