If you have any questions or concerns relating to our website or these Terms, you may contact us at:
Etch Mobile, Inc., dba GoodTime
340 S LEMON AVE #4198
WALNUT, CA 91789
All notices of copyright infringement claims should be sent to the copyright agent designated under Copyright Notice; Digital Millennium Copyright Act, below.
Company may amend these Terms. All changes are effective immediately when we post them. Your continued use of our website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes. However, any changes to the Dispute Resolution and Arbitration, below, may not apply if you notify us in accordance with that section.
We reserve the right to withdraw, amend or discontinue any part of our website in our sole discretion without notice. Company makes no commitment to update materials on the website.
Our website is controlled and/or operated from the United States. Our website may not be appropriate or available for use in some jurisdictions outside of the United States. In choosing to access the website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
The website is available to users who are 18 years of age or older. By using this website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the website.
Please read the following arbitration provision carefully. It requires you to arbitrate certain disputes with the Company arising out of these Terms, the website or any other product or service of the Company (“Disputes”) and limits the manner in which you can seek relief from us.
Both you and Company acknowledge and agree that for purposes of any Dispute, Company’s officers, directors, employees, agents and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Informal Dispute Resolution. Before filing a claim against the Company, please contact us at the contact information under Contacting Us. We’ll try to resolve the Dispute informally. If a Dispute is not resolved within 15 days after submission, you or the Company may bring a formal arbitration proceeding.
We Both Agree To Arbitrate. You and the Company both agree to resolve any Disputes through final and binding arbitration, except as set forth under the exceptions below.
Governing Law of Arbitration Terms. Notwithstanding anything to the contrary in these Terms, you and the Company agree that these arbitration terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of these arbitration terms and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found not to apply to any Disputes that arise under these arbitration terms or the enforcement thereof, then that Dispute is to be resolved under the laws of the state of California.
Procedures of Arbitration: The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards. JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Fees for Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Location of Arbitration: The arbitration will be held in San Francisco, California, or the United States county where you live or work, or any other location we agree to. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
No Class Actions; No Jury Trial: Any arbitration under these Terms will take place on an individual basis. Class arbitrations, class actions, and collective, consolidated or representative actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING (A) THE RIGHT TO TRIAL BY JURY AND (B) THE RIGHT TO PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION AND COLLECTIVE, CONSOLIDATED AND REPRESENTATIVE ACTIONS.
The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, consolidated or representative basis, but only on an individual basis. Other than disputes regarding the validity of the class action waiver contained herein and the exceptions set forth herein, which disputes may be resolved only by a civil court of competent jurisdiction, all Disputes regarding the scope and validity of these Terms will be resolved by the arbitrator.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
One Year to Bring Action. YOU AGREE THAT ANY CAUSE OF ACTION (INCLUDING ARBITRATION PROCEEDINGS) BROUGHT BY YOU ARISING OUT OF OR RELATED TO A DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Commencing an Arbitration Proceeding: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Company at the contact information under “Contacting Us” above.
Severability of Arbitration Terms: If part of these arbitration terms are deemed unenforceable or unlawful, (1) the unenforceable or unlawful term is to be severed from these Terms; (2) severance of the unenforceable or unlawful term will not impact the remainder of the arbitration terms; and (3) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.
Opt-Out Procedure: If you are a new user of our website, you can choose to reject the arbitration terms by mailing us at:
Etch Mobile, Inc., dba GoodTime
340 S LEMON AVE #4198
WALNUT, CA 91789
For your rejection notice to be effective, you must include (a) your first and last name, (b) your email address, (c) a statement that you reject these arbitration terms, and (d) your signature on the notice. The opt-out notice must be postmarked no later than 30 days after the date you accepted these Terms for the first time. You must mail the opt-out notice to:
Etch Mobile, Inc., dba GoodTime
340 S LEMON AVE #4198
WALNUT, CA 91789
If you opt out of the arbitration terms, all other parts of these Terms will continue to apply to you. Opting out of the arbitration terms has no effect on any previous, other, or future arbitration terms that you may have with us.
