Terms and Conditions - Go Explore Local

TERMS AND CONDITIONS

Date of last revision: April 2023

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING ANY GO EXPLORE LOCAL PLATFORM.

If you live in Canada additional terms may apply to you and are viewable at the bottom of these Terms. We display the country within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency.

Welcome to the Go Explore Local community! You are reading these Terms because you are using a Go Explore Local website, digital experience, social media platform, mobile app, or one of our other products or services, all of which are part of Go Explore Local’s Platform (“Platform”). The user, subscriber, or Platform user (“You”) may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier’s normal rates and fees apply to your Device.

These terms and conditions govern your use of the Platform and our products and services made available through your use of the Platform and our restaurant/bar partners (“Partner”); by using the Platform, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Platform or our products and services.

These Terms create a legally binding agreement between you, and Cody Media, LLC (dba Go Explore Local) (“we”, “our”, “us”), its subsidiaries and its affiliates located worldwide (collectively “Go Explore Local”).

Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. [See Canada terms.] We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. In addition, certain parts of the Go Explore Local Platform may require you to register separately or agree to additional or special terms of use and fees. Certain areas of the Go Explore Local Platform may include additional usage guidelines and rules and You agree to comply with such guidelines and rules. All such guidelines and rules are incorporated herein. By using the Platform, You agree to the terms of our Privacy Policy, which you can review at any time here https://www.goexplorelocal.com/privacy-policy/.

Monthly Subscriptions

By subscribing to a Partner’s monthly subscription, you authorize us to charge your credit card an initial payment at the time of signing up, and a monthly recurring payment which will take place on the next billing day of your billing cycle. AUTOMATIC MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. Billing days happen between the 1st and the 10th of each month, and shipping fees (if applicable) and tax rates apply per state and/or country. If your initial subscription date falls within the 11th and the end of the month, your recurring billing date will be changed to one of our standard billing days between the 1st and the 10th of the month. You may cancel your subscription at any time through your billing portal link provided when you subscribed, by contacting us through our support desk, or by email at hello@goexplorelocal.com. You are responsible for any recurring charges that take place prior to cancellation. Go Explore Local reserves the right to move your next billing day at any time without any further authorization from you.

All sales are final, and no returns or exchanges will be accepted at this time.

Prepaid Subscriptions

By subscribing to our prepaid subscription (6 or 12-month plans with payment due upfront), you authorize us to charge your credit card an initial prepayment at the time of signing up. Shipping fees and tax rates apply per state and/or country. At the end of your prepaid subscription period, your subscription will automatically renew as a monthly re-billable plan, unless you inform us beforehand that you would like to renew your prepaid subscription or cancel completely. Prepaid subscriptions are only refundable within the first 15 days of signing up.

Sales Tax

U.S. sales tax will be charged to all orders, where applicable. Sales tax is governed at your local government level, which means each local government is responsible for making its own rules and laws — within the framework of the U.S. Constitution. Please refer to your local sales tax laws if you have any questions or concerns regarding the tax amounts.

Privacy Policy. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

GROUND RULES

Eligibility. You are only eligible to use the Platform if you are of legal age in your country, or local jurisdiction if more restrictive, or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.

Rules for Registration. When you register for an account with us, the following rules apply:

Provide accurate and current registration information.
Registration is for personal use. Do not register for more than one Go Explore Local account, register a Go Explore Local account on behalf of someone else, or transfer your account.
Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
Inform Go Explore Local immediately of any unauthorized use of your Go Explore Local You are responsible for anything that happens through your Go Explore Local account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Go Explore Local IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

Membership. When you use our Platform you agree to all of these Terms. Your use of our Platform is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Join Now”, “Register”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Go Explore Local (even if you are using our Platform on behalf of a company). If you do not agree to this Term, do not click “Join Now” (or similar) and do not access or otherwise use any of our Platform. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Platform.

DESCRIPTION OF SERVICE

Go Explore Local provides users with a Platform to access various offers from third-party businesses, usually in the form of a monthly subscription direct with that third party including without limitation, discounts on food or drink or other hospitality related offerings from the third-party partner. Offers from Partners may be adjusted from time to time. You agree that unless otherwise provided, Go Explore Local will not be providing the products related to the subscriptions but will be providing You with access to these offers through the Platform. You understand and agree that the Platform is provided “AS-IS”. Your use of the Platform is governed by this Term. Go Explore Local may refuse service to You for any or no reason. Go Explore Local may discontinue, change, add, update or revise any part of the Platform at any time and without notice.

