These Terms were last updated on October 30, 2019.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A SITE.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and GoPegasus have against each other relating to the Sites are resolved (see Section 22 on “Arbitration” below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against Us to binding arbitration, unless you opt-out in accordance with Section 22, “Arbitration,” below.
Table of Contents
- Revisions to these Terms
- Additional Terms
- Use of the Sites and License
- Restrictions on Use of the Sites
- Content, Pricing and Accuracy
- Applicable Law
- Shipping Limitations
- Confirmation, Cancellation and Coupons
- Intellectual Property
- User Content Posted by You
- User Content Posted by Others
- Third Party Links
- Limitations of Liability
- Disputes, Choice of Law, and Jurisdiction
- Waiver and Severability
- Entire Agreement
- Additional Assistance
Effective Date/Revisions to these Terms. These Terms will
take effect on your registration with a Site or placing a purchase
through a Site after these Terms were posted. If you do not register
or place a purchase within thirty (30) days of the posting of these
Terms or your first visit to a Site, these Terms will take effect on
the later to occur of (i) thirty (30) days after Our posting of
these Terms; or (ii) thirty (30) days after your first use of a
Site. GoPegasus may revise these Terms at any time and from time to
time. We will notify you of changes to these Terms by posting the
amended terms on the Sites at least thirty (30) days before the
effective date of the changes. If you have provided Us with your
email address, We will also notify you of any material changes to
these Terms that affect your rights by sending an email at least
thirty (30) days before the effective date of the changes to the
email address you most recently provided to us. We encourage you to
keep the email address you provide to Us current, and to promptly
notify Us of any changes to your email address, so that you may
receive any notices We send to you regarding material changes to
these Terms. If you do not agree to any revisions to these Terms,
you should stop using the Sites, and if you are a registered user,
you may cancel your account with Us within the thirty (30) day
period by contacting Us at
@gopegasus.com, and you will not be bound by the new terms. Otherwise, the new terms will take effect on the later to occur of (i) thirty (30) days after Our posting of the change; or (ii) thirty (30) days after your first use of a Site after the revisions were posted. Our employees do not have the right to modify these Terms orally or otherwise. If any employee of ours offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for Us or speaking on Our behalf.
- Additional Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of a Site (the “Additional Terms”), including contests, sweepstakes, promotions, or other similar features and the terms of Our mobile application. Your use of such pages or download or use of Our mobile application confirms your unconditional acceptance of the Additional Terms. If these Terms are inconsistent with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site.
- Use of the Sites and License. The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including by registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use. Use of Our mobile applications are also subject to the terms of the separate license agreements for such sites as found on such sites, which are in addition to these Terms.
- Restrictions on Use of Sites. You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:
- Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;
- Create or maintain any link from another site to any page on a Site without GoPegasus’ prior written permission;
- Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without GoPegasus’ prior written permission;
- Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;
- Use any deep-link, page-scrape, robot, spider, site search application or other automatic device, program or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;
- Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;
- Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;
- Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;
- Take any action that imposes, in Our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;
- Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;
- Scan or test the vulnerability of a Site or any network connected to a Site;
- Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or
- Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.
Account. You may be required to create an account to access
or use certain areas of a Site or you may elect to create an
account. If you choose to create an account, you are responsible for
maintaining the confidentiality of your account (including your
username and password information), and also for restricting access
to such information, your account and your device. You agree to
accept responsibility for all activities that occur under your
account or password. Additionally, you agree to notify Us
immediately of any unauthorized access or use of your account or
password, or any other breach of security.
We reserve the right, including if We become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18) (or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.
Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other GoPegasus systems from further damage or exposure. This may include proactively changing your password. Should this need arise, We will make reasonable efforts to inform you of any modifications made, via the email address listed for your account. We do not assume any responsibility, and shall not be liable for any damages caused by or arising from your access to, use of, or browsing of a Site, or use of Site Accounts, or the compromise of any Account except where such limitation is prohibited by applicable law.
