Terms

PLEASE READ THESE TERMS OF USE CAREFULLY, WHICH CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

Goodshuffle, LLC (“GS”, “we”, “us”) provides the user (“you”) with a platform via www.GoodShuffle.com (“GoodShuffle”) for facilitating the business-to-business, business-to-consumer, or peer-to-peer sharing, rental, and sale of third-party products and services. By using GoodShuffle, you agree to these Terms of Use as a legal contract (the “Agreement”) between you and GS.

In order to use GoodShuffle, you must first agree to the terms and conditions of this Agreement. Please read the Agreement carefully before registering with or using GoodShuffle. If you do not agree to comply with the terms of this Agreement, you should not indicate your acceptance of it, and should not use GoodShuffle. You cannot register as a GoodShuffle user unless and until you have expressly indicated your acceptance of this Agreement.

We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided during the registration process. Otherwise, you may view the most recent Agreement on www.GoodShuffle.com. GS has the right, in its sole discretion, to limit, modify, interrupt, suspend or discontinue all of any portions of GoodShuffle at any time without notice. GS shall not be liable for any purported harm or loss arising from or in connection with any such limitation, modification, interruption or suspension.

DEFINITIONS

“User” means any person or entity who has registered to use GoodShuffle.

“Vendor” means any User who has made an item available for rent on the GoodShuffle site.

REGISTRATION AND USE

Eligibility. Registered users of GoodShuffle (each a “User”) must be of legal age in their applicable state or other jurisdiction to form and perform binding legal contracts for the rental/exchange between them. Use of GoodShuffle by anyone who does not meet this age requirement is unauthorized. Your registration for, and/or use of, GoodShuffle constitutes your representation that (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement. Registration is void where prohibited.

By registering to use GoodShuffle, (i) you affirm that you are at least 18 years of age or the age of majority in your state or jurisdiction of residence, and (ii) you agree to provide accurate, current, and complete information during the registration process, including your real name and contact information (“Registration Information”). We reserve the right to refuse registration, terminate accounts, cancel transactions, and remove or edit content for any reason at our sole discretion. GS may, in its sole discretion and without notice, start, stop and modify any regulation or enforcement measures at any time. GS action or inaction to regulate content or conduct or to enforce any potential violation of this Agreement does not waive GS’s right to enforce the terms of this Agreement with respect to any similar or future potential violation of this Agreement.

Online Account Security; No Assignment. Upon registration, you will select a unique password. Your username will be your email address. You are responsible for maintaining the security and confidentiality of your username and password. You are further responsible for any and all activity on your account. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account. GS will not be liable for any loss or damage arising from unauthorized access to or use of your account caused by your failure to comply with this provision.

CONDITIONS OF USE

Limited License. Conditioned on your compliance with this Agreement, GS grants to you a personal, limited, nonexclusive, nontransferable license to use GoodShuffle. We reserve all rights of ownership in GoodShuffle not expressly granted to you. We or our licensors own all right, title and interest in and to GoodShuffle and its content, including its look and feel, as well as all patents, copyrights, trademarks, and other intellectual property rights in such content (“GoodShuffle Content”). Neither your account nor any of your rights or obligations as a GoodShuffle User may be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity without our prior written consent.

Personal Conduct. As a condition of the license granted to you to use GoodShuffle, you expressly agree that you will not use GoodShuffle in any manner or for any purpose that violates any applicable law or regulation, or any term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify GoodShuffle in any manner or form, (iii) copy, distribute, or create derivative works based on the GoodShuffle Content, (iv) impair GS’s or any other person’s use or enjoyment of GoodShuffle or of any good or service procured through GoodShuffle, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey GoodShuffle, the GoodShuffle Content, or any elements thereof.

The following is a non-exhaustive list of conduct that is expressly prohibited when using or accessing GoodShuffle:

Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of GoodShuffle, or of any User or other party.
Any attempt to probe, scan or test the vulnerability of a system or network of GoodShuffle, or of any User or other party.
Interference, or any attempt to interfere, with service to any User, host or network, including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system.
Forgery of any TCP-IP packet header or any part of the header information in an e-mail or posting.
Falsification of address information or other modification of e-mail headers to conceal the sender’s or the recipient’s identity.
Use of GoodShuffle to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
Posting or transmitting content on behalf of another; Users must only post content on their own behalf.
Posting content to or through GoodShuffle (in whole or in part) using any automated means.
Any use of GoodShuffle that we deem, in our sole discretion, to be exploitative, harassing, or otherwise harmful to any other person or entity.
Use of GoodShuffle to engage in activities that violate any applicable law or governmental regulation, including, without limitation, laws and regulations relating to (i) the possession, use, or distribution of weapons, alcohol, prescription drugs or other restricted substances, (ii) pornography, (iii) computer malware, (iv) professional licensing requirements, and/or (v) any other activity which is subject to criminal or civil penalty.

