1. Access and Use of This Website
a.Registration and Security.
b.Limitations on Use.
c.Cancellation and Account Deletion
d.Links to Third-Party Websites
e.Affiliate Links and Online Commerce
f.Interactive Features and Guest Posts
g.Reliance on Information Posted
h.Exiting Our Sites
2. Conduct and Behavior
3. Intellectual Property
4. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
5. Digital Millennium Copyright Act of 1998 (“DMCA”)
6. Sales Disclaimer
7. Terms of Sales and Fees
8. Payment Methods
9. Refund Policy
10. Disclaimer of Warranties
11. Your Own Security
12. Limitation of Liability
13. Indemnification
14. Our Compliance with COPPA
15. Governing Law and Venue
16. Severability and Waiver
17. Assignment
18. Changes to the Terms of Use
19. Contact Us
20. Entire Agreement
Last Update – April 12, 2023
This website (the “Site”) is owned and operated by Gotcha Mama (“Gotcha Mama,” “we” or “us”). These Terms of Use (“Terms of Use”) are applicable to you (“User,” “you,” or “your”). The terms contained herein apply to all Users of our Site. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Gotcha Mama. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
Read these Terms of Use carefully before you begin using this Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.
Note that these Terms of Use may be updated from time to time, and any User’s continued use of this Site after we have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the Terms of Use periodically for updates.
1. Access and Use of This Website
Access to certain portions of our Site is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, year of birth, gender, zip code, country, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”). By providing such information, you acknowledge and agree that We may, and You specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
a. Registration and Security.
You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, Your password has been lost or stolen, someone has attempted to use the services or Site through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.
b. Limitations on Use.
This Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and the Site’s content.
Without our permission, you are free to do the following while using or accessing our Site:
1. Download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
2. Establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site.
You must have our express written consent to do any of the following:
1. Use this content for commercial purposes, including selling or licensing printed or digital versions of our content.
2. Alter, transform, or build upon this work.
3. Re-posting and Translation Rights (We do not permit the re-posting of our posts in their entirety. In addition, we don’t allow the translation and publication of Gotcha Mama in other languages, as we don’t have the resources to validate the quality of work.)
4. You may not frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
c. Cancellation and Account Deletion
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
d. Links to Third-Party Websites
This Site may contain links to other websites on the Internet, and which are not maintained by us. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
e. Affiliate Links and Online Commerce
From time to time, our Site may include affiliate links to other websites (“Affiliate Links”). Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Gotcha Mama shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
f. Interactive Features and Guest Posts
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
1. Restrict or inhibit any other user from using and enjoying the Site.
2. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
4. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
5. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
7. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
8. Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
9. Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
10. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
11. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Gotcha Mama may host message boards, chats and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future.
Gotcha Mama or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Gotcha Mama staff, Gotcha Mama’s outside contributors, or by users not connected with Gotcha Mama, some of whom may employ anonymous user names. Gotcha Mama expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Gotcha Mama or any of its subsidiaries or affiliates.
Gotcha Mama has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
g. Reliance on Information Posted
We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other User of our Site, or by anyone who may be informed of any of our Site’s contents.
h. Exiting Our Site
You agree to sign out of your Account, each time you prepare to leave our Site.
2. Conduct and Behavior
You are solely responsible for all of your activity while using the Site.
1. As a condition of use of the Site, you represent and warrant that you shall not use our Site for any purpose that is unlawful, illegal, or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).
2. You also agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder.
3. You will not use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.
4. You will not use, choose, or otherwise select the username that is subject to the rights of another party, without that party’s express authorization.
5. You will not use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
You agree to maintain a positive sense of decorum in all of your interactions with other Users on our Site. You agree to maintain a courteous and professional rapport with other Users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of this Site.
3. Intellectual Property
a. Our Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, Gotcha Mama, owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within Our Site database(s), as part of our Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of our Site’s content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission, except for the limited permitted use as outlined above.
b. You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying services and the content published herein, by your use of our Site. Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use our Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the administrator. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Our Site or any portion of our Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Site without express written consent. Any unauthorized use terminates the permission or license granted by our Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gotcha Mama, so long as the link does not portray this site or its products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gotcha Mama logos or other proprietary graphics or trademarks as part of the link without express written permission. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentences.
4. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
1. Your Responsibility. When You post or otherwise submit information to our Site, You represent and warrant that You have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that You will not post any information to our Site, in any format, including but not limited to text, image, video, or audio, that You do not own.
2. YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, OR OTHERWISE PUT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DOCUMENT, IMAGE, VIDEO, OR CONTENT ONTO OUR SITE (“User-Submitted Content”) THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless Gotcha Mama, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding Your User-Submitted Content and a third party’s proprietary or intellectual property rights.
3. User-Submitted Website Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you put into this Site.
5. Digital Millennium Copyright Act of 1998 (“DMCA”)
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 the U.S. copyright law. If you believe in good faith that materials hosted by Gotcha Mama infringe your copyright, you, or your agent may send to Gotcha Mama a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Gotcha Mama actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Gotcha Mama a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Gotcha Mama’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected].
6. Sales Disclaimer
Your data is safe with us. Purchases are made through a secured, third-party system. Your financial information will never be shared with us. For more information on the services, products, and offers for sale by Gotcha Mama please click here to read the Disclaimer.
7. Terms of Sale and Fees
In consideration of your access to any program or service provided by Gotcha Mama, you agree to pay the following fees reflected on the sales page at the time of purchase. Pricing is subject to change and may increase.
You may choose between payment in full, or payment by installments. If You elect for the payment plan, You hereby authorize Gotcha Mama to charge your credit card or debit card automatically according to the terms set forth in this section. In any case, you will remain responsible for any and all payments (including remaining payments on a payment plan) unless you obtain a refund according to the Refund Policy set forth below.
You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, Gotcha Mama shall immediately suspend your access to the Program and take further action until payment is made in full according to the terms of sale.
8. Payment Methods
If you elect for the payment plan, You hereby authorize Gotcha Mama to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.
If you do not request a refund within the terms of the program with the requirements at the time of your refund request, you are required by law to complete the remaining payments of your payment plan, and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
9. Refund Policy
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the program(s). That money-back guarantee is governed by the following terms. You must also demonstrate that you have attempted to implement the program without success. In order to qualify for a refund you must submit proof that you completed the work in the program and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of enrollment, you must contact our support team at [email protected] and let us know you’d like a refund by the 30th day at 11:59 EST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund.
The work that you need to submit with your request for a refund for the Pitch Accelerator program includes ALL of the following items:
-Your completed Action Items for all weeks released up to date of request
-Proof that you watched all recorded training videos released prior to date of request
-Your proof of attendance at all Live Calls released prior to date of request
We will NOT provide refunds for any request that comes more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Please note: This refund policy applies to all products and programs EXCEPT Full Service Podcast Pitching Packages, which are subject only to the terms outlined in the separate Agreement executed between client and Gotcha Mama.
Please note: This refund policy applies to all products and programs EXCEPT Full Service Podcast Pitching Packages, which are subject to the separate agreement executed between client and Gotcha Mama.
If you opted for a payment plan and you do not request a refund within 30 days, with the required proof and conditions at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, Gotcha Mama will promptly issue an instruction to its payment processor to issue the refund. Gotcha Mama does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and Gotcha Mama’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, media lists, and other resources.
All refunds are discretionary as determined by Gotcha Mama. To further clarify, we will not provide refunds for requests made after the 30th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].
10. Disclaimer of Warranties
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
GOTCHA MAMA, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR SITE OR INFORMATION FOUND ON OUR SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN OR ON OUR SITE. WE DO NOT WARRANT THAT OUR SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
11. Your Own Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
12. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GOTCHA MAMA, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF OUR SITE.
You acknowledge that you are responsible for any actions you take while on our Site. You recognize that your use of our Site and any subsequent actions arising from your use of our Site are taken solely at your own risk.
IN NO EVENT WILL GOTCHA MAMA, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITE, 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, LOSS OF BUSINESS OPPORTUNITIES, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification
You will indemnify, defend, and hold harmless Gotcha Mama, our companies, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
1. your access to or use of our Site, including but not limited to its services and its content;
2. your violation of any of the provisions of these Terms of Use;
3. any activity related to your account by you or any other person accessing our Site through your account, including, without limitation, negligent or wrongful conduct; or
4. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
For purposes of clarity, these indemnification obligations apply to your use of our Site, along with your use of our Site’s content and services, other than as expressly authorized in this Terms of Use, your use of any information obtained from our Site, and any information you provide to our Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. Our Compliance with COPPA
THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.
Moreover, If you are under 18 years of age, you should not provide any personally identifiable information on our Site without the knowledge and permission of your parent or guardian.
15. Governing Law and Venue
This Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Davidson County, Nashville, Tennessee. Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
16. Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein 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 us to assert a right or provision shall not constitute a waiver of such right or provision.
17. Assignment
This Agreement shall be binding upon and inure to the benefit of Gotcha Mama and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Gotcha Mama. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Gotcha Mama to any affiliated entity or any of its wholly owned subsidiaries
18. Changes to the Terms of Use
We will make changes to these Terms of Use from time to time. The date that these Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Site and these Terms of Use to check for any changes.
19. Contact Us
To ask questions or comment about these Terms of Use, you may contact us at:
E-mail Address: [email protected]
Mailing Address:
Attention: Website Inquiry
Gotcha Mama
1006 Persimmon Drive
Spring Hill, TN 37174
20. Entire Agreement
These Terms of Use, along with the Privacy Policy, represent the entire understanding and complete agreement by and among you and Gotcha Mama.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.