Changes to Arbitration Terms: If we change these arbitration terms after the date you first agreed to these Terms (or later agreed to amended Terms), you may reject the change by providing us with written notice of your rejection within 30 days after the date the change became effective, as indicated in the “Last Updated” date above. You must provide this written notice by mail at:
Etch Mobile, Inc., dba GoodTime
340 S LEMON AVE #4198
WALNUT, CA 91789
For your rejection notice to be effective, you must include (a) your first and last name, (b) your email address, (c) a statement that you reject the changes to these arbitration terms, and (d) your signature on the notice. By rejecting changes, you are agreeing that you will still arbitrate any Dispute between you and the Company in accordance with the provisions of these arbitration terms as of the date you first agreed to the Terms (or later agreed to amended Terms).
Any information you submit through the career pages of our website must be true, complete, and not misleading. If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing their information to us.
The website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, interactive and visual features, and audio, and the design, selection, and arrangement thereof) (“Company Materials”) are owned by the Company, its licensors, its business customers 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. Company Materials are not owned by you.
These Terms permit you to use the website for your personal use or as a user of one of our business customers.
You must not sell, license, reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit any of the Company Material or otherwise make unauthorized use of the website and Company Materials, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of these Terms, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any Company Materials is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks of Company may be included on the website. All trademarks, logos and website marks found on the website are the property of Company or other third parties. You are not permitted to use such marks without the prior written consent of Company or the third party that owns the respective mark.
Company bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party marks uploaded to or displayed through the website. Company is generally unable to evaluate the merits of disputes regarding third party marks and encourages users to resolve any such disputes directly.
You may use the website only for lawful purposes and in accordance with these Terms. You agree not to:
If you make suggestions or provide feedback to Company on improving or adding new features to the website, you assign ownership in such suggestions and feedback to us without any compensation to you.
Company may provide tools through the website that enable you to export information to your devices. By using these tools, you agree that we may transfer such information accordingly and that you will not use such exported information other than for your personal, non-commercial use. Such third party websites are not under our control, and we are not responsible for their use of your exported information.
When using the website you will be exposed to content and links from other sources and third parties, including bloggers and community pages (“Non-Company Content”). Company is not responsible or liable for the accuracy, integrity, quality, legality usefulness, or safety of the Non-Company Content, or any loss incurred as a result of your use of any Non-Company Content, or any communications you have with any third party provider of Non-Company Content, or any transaction you consummate with such third party, or any violation of law by any third party provider of Non-Company Content. You should review any applicable terms and policies of such third parties who provide Non-Company Content.
You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect to any Non-Company Content.
Company does not control the Non-Company Content and does not have any obligation to pre-screen or monitor such Non-Company Content. If at any time, Company chooses, in its sole discretion, to pre-screen or monitor the Non-Company Content, Company still assumes no responsibility for the Non-Company Content, no obligation to modify or remove any inappropriate Non-Company Content, and no responsibility for the conduct of the third party submitting any such Non-Company Content. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any Non-Company Content, in whole or in part, for any reason.
The website may contain communities, blogs, message boards, chat rooms, personal testimonials, and forums that allow users to post to other users or the website content or materials (on or through the website.
Your posts must comply with the Content Standards set out in these Terms.
Any contribution you post to the website will be considered non-confidential and non-proprietary. By providing any post on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You own or control all rights in and to your posts and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your posts do and will comply with these Terms.
You understand and acknowledge that you are responsible for any posts that you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the website.
We have the right to:
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
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 anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all user posts and use of interactive features on our website. User posts must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, user posts must not:
We have the right to take appropriate legal action with respect to your use of the website, including referral to law enforcement, for any illegal or unauthorized use of the website.
You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect claims resulting from any action taken by Company during or taken as a consequence of investigations by either the Company or law enforcement authorities.