- Content, Pricing and Accuracy. All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Sites is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and We cannot guarantee that your device will accurately display such colors. Despite Our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products or services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, We reserve the right to cancel any orders (or partial orders) for such products or services.
- Applicable Law. By registering for an account or placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer. The Sites are not intended to subject GoPegasus to the laws or jurisdiction of any state, country or territory other than that of the United States, and We do not represent or warrant that the Sites or any part thereof is appropriate or available for use in any jurisdiction besides the United States. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and/or sale of any product or service purchased via a Site.
Shipping Limitations. When a product order is placed, it will
be shipped to the address designated by the purchaser, as long as
such shipping address is compliant with the shipping restrictions
contained on the Site. All product purchases from a Site are made
pursuant to a shipment contract. As a result, risk of loss and title
for products purchased from a Site pass to you upon delivery to the
carrier. You are responsible for filing any claims with carriers for
damaged and/or lost shipments.
When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from Us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Competitions. Competitions that you enter through GoPegasus may
have supplemental rules and conditions, but the following general
rules apply absent contrary terms in any supplemental rules or
conditions for the competition.
Your competition entry is User Content and subject to all provisions of these terms that govern your submission and Our use of your User Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if We suspect that any person has manipulated entries or results, provided false information or acted unethically. If We cancel or terminate a competition, prizes may be awarded in any manner We deem fair and appropriate consistent with local laws governing the competition.
To enter a competition, you must be a registered GoPegasus user and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, We may need your parent or guardian’s consent before We can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that We (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although We reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants Us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Confirmation, Cancellation and Coupons. While it is Our
practice to confirm online orders via email, the receipt of an email
order confirmation does not constitute Our acceptance of an order
nor Our confirmation of an offer to sell a product or service. We
reserve the right, without prior notice and at any time: (a) to
limit the order quantity on any product or service and/or to refuse
service or fulfillment of any order or to any customer; (b) to
discontinue any product or service; (c) to bar any user from
making or completing a transaction; and (d) to limit or impose
conditions on the honoring of any coupon, coupon code, promotional
code, or other similar promotion.
For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.
For products purchased from Our Sites using a credit card, an authorization may be placed on your credit card when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped. Certain custom items may be charged when the order is placed. Partial shipment or partial cancellation of orders may occur.
Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at Our discretion. Inappropriate use of Our personalization service will cause your order to be cancelled and any payment refunded.
- Intellectual Property. All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, and other material displayed on, available via, or that can be downloaded from a Site, excluding User Content (collectively, the “GoPegasus IP”), are either the property of, or used with permission by, GoPegasus or Our service providers and licensors, and are protected by copyright, trade dress, trademark and other laws. Additionally, the design, arrangement, and collection of the GoPegasus IP on the Sites, including the look and feel of the Sites (the “Look and Feel”), is the exclusive property of GoPegasus and protected by applicable copyright laws. We expressly reserve all intellectual property rights in all GoPegasus IP and the Look and Feel. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any GoPegasus IP or the Look and Feel without the express written permission of Us or such third party owner.
User Content Posted by You. As a user of a Site, you may
provide and/or post content, including reviews, comments,
suggestions, profile information, photographs, videos, messages,
communications and/or other materials (collectively, “User
Content”) and/or share it with other users. Subject to any
licenses and rights expressly granted herein, any User Content
posted by you, is owned by you.
User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. GoPegasus will have no liability related to the content of any User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in Our sole discretion, violates these Terms and reserve the right to terminate your access.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of users and/or devices using or accessing the Sites. YOU WAIVE AND HOLD HARMLESS GOPEGASUS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You are solely responsible for any User Content you post, publish or display on a Site or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to a Site any User Content that is false, inaccurate, misleading or fraudulent. You are prohibited from posting or transmitting any content that:
- Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane;
- Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;
- Violates the rights of a third party;
- Is offensive to users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- Harasses or advocates harassment of another person or entity; or
- Reports your use of, or directs other users to maintain or use products any manner which is contrary to that stipulated or provided by the manufacturer or GoPegasus.
- GoPegasus and Our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, copy, revise, publicly perform, digitally perform, publicly display and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and
- All users of the Sites an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user's personal, non-commercial use, subject to the restrictions set forth in these Terms.
- User Content Posted by Others. You acknowledge and agree that We have limited control over the User Content posted to the Sites, or any links to other sites, including the content of any messages or posts, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent Our views. We are not obligated to review or remove User Content and you understand that, by using a Site, you may be exposed to User Content that is offensive, indecent or objectionable.
Third Party Links. From time to time, a Site may contain
links to and/or functionality interacting with third party sites
that are not owned, operated or controlled by GoPegasus. All such
links and/or functionality are provided solely as a convenience and
do not constitute an endorsement by GoPegasus. If you use these links,
you will leave the Site. We are not responsible for any content,
materials or other information located on or accessible from any
other site. We do not endorse, guarantee, or make any
representations or warranties regarding any other site; any
content, materials or other information located or accessible from
such sites; or any results that you may obtain from using such
sites. We also do not guarantee that links and/or functionality
provided by third parties will be available or error-free,
uninterrupted, free from viruses and/or unauthorized access, or
otherwise meet your requirements.
IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
Disclaimers. We do not and cannot warrant that any Site
(including any element of a Site) or its servers will be error-free,
uninterrupted, free from viruses and/or unauthorized access, or
otherwise meet your requirements.
YOUR USE OF A SITE (INCLUDING ANY ELEMENT OF A SITE) AND OF ANY USER CONTENT, IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GOPEGASUS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE, AND NEITHER GOPEGASUS NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOPEGASUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOPEGASUS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
We do not represent or warrant that the health, nutrition, ingredient, allergen or other product information on the Sites is accurate or complete since this information is provided by the product manufacturer or supplier. We recommend that you do not rely solely on the information presented on Our Sites and that you consult each product's label or contact the manufacturer directly if you have a specific question or dietary concern.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability. Except where prohibited by law, We
do not assume any responsibility, and shall not be liable for any
damages to, or viruses or other harmful or malicious code that may
infect or affect, your computer, device, telecommunication
equipment, or other property caused by or arising from your access
to, use of, or browsing of a Site, linking to a third party site, or
your downloading of any materials or information from a Site and
will not be liable for any loss or damage arising from the unlawful,
malicious, negligent or wrongful conduct of third parties.
THE FOLLOWING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN NO EVENT WILL GOPEGASUS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION, MATERIALS OR SERVICES CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND GOPEGASUS. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.
- Indemnity. You agree to defend, indemnify and hold GoPegasus and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach of these Terms.
Copyrights. If you believe any User Content or any other
aspect of a Site infringes your copyright, you should send written
notice of the alleged copyright infringement to Our designated
copyright agent at this address:
10747 Rocket Blvd.
Orlando, FL 32824
or by email at copyright
Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Site(s);
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
- Counter-Notice. If you believe that your User Content was removed or disabled but is not infringing; or that you have the authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the content in your User Content; you may send a counter-notice to the Copyright Agent containing the following information:
- Your physical or electronic signature;
- 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;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Orlando, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Disputes, Choice of Law, and Jurisdiction.
Initial Dispute Resolution. We are available by email at
@gopegasus.com to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with a Site, including compliance with these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided in Section 22 (herein).