Use of GoodShuffle to lease, rent, distribute, sell or otherwise transfer any of the following is also expressly prohibited:

Animals and animal by-products.
Products of the human body, including, without limitation, human organs.
Drugs and medical accessories or equipment.
Military equipment and devices, firearms, ammunition or other materials of war, as well as firearms that are not considered materials of war, including, without limitation, firearms and their ammunition that are classified for self-defense, hunting rifles and their ammunition, grenades, and exhibition or antique firearms and their ammunition.
Gambling or lottery devices, and devices in connection with games of chance, except for entertainment purposes when no real money is exchanged.
Surveillance devices (i.e., devices created for the purpose of spying, hijacking, monitoring long distance communication transmitted via telecommunication, and other controlled devices of this nature that are proscribed under any federal or state laws of the United States).
Fireworks.
Libelous goods or services (i.e., goods or services containing messages that are libelous, injurious, and/or counter to any laws concerning the honor, representation and reputation of others).
Stolen or illegally possessed goods.
Goods that have been in contact with blood, saliva or sexual organs.
Cultural goods.
National treasures or goods that represent a major national interest of any country or territory.
Goods that are by their nature suitable for consumption, destruction, degradation or being otherwise used up.
Alcoholic beverages, and goods that directly or indirectly promote alcohol consumption by minors.
Goods of an indecent, pornographic, pedophilic or violent nature — or that are otherwise inappropriate for minors.
Goods of an adult or sexual nature. (i.e., associated with sexual activity, representations of genital organs, sex toys etc.).
Goods that incite discrimination, violence, xenophobia, anti-Semitism or racial hatred.
Goods that infringe intellectual, industrial or artistic property rights, or infringe author rights (including, without limitation, counterfeit goods).
Bank cards, credit cards, debit cards, checks and check books.
Official documents.
Illegal recordings (i.e., that violate applicable wire-tapping or similar laws).
False or otherwise counterfeit documents, currency and stamps.
Official government or third-party uniforms and badges.
Personal files and data.
Machines for stamping.
Materials for opening locks.
Any materials, instruments, programs or other items intended for the purpose of creating or protecting against counterfeiting or the falsification of bills or change.
Plants and vegetables that are illegal to own or sell in the United States.
Magic trick materials.
Pocket-bikes, mini-motorcycles and other motorized passenger vehicles, like mopeds, regular motorcycles, riding lawn mowers, tractors, cars, trucks, and water vehicles (but excluding electric bicycles).
Dangerous and illegal products.
Substances designed to bring about death, and products that advocate methods of murder.
Pirated goods, and products that lack a serial number or certificate of authenticity.
Products or goods where the expiration date will have passed by the proposed time of rental.
Under garments.
Dangerous, illicit or harmful substances.
Narcotics and associated materials.
Explosive substances, nuclear materials, or materials fabricated through the aid of explosives.
Tobacco and its derivatives, tobacco products, or other articles that in any way represent or are reminiscent of tobacco.
Uniforms or other items containing badges or emblems that signify organizations or people who have been responsible for crimes against humanity (e.g., swastikas).

Content. GoodShuffle is intended and designed as a local service. A User may post content only in connection with the single specific geographic area offered in GoodShuffle. You are solely responsible for all of the information and/or materials that you publish, display or otherwise communicate in any manner through GoodShuffle or transmit to any other User (“User Content”). You will not post or distribute to another User any illegal or prohibited User Content, including, but not limited to, User Content that:

is patently offensive, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
harasses or advocates harassment of another person.
involves the transmission of unsolicited mass mailing (i.e., “spamming”).
contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities.
is abusive, threatening, obscene, defamatory or libelous.
contains or promotes distribution of, or access to, any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
contains restricted or password-only access pages, or hidden pages or images (i.e., those not linked to or from another accessible page).
contains or provides material that exploits people under the age of 18 in a sexual or violent manner.
solicits personal information from any minor (i.e., under 18 years of age, or the age of majority in their state or jurisdiction of residence).
impersonates any individual.
provides instructional information about illegal activities, such as, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
solicits a password or personally identifying information for commercial or unlawful purposes from another User.
engages in commercial activity other than standard goods rental and/or sales without our prior written consent (such as, but not limited to, conducting contests, sweepstakes, advertising, and/or pyramid schemes).

You acknowledge and agree that we may (but have no obligation to) review and revise or delete any User Content, message, or other material posted to or sent through GoodShuffle that we in our sole discretion determine is in violation of this Agreement, or might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Users, persons or entities. We further reserve the right to refuse use of GoodShuffle or any other service of GS to anyone, for any reason. However, you remain solely responsible for User Content posted or otherwise communicated by you, and the goods and services exchanged by you, through GoodShuffle.

GS takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage related thereto, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter or engage in. Further, GS is not liable for any statements, representations, or User Content provided by Users through GoodShuffle, and GS is not responsible for the content or text of, or any typos, misspellings, grammar or other errors in, User Content. We cannot be responsible for maintaining any User Content that you provide, and we may delete or destroy any such User Content at any time, in our sole discretion.

Accuracy of Information. You acknowledge and agree that you are solely responsible for the accuracy and content of your User Content. You will not provide inaccurate, misleading or false information to or through GoodShuffle or to any other User. You agree to promptly notify us if information provided to or through GoodShuffle or to another User later becomes, or is discovered to be inaccurate, misleading or false. GS does not warrant that rental descriptions or other User Content is accurate, complete, reliable or error-free. If a product or service you obtain from another User does not meet your expectations, your sole remedy is to pursue the issue with that User in accordance with applicable laws.

Insurance. You are solely responsible for any loss or damage suffered as a result of lending, leasing, renting, distributing, selling products or services to other Users, or otherwise obtaining, borrowing from and/or using, any good or service of another User via GoodShuffle. You are responsible for obtaining and maintaining any insurance which you deem necessary or advisable to cover any loss or damage to such good or service you make available to other Users, loss or damage incurred by anyone in connection with the use or provision of such good or service, and/or any other loss or damage that may result in connection with your use of GoodShuffle. To the extent that you maintain such insurance, you are solely responsible for ensuring that your policy covers the intended exchange of the good or service.

Links to Third Party Sites. GoodShuffle may contain hyperlinks to websites that are not controlled by us, and which have their own terms of service and privacy policies. We are not responsible for, and do not endorse or accept any responsibility for, the contents of, or your use of, such websites, