GoSchmooze Inc. (“GoSchmooze” or “us” or “our”) operates this web site, www.goschmooze.com, and may operate the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The web site and, if any, the links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the "Site" in these Terms of Use. By accessing and/or using our Site and GoSchmooze's Service (defined below) through the Site, you (referred to as “you” or “End User” or “Member”) agree to these Terms of Use, our Privacy Policy (set forth separately), and any additional terms applicable to certain programs in which you may elect to access, use and/or participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY GOSCHMOOZE SERVICE OFFERED THROUGH THE SITE.
The Site provides an interactive online service operated by GoSchmooze consisting primarily of allowing the End User access the Site, register online, reserve and/or cancel online a Chair as Member at an in-person (face-to-face) live table event (“Schmooze Event”), and provide feedback regarding the Schmooze Event for a monthly membership fee (sometimes referred to as “Schmooze dues”, subject to the Terms of Use set forth herein, for the purposes of expanding his/her contacts and business networking (the “Service”). You shall become a Member of GoSchmooze only either after you have paid your Schmooze dues (ie. the monthly membership fee), or if you become a Free Trial Member pursuant to an offer provided by GoSchmooze. The Schmooze Events shall include up to a certain set number of Members (ie. four (4) members) at a table for a breakfast and/or lunch at a public restaurant (hereinafter referred to as “Participating Restaurant”). GoSchmooze may include dinners as well as other networking events as part of its Services.
As a condition of your access to and use of this Site, you agree that:
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site and/or Services accessible and in use, the Site and/or Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances, regardless of whether it is within and outside of our control, the Site and/or Services access and use may be interrupted, suspended or terminated. GoSchmooze retains the right at our sole discretion to deny service, use or access to the Site and/or Services, to anyone or to an account, at any time and for any reason.
The content and information on this Site, regardless of whether it is provided by the End User, GoSchmooze, a Third Party Vendor or Service Provider, as well as the infrastructure used to provide such content and information, is proprietary to us and any other partner approved in writing by GoSchmooze. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
4. Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of the content and information that you choose to communicate with, provide in any form to, download or upload, or disclose to GoSchmooze and/or the Site while it is being transmitted. In addition, GoSchmooze is not responsible for any data lost during transmission.
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit or restrict your privileges on the Site and seek other remedies.
PLEASE DO NOT DO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES - they are prohibited on the Site, constitute express violations of this Agreement and may cause the limitation or restriction of your access and use to the Site and/or Services:
6. Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing, maintaining and safeguarding. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation and subject solely to GoSchmooze’s discretion, you may forfeit any pending, current or future promotional account credits and any unused portion of your monthly Schmooze dues (ie. membership fee). If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your GoSchmooze account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
If you are a Member, then you shall be entitled to reserve, and/or timely cancel, an unlimited number of Chairs to Schmooze Events within your membership term as Schmooze Events become available on the Site, subject to any restrictions under this Agreement and/or the Schmooze Rules.
Your Anniversary date shall be same date of the month that you made your first payment and such date of the month for each ensuing calendar month, adjusted accordingly for months containing fewer than 31 days. For example, if your date of payment is October 14th, then your next Anniversary date shall be November 14th.
Your membership term shall be from the date of payment through a rolling 30 day period, adjusted accordingly for months containing fewer than 31 days. For example, if your date of payment is October 14th, then your membership term shall expire on November 13th. Your membership term shall be automatically renewed unless terminated by either you or GoSchmooze pursuant to this Agreement.
If you fail to terminate your membership prior to your monthly Anniversary date, your Schmooze dues (ie. the monthly membership fee) shall be deemed due and payable as of your monthly Anniversary date, and your Membership shall automatically be renewed for another monthly term, adjusted accordingly for months containing fewer than 31 days.
GoSchmooze will not refund any Schmooze dues (ie. membership fees) once your membership term is renewed on your Anniversary date. Your Schmooze dues (ie. membership fees) allow you all the rights and privileges as a Member of GoSchmooze subject to this Agreement.