- Choice of Law and Courts for Non-Arbitrated Disputes. Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and GoPegasus to the extent necessary to resolve any inconsistency or ambiguity between them. The Sites are administered by GoPegasus from its offices in Orlando, Florida. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Notwithstanding the arbitration provisions in Section 21, to the extent you have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the State of Florida or the United States District Court for the Middle District of Florida, and you consent to exclusive personal jurisdiction and venue in such courts. In the event the parties agreement to arbitrate provided in Section 22 is held unenforceable by a court, the disputes that would otherwise have been arbitrated will be brought solely in the Middle District of Florida and shall be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or the laws of your state or country of residence that would result in the application of the laws of a state other than Florida, and will otherwise be subject to Section 22 below.
- If the parties don’t reach an agreed upon solution pursuant to the dispute-resolution contemplated in Section 20(a) of these Terms, you and GoPegasus each agree that any dispute, claim or controversy arising out of or relating to the Sites (including, without limitation, GoPegasus digital operations at or through Our websites, Our mobile/tablet sites, Our social media presence, and Our applications, or these Terms or the breach, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. We strive to offer a fundamentally-fair arbitration hearing process. For small claims (i.e., up to $10,000), in addition to your right to bring small claims court actions as noted below, We believe this can often be satisfied when hearings are conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing. Notwithstanding GoPegasus’ right to modify these Terms, GoPegasus agrees that GoPegasus may not modify these arbitration provisions without notice to you and your agreement to such changes. Further, any such modification to the dispute and/or arbitration requirements in Section 21 or to this Section 22 shall not apply to claims arising prior to the date of such modification and any such changes shall not affect your prior election to opt out of arbitration as provided below. In connection with these arbitration provisions, the parties agree as follows:
- This arbitration agreement is reciprocally binding on all parties such that both you and We are required to arbitrate claims;
- Remedies that would otherwise be available to the parties under applicable federal, state or local laws remain available under this arbitration clause;
- The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;
- You have a right to an in-person hearing in your hometown area within the United States;
- You have the right to the use of counsel of your choosing if you so elect;
- The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with JAMS procedures; and
- The arbitrator's award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
- Arbitration Filing Fees. If you initiate the arbitration, to the extent the filing fee for the arbitration exceeds the lesser of $250 or the cost of filing a lawsuit, GoPegasus will pay the additional cost. A request for payment of any such fees should be submitted to JAMS along with your form for initiating the arbitration, and We will make arrangements to pay all necessary fees directly to JAMS. All other costs of the arbitration will be borne by Us including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will be responsible for your own attorney fees and expenses however the arbitration rules also permit you to recover attorney’s fees in certain cases. We will not require you to reimburse Our fees and costs if you do not prevail. If We are the claiming party initiating an arbitration against you, We will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules).
- Waiver of Certain Rights from Court. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception - Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.
- 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 22 by sending written notice of your decision to opt-out to the following address via certified mail: GoPegasus, 10747 Rocket Blvd., Orlando, FL 32824, Attention: Arbitration. The notice must be sent within thirty (30) days of your first use of a Site after the effective date of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, GoPegasus also will not be bound by them.
- Admissibility. A printed version of these Terms shall be admissible in judicial and administrative proceedings and in arbitration 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.
- Waiver and Severability. No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
- Termination. You or GoPegasus may suspend or terminate your account or your use/access of a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. GoPegasus reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.
Additional Assistance. If you do not understand any of the
foregoing Terms or if you have any questions or comments, We invite
you to contact Us in the following manner:
For general comments or questions about Our Sites, call Our Customer Service Department at +1 (407) 812-8812 or email customer.service
@gopegasus.com. You can also reach Us by mail at GoPegasus, 10747 Rocket Blvd., Orlando, FL 32824, ATTN: Customer Service.
By uploading User Content to a Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:
You understand and acknowledge that We may: (a) be working on the same or similar idea to any ideas, expression of ideas or other materials you submit within your User Content (each, an “Idea”); (b) already know of such Idea from other sources; and/or (c) wish to develop such Idea or a similar idea on Our own.
If a counter-notice is received, GoPegasus may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at GoPegasus’ sole discretion.
EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST GOPEGASUS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT GOPEGASUS’ AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER.