Hey Gowd-ers!

Welcome to our super boring (but according to our lawyer, totally necessary) terms and conditions.

They'll walk you through how our business operates and what you can expect from us :)

We strive to always do whatever we can to make sure you're 100% happy including our industry best deals, anytime subscription cancellation policy and taco-powered customer service. However, due to the very nature of our business where we sell 3rd party subscriptions, accounts, and other products, there are certain things that we can't directly control. Regardless, we still want you to know that we'll always strive to have your back to the best of our ability which is where the below comes in.

Enjoy and thanks for being an awesome Gowd-er! Thanks, Gowd Team

Terms of Service

Welcome to the Gowd Site (defined below). By using it, you are agreeing to these Terms of Service (defined below). Please read them carefully because they contain terms that may affect your legal rights. If you have any questions, contact us here at [email protected]

These Terms of Service were last updated on July 15, 2021.

1. Your Acceptance of the Terms of Service

Gowd ("Gowd", "we" or "us" or "our") is a d/b/a of Business, LLC and operates the website, www.gowd.com, the mobile version and any sites we have now or in the futures that reference these Terms of Service (collectively, "Site"). If you visit or shop through the Site, you agree to these Terms of Service (defined below) together with any documents they expressly incorporate by reference. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, IMMEDIATELY STOP ACCESSING OR USING THE SITE AND/OR SERVICES. BY USING THE SITE AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.

2. About the Site, Product Offers, Refunds and Credits.

a. The Site is a platform through which sellers share their subscription services to buyers ("Merchant Products"). The Refund policy for any sale is a full refund in accordance with our 100% Money Back Guarantee.

b. Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content that we do not control, maintain, or endorse. Merchants are the sellers and issuers of the Merchant Products and are solely responsible to you for the quality of the products provided. Gowd shall not be liable for any claim arising out of or relating to the Merchant Products, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages.

c. You may add money to your Gowd Wallet through any of our available payment gateways. Funds added to your Gowd Wallet may be used for purchases on the Gowd marketplace only. Any money deposited with Gowd is non-refundable, non-transferable, or otherwise cannot be withdrawn, refunded, or paid out.

d. If you purchase a Merchant Product using Credits and request a refund for the Merchant Product, we will issue the refund in Credits.

e. Buying and refunding the majority of your purchases is against our guidelines and users found in violation are subject to account limitations or termination.

3. Privacy

We will never sell your information to third-party marketers. Your privacy is very important to us. Our Privacy Policy makes important disclosures about how we collect, use, and protect your personal information. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy which is incorporated herein by reference and located at https:/www.gowd.com/privacy/

4. Changes to Terms of Service

Gowd reserves the right, at our discretion, to change, modify or otherwise alter the Terms of Service at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page regularly, so you are aware of any changes, as they are binding on you. Any changes to the Terms of Service will not apply retroactively.

5. Access to the Site

a. Account Registration.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

b. Account Security.

You acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

c. Changes to Site/Services.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

d. Termination.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Service. Termination by Gowd shall include removal of access to all Services, deletion of your password, and deletion of all related information and files.

e. Minimum Age.

The Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 years old or older. We are super Gowd serious about this provision. No kids please.

6. Use of the Site

a. Limited License.

By using the Site and accepting these Terms of Service, Gowd grants you a limited, personal, nontransferable, nonexclusive revocable license to use the Site pursuant to these Terms of Service and to any additional terms and policies set forth by Gowd.

b. Prohibited Uses.

You are expressly prohibited from:

I. Using the Site or Services for any commercial or competitive purpose whatsoever without the express prior written permission of Gowd.

ii. Collecting personally identifiable information about others, including e-mail addresses.

iii. Using the Site and/or Services to generate unsolicited email advertisements or spam

iv. Using any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

v. Using any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

vi. Introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

vii. Taking any action that in any way violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

viii. Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

ix. Otherwise attempt to interfere with the proper working of the Site.

You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, trade, or re-sell any content, software, products, or services obtained through the Site without the express permission of Gowd. Gowd reserves the right to determine whether or not your use of the Site or Services is consistent with the Terms of Service. We may suspend, restrict, or terminate your use of the Site or Services if your use breaches or fails to comply with any of the Terms of Service. Additionally, we may seek any and all other remedies available to us, including seeking damages relating to any breach or failure to comply with any of the Terms of Service.

You agree to adhere to the pre-purchase guidelines, if you are a buyer, and the pre-listing guidelines, if you are a seller. You further agree to the How It Works and FAQs as they’re updated and incorporated by reference herein.

7. User Submitted Content

The Site may provide you the opportunity to post reviews, advice, comments, ratings, discussions and other content ("User Content"). You agree not to post any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights. You further agree not to post any User Content that contains commercial solicitation. By posting User Content, you grant Gowd a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works, and display such User Content throughout the world in any media. Gowd reserves the right but not the obligation to review, edit, post, refuse to post, and remove User Content.

8. Copyright Infringement Notice

We do not condone any form of copyright infringement on the Site, including direct, contributory, or by means of inducement. If you are a copyright owner or such owner’s agent and believe any material on our Site constitutes an infringement on your copyright, please provide notification to the address listed below setting forth the following information:

(a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf;

(b) identification of the material that is claimed to be infringing;

(c) your contact information, including your address, telephone number, and an email;

(d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and

(e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Contact information for Gowd’s Copyright Agent for notice of claims of copyright infringement is as follows:

Gowd, 7190 Sunset Blvd Ste 1411, Los Angeles, CA 90046 [email protected]

9. Intellectual Property

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Gowd, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Gowd, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.

10. Disclaimer of Warranties

As permitted by applicable law, you expressly agree that your use of the site, its content and any services or products obtained through the site is at your own risk. The site, its content and any services or products obtained through the site are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Neither gowd nor its merchants, third party content providers or licensors nor any of their officers, directors, employees or agents makes any warranty or representation as to the operation of the site or the content, any information contained on the site or the products, including without limitation any warranties of merchantability, non-infringement and fitness for particular purpose.

11. Limitation of Liability

As permitted by applicable law, in no event will gowd, its affiliates, service providers, third party content providers, merchants or licensors, partners, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, arising out of or in connection with:

(a) your use of the site, the content, user content, including without limitation, any personal information and any other information contained in the site or submitted by you to the site

(b) your inability to use the site or any sites linked to it;

(c) modification or removal of content submitted on the site;

(d) affiliate offerings, products accessible through the site;

(e) any products or services purchased or obtained directly from a third party content provider or merchant

(f) these terms of service or

(g) any improper use of information you provide to the site, including, without limitation, any personal information. In no event will gowd’s liability in connection with a product, and other available programs exceed the amounts paid for the applicable product, or service. The liability limitations in this section are not intended to limit any warranty provided directly by a third party content provider or merchant.

12. Indemnification and Release

You agree to defend, indemnify and hold harmless Gowd, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to

(a) any violation of the Terms of Service by you

(b) your use of the Site or Services

(c) information provided by you to Gowd that you submit, transmit or otherwise make available through the Site or

(d) any violation of any rights of another or harm you may have caused. Gowd shall retain sole control of the defense of any such claim. This indemnification provision shall be construed broadly in favor of Gowd.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Gowd from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of an Merchant, an Affiliate’s failure to comply with applicable law and/or failure to abide by the terms of a other product or service purchased or obtained by you from the Merchant, any other third-party.

13. Force Majeure

Gowd shall be excused from performance under these Terms of Service, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from weather conditions or other elements of nature or acts of God, acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion, quarantines or embargoes, labor strikes, error or disruption to major computer hardware or networks or software failures or other causes beyond the reasonable control of Gowd.

14. Assignment

You may not assign these Terms of Service, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Gowd. Any attempted assignment that does not comply with these Terms of Service shall be null and void. Gowd may assign these Terms of Service in whole or in part, to any third-party in its sole discretion.

15. Entire Agreement

The Terms of Service, including, without limitation, the incorporated Privacy Policy and other terms incorporated by reference, constitute the sole and entire agreement between you and Gowd with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

16. Governing Law And Jurisdiction

All matters relating to the Site and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in Cook County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Arbitration

You and Gowd agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this agreement, company’s business, any of the services of Gowd, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Gowd’s employees, agents or any subsidiaries of ours. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.

All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

18. CLASS ACTION WAIVER

You and Gowd also agree that each is giving up the right to a jury trial and that each may bring claims against the other only in your or its individual capacities, and not as a plaintiff or class member in any purported class action lawsuit or representative proceeding, consolidated action, or private attorney general action. This means that neither you nor Gowd can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Gowd further agree that if the provisions of this paragraph, known as the "Class Action Waiver," are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.

To the extent possible under your local law, arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures ("Rules"). The Rules are available online at http://www.jamsadr.com The arbitrator is bound by the terms of this Agreement. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Cook County, Illinois.

Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

19. Additional Disclosures

No waiver of by you or Gowd of any term or condition set forth in these Terms of Service 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 Gowd to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 the Terms of Service will continue in full force and effect.

The provisions of these Terms of Service apply equally to, and are for the benefit of, Gowd, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

Applicable Law and Marketing Rules. You represent and warrant that when using your Referral Link you will comply with all laws, rules, and regulations, including, but not limited to, the CAN-SPAM Act and guidance from the Federal Trade Commission regarding online advertising and marketing, such as that which can be found at https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf. Any violation or suspected violation of this section is expressly prohibited and is grounds for immediate termination of your account, forfeiture of all or a portion of Referral Rewards, and/or exclusion from any of Gowd’s program.

Termination. Gowd reserves the right to terminate this agreement at any time and for any reason or no reason.

Right to Cancel Program or Change Terms. Gowd reserves the right to cancel or change these Terms at any time in its sole discretion.