In order to terminate your Membership, you must log on to your account and follow the guidelines to terminate your account so that you are no longer billed after your current membership term. You are required to follow the instructions provided via your account in order to terminate your membership. You will not be able to terminate your membership retroactively.
Unless otherwise stated under the Schmooze Rules, if you are a Member:
In each such case, you may continue your search for another Schmooze Event.
If you violate any of the following provisions, we may terminate your account, immediately and without notice and/or limitation, and you shall forfeit any pending, current or future promotional account credits and any unused portion of your Schmooze dues (ie. membership fee). Further, if we terminate your account, you may not re-enroll or join under a new account unless we formally invite you and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site and/or Services. Hereinbelow are such provisions:
Notwithstanding the above as well as all other terms of this Agreement, if you are a Free Trial Member, you shall abide by all of the terms of this Agreement modified only by the limited terms of the Free Trial offer. As a Free Trial Member, any specific Free Trial offer shall not relieve you of any of the other terms of this Agreement.
8. Modification of this Agreement
We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If, in our unilateral opinion, we make changes that materially affect your use of the Site and/or Services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.
Everything located on or in this Site is the exclusive property of GoSchmooze or is being used with the written permission of GoSchmooze.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF GOSCHMOOZE IS PROHIBITED.
Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and any Microsite contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site may be protected by copyright as a collective work under the United States copyright laws. GoSchmooze may own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of GoSchmooze or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
GoSchmooze is a trademark. It, together with any other trademarks that are located within or on the Site otherwise owned or operated in conjunction with GoSchmooze shall not be deemed to be in the public domain but rather the exclusive property of GoSchmooze unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of GoSchmooze unless otherwise stated.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. GoSchmooze does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted GoSchmooze the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sell, license and/or distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant GoSchmooze the right to edit, copy, publish, sell, license and/or distribute any material that you make available on this Site.
10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.
GoSchmooze reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide GoSchmooze with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for GoSchmooze’s DMCA Agent for notice of claims of copyright infringement is:
GoSchmooze Inc. Attn: Copyright Agent 135 Crossways Park Drive, Suite 102, Woodbury, New York 11797 info@goschmooze.com.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER GOSCHMOOZE ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOSCHMOOZE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL GOSCHMOOZE, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN OR THESE TERMS OF USE. IN NO EVENT WILL GOSCHMOOZE’S LIABILITY IN CONNECTION WITH THE SERVICE EXCEED THE MONTHLY MEMBERSHIP AMOUNT PAID FOR BY THAT MEMBER AND THE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.
13. Arbitration.
We will make every reasonable effort to resolve any disagreements that you have with GoSchmooze. If those efforts fail, by using this Site and/or Services, you agree that any claim, dispute, or controversy you may have against GoSchmooze arising out of, relating to, or connected in any way with this Agreement, this Site, the Service and/or your role as an End User, and/or your registration as a Member of GoSchmooze, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location in the State of New York, County of Nassau determined by AAA pursuant to the Rules and Procedures or at such other location as may be mutually agreed upon by you and GoSchmooze; (b) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or GoSchmooze’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor GoSchmooze shall be entitled to arbitrate their dispute.
GoSchmooze in some instances may allow you and other End Users to use the Site and/or Services to express opinions and communicate through forums, bulletin boards, discussion groups, surveys, feedback forms, chat rooms or other communication facilities that may be offered on or through the Site and/or Services, from time to time (collectively “Communities”). GoSchmooze shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by GoSchmooze as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, GoSchmooze shall have the right, but not the obligation, to remove any material from the Communities that GoSchmooze in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of GoSchmooze. Further, you agree that any information that you provide, download, upload, or cause to be on the Site, in any manner, may be used by GoSchmooze for any reason including but not limited to marketing on the Site, outside of the Site, and/or in the course of the Services.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