If you have a dispute with: (i) another user of the website; (ii) the provider of any Non-Company Content; or (iii) any other third party arising in connection with your use of the website, you release us (and our officers, directors, agents, subsidiaries, and employees) from all claims, demands and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You acknowledge that you have been advised to consult with legal counsel and are familiar with the provisions of California Civil Code Section 1542, a statute that otherwise prohibits the release of unknown claims, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree to expressly waive any rights you may have thereunder, as well as under any other statute or common law principles of similar effect.
You agree that Company may suspend, disable, delete or terminate your use of the website at any time in its sole discretion, and you agree that Company is not liable to you or any third-party for any such termination.
Upon termination, all licenses granted by Company herein will terminate.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company and its affiliates, licensors, and website providers, and its and their respective officers, directors, employees, agents and representatives from and against losses, obligations, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of any third party claim relating to (i) your misuse of the website or; (ii) your violation of these Terms; and (iii) your violation of the rights of any other person or entity. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
NO IMPLIED WARRANTIES; AS-IS AND AS-AVAILABLE
THE WEBSITE, COMPANY MATERIALS, AND NON-COMPANY CONTENT MADE AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
AT YOUR OWN RISK
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT AND DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS), AND ANY NON-COMPANY CONTENT ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR USING SUCH DATA.
NO INTERRUPTION, ACCURACY, SECURITY AND SIMILAR WARRANTIES
COMPANY DOES NOT WARRANT THAT (A) WEBSITE, THE COMPANY MATERIALS, NON-COMPANY CONTENT, OR ANY OTHER INFORMATION OFFERED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) THE RESULTS OF USE OF THE WEBSITE OR ANY NON-COMPANY CONTENT WILL BE SECURE OR RELIABLE. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR RELIANCE ON NON-COMPANY CONTENT.
NO WARRANTIES AND NO LIABILITY FOR THIRD PARTY OFFERINGS
COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE COMMUNICATIONS YOU RECEIVE FROM OUR BUSINESS CUSTOMERS.
COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE PRODUCTS AND WEBSITES THAT MAY BE OFFERED BY THIRD PARTIES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES, LICENSORS AND WEBSITE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE WEBSITE, IS ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF COMPANY, ITS AFFILIATES, LICENSORS AND WEBSITE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA OR USE) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE WEBSITE, THE COMPANY MATERIALS, OR NON-COMPANY CONTENT, EVEN IF FORESEEABLE OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice after we have removed the material. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/. Notices and counter-notices should be sent to Company’s Designated Copyright Agent (Attention: Copyright Agent) to the contact information under “Contacting Us” above.
Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake may be subject to liability.
The following sections survive any termination of these Terms or your access to this website: Privacy, Dispute Resolution and Arbitration, Intellectual Property Rights, Trademarks, Prohibited Uses, Feedback, Third Party websites and Links, Enforcement, Release of Disputes with Third Parties, Termination, Indemnification, Disclaimers, Limitation of Liability, Copyright Notice; Digital Millennium Copyright Act, Survival, and Miscellaneous.
Independent Contractors. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other.
Severability. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.
Assignment. You may not assign these Terms without the prior written consent of Company, and any prohibited assignment will be null and void. Company may assign these Terms without restriction and without any notice to you.
Waiver. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
Governing Law; Venue. Except as required by applicable law and as set forth under Dispute Resolutions and Arbitration above, these Terms are governed by the laws of California, without regard to its conflict of laws principles. This provision only specifies the use of California law to interpret these Terms and this provision is not to be interpreted as extending California substantive rights to you if you do not otherwise reside in California. To the extent that any lawsuit or court proceeding is permitted under these Terms, the parties consent to the jurisdiction of and each party shall exclusively bring a lawsuit in, the state and federal courts of San Francisco County, California. This provision does not apply to Dispute Resolutions and Arbitration or to any arbitrable Disputes as defined therein. Instead, as described in Dispute Resolutions and Arbitration, the Federal Arbitration Act applies to Disputes.