Participation Agreement. By using the Platform, You may be offered a product(s) and/or service(s) provided by Go Explore Local’s partnership with third-party businesses. Your participation in the third-party offerings may subject you to terms and conditions, local laws, privacy policies, or other restrictions from that third party.

OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by Go Explore Local or others we license Content from, and is protected by copyright, trademark, patent and other laws. Go Explore Local reserves all rights not expressly described in these Terms.

All trademarks, service marks and trade names are owned, registered and/or licensed by Go Explore Local. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
To the extent Go Explore Local approves the download or use of Content comprised of copyrights or copyrightable works, Go Explore Local grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Go Explore Local makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Go Explore Local reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Go Explore Local reserves the right to take down any Content in violation of these terms or Go Explore Local’s intellectual property rights. Go Explore Local allowing you this limited use does not constitute a waiver of any of Go Explore Local’s rights to the Content.
Outside of the specific usage rights granted to you by Go Explore Local in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Go Explore Local’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

POSTING CONTENT ON THE PLATFORM

User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” Go Explore Local is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to Go Explore Local as described below:

You represent that you have the right to post your User Content, and you grant Go Explore Local a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Go Explore Local may, in its sole discretion, remove any User Content at any time.
You understand that deleted User Content may persist in Go Explore Local’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Go Explore Local a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

USER CODE OF CONDUCT

We’re excited to have you contribute to the Go Explore Local community. Here are a few basic rules:

Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
Do not do anything that may expose Go Explore Local or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
Do not use any data mining, robots, scraping or similar data gathering methods.
Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform – yours or anybody else’s.
Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
Do not collect or solicit personal information from other Platform users or send unsolicited messages.
Do not use automated technology to interact with the Platform.
Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Go Explore Local has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
Do not impersonate any person or organization, including Go Explore Local

COPYRIGHT INFRINGEMENT

Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. Go Explore Local may terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send copyright infringement complaints to:

Legal Department (Copyright)

119 Parker St. PO Box 183
Olathe, KS 66061

Telephone: +1.913-585-0286

hello@goexplorelocal.com

COMMUNICATION

You agree that Go Explore Local may communicate with you via email. This includes any legal notice under this Agreement as well as notice for any changes made to this Term.

PARTNERS ON THE PLATFORM

From time to time, the Platform may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean Go Explore Local endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. Go Explore Local is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

Third Parties. Go Explore Local may implement an application or “widget” from a third party on some of our sites and apps that allows interaction or content sharing by Go Explore Local users. These widgets are visible to you on the page you visit. The network providing the widget may offer controls for you to manage the widget’s appearance and functionality. Your interaction with a widget typically allows the third party to collect some information about you, including IP address, page header information, and browser information. In some cases, the third party may recognize you through its widgets even when you do not interact with the widget but visit a web page or use an app with the widget. Go Explore Local allows social buttons, applications, and widgets from the following partners:

Social Buttons

Widgets

Advertising Technologies. Most advertisements you see on Go Explore Local are served by Go Explore Local. However, we also allow certain companies to serve advertisements and collect information within our Platform. These companies include third party ad servers, ad agencies, technology vendors, providers of sponsored content, research firms, and other companies that help us provide more effective advertising.

These companies do things like help us deliver ads to people who are most likely to be interested in seeing them, keep track of the number of users who saw a particular ad or visited a particular page of one of our websites, analyze the effectiveness of our ads, and provide auditing, research and reporting for advertisers. Because your browser, app, or device communicates with the third party’s servers, these companies can collect information, including your IP address, page header information, browser or device information, just as if you had requested their webpage or used their apps directly. These companies may collect information to deliver you customized ads on both Go Explore Local and non-Go Explore Local websites, applications, and services. In some situations, Go Explore Local may interact with these companies outside of your browser or device, directly between our web servers.

The following third parties offer information about their data collection practices, and in some cases, an opt-out, on their respective websites. Please visit each company’s privacy policy to better understand the controls available to you.

Amazon

Some of these companies participate in industry-developed programs designed to provide consumers with choices about whether to receive interest-based ads.

Biometric Technology Providers. The biometric technology providers with whom we work are listed below. These companies may provide users choices about how they collect and use information. For more information, please review their privacy policies.

Apple – Integration of Apple’s TrueDepth API into Go Explore Local applications may allow you to use the Go Explore Local application, in combination with your device’s camera, to virtually apply face paint filters or face accessories to your facial image (this TrueDepth API functionality is collectively referred to below as “face filters”).

The Go Explore Local application will require access to your device’s camera in order for you to use the face filter functionality. This access may be toggled on or off at any time in your device’s settings.

The camera images and any resulting data from your use of face filters are only used for the current session and to provide the face filter functionality. The live video feed that you see while using the face filters is only used for the purpose of providing the feature, and this data is not stored locally or remotely. Further any data related to your use of face filters is stored only on the device, and only for the duration of your current face filter session. Each time the home screen is presented or the application is closed, the data is deleted. Go Explore Local does not store or share with third parties data related to your use of the face filters functionality.

Voice and Digital Assistant Providers. The voice and digital assistant providers with whom we work are listed below. These companies may provide users choices about how they collect and use information. For more information, please review their privacy policies.

Amazon
Apple

Go Explore Local applications may allow you to interact with them using Apple’s Siri functionality (iOS 12 or above). Use of Apple’s Siri with Go Explore Local applications requires your recorded audio data be sent to Apple for speech recognition, processing and/or transcription purposes. Such audio data may be used by Apple to improve and provide Apple products and services.

Google

Other Partnerships. Go Explore Local partners with companies who may offer products or services to you based on the current page content or other criteria. These partners may be in the form of the “Ad” and/or “Featured Benefit” bar. Because your browser, app, or device must request the content from the partner’s servers, these providers can collect your information, including your IP address, page header information, and browser information:

Amazon

USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. Go Explore Local is under no obligation to become involved with any user dispute but may do so at its own discretion.

WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you. [See Canada terms.]

The Platform, Content, and the materials and products on this Platform are provided “AS IS.” We are not making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Go Explore Local IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
Go Explore Local does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
To the fullest extent permitted by law, Go Explore Local disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.

TERMINATION

Go Explore Local may terminate or modify any Go Explore Local Platform, Your program, product or service at any time without notice.

Go Explore Local may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Go Explore Local, subject to applicable law.

You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
These Terms remain in effect even after your account is terminated or you have stopped using the Platform.

INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Platform, but Go Explore Local must also protect itself from any damages you may cause.

Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. [See Canada terms.] You agree to indemnify, defend, and hold harmless Go Explore Local, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Go Explore Local Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Go Explore Local Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada terms.] NONE OF THE Go Explore Local PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A Go Explore Local EVENT OR Go Explore Local PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF Go Explore Local HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST Go Explore Local IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF Go Explore Local IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, Go Explore Local’S LIABILITY SHALL NOT EXCEED US $100.00 OR the equivalent in your country’s currency.

APP MARKETPLACES: You acknowledge that this agreement is between you and Go Explore Local only, and not with the app marketplace where you downloaded a Go Explore Local app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).

DISPUTES / ADDITIONAL TERMS

Choice of Law/Jurisdiction

If you live in any of the following countries, different “Choice of Law/Jurisdiction” terms may apply to you: Canada and all European countries.

You agree that this Platform is a passive platform solely based in Kansas, USA, which does not give rise to personal jurisdiction over Go Explore Local in jurisdictions other than Kansas.
You agree that the Platform, Terms, Privacy Policy and any dispute between you and Go Explore Local shall be governed in all respects by Kansas law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase and inquiries of Go Explore Local products and services) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Johnson County, Kansas, USA.
You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Johnson County, Kansas.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications

By using the Platform, you agree to receive certain electronic communications from Go Explore Local, subject to applicable law.
You agree that any notice, agreement, disclosure or other communication that Go Explore Local sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability

Go Explore Local may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
Go Explore Local’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Go Explore Local’s rights. Users should always assume these Terms apply.
If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Thanks for reading. Please enjoy our community!

COUNTRY SPECIFIC TERMS

CANADA

Introductory Paragraph:

The section titled “Our Terms May Change” is qualified by the following:

“(a) Go Explore Local must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending Go Explore Local a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in Go Explore Local’s obligations.”

MULTIPLE SECTIONS: The terms set forth in the sections titled “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:

“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”

(DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:

“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable.”