16. Public Nature of Your Statements.
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of GoSchmooze’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. GoSchmooze does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
17. License Grant.
By posting Statements or other information on or through the Communities, you grant GoSchmooze a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless GoSchmooze, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all injuries, theft, liability, losses, expenses or claims to your person, your property, any other person, such other person’s property or otherwise, including attorneys’ fees, in any manner whatsoever, at all times hereinafter, arising out of or related to your use, acts and/or access to the Site, the Service, the GoSchmooze Membership, your attendance and/or participation at any Schmooze Event or any other Event facilitated or organized by GoSchmooze, your travelling to or from a Schmooze Event or any other Event facilitated or organized by GoSchmooze, any conduct/activity/acts omissions with another Member or User, any conduct/activity/acts omissions by any Third Party Vendors or Service Provider in conjuction with the Service, including but not limited to, any dining/restaurant/hotel/catering facilities, credit card processing companies, technology vendors as well as its owners, affiliates, independent contractors, employees and/or agents.
You are solely responsible for your interactions with other Members, Third-Party Vendors and/or Service Providers (including but not limited to, any dining/restaurant/hotel/catering facilities, credit card processing companies, technology vendors as well as its owners, affiliates, independent contractors, employees and/or agents.) and other users of the Site.
To the extent permitted under applicable laws, you hereby release GoSchmooze, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all injuries, theft, liability, losses, expenses or claims to your person, your property, any other person, such other person’s property or otherwise, including attorneys’ fees, in any manner whatsoever, at all times hereinafter, arising out of or related to your use, acts and/or access to the Site, the Service, the GoSchmooze Membership, your attendance and/or participation at any Schmooze Event or any other Event facilitated or organized by GoSchmooze, your travelling to or from a Schmooze Event or any other Event facilitated or organized by GoSchmooze, any conduct/activity/acts omissions with another Member or User, any conduct/activity/acts omissions by any Third Party Vendors or Service Provider in conjuction with the Service, including but not limited to, any dining/restaurant/hotel/catering facilities, credit card processing companies, technology vendors as well as its owners, affiliates, independent contractors, employees and/or agents.
19. Termination.
GoSchmooze may terminate these Terms of Use at any time. Without limiting the foregoing, GoSchmooze shall have the right to immediately terminate or suspend any of your passwords or accounts in the event GoSchmooze considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
20. Choice of Law.
Any disputes arising out of or related to these Terms of Use and/or any use and/or accesss by you of GoSchmooze’s Site and/or Service shall be governed by the internal laws of the State of New York, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 13 shall be governed by the Federal Arbitration Act.
21. Restaurants, Dining Facilities, Venues
Members shall have the ability to reserve/cancel a Chair at Schmooze Events located at Public Restaurants, Dining Facilities or other Venues (collectively referred to as “Restaurants”. Accordingly, you, acknowledge and agree:
22. GoSchmooze Members
You agree that each Member is not an employee, agent, or representative of GoSchmooze and does not act on behalf of GoSchmooze in any capacity. GoSchmooze does not investigate or conduct any due diligence on its Members and allows each member the ability to conduct business with another member at his or her own discretion and without any encouragement, endorsement or recommendation by GoSchmooze. GoSchmooze does not investigate or conduct any due diligence on its Members’ competency, honesty, character or business.
You release and hold harmless both GoSchmooze and/or its employees, owners, agents, representatives, officers, principals and directors from any and all injuries, theft, liability, losses or claims to his/her person, property or otherwise, arising by virtue of any communication, interactions, dealings, actions or omissions with another Member of GoSchmooze.
23. Miscellaneous Items.
No waiver by either you or GoSchmooze of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
GoSchmooze is located at 135 Crossways Park Drive, Suite 102, Woodbury, NY 11797.
The provisions of these Terms of Use apply equally to and are for the benefit of GoSchmooze its subsidiaries, affiliates, Participating Restaurants and its third-party vendors and service providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Have a question? Email GoSchmooze at info@goschmooze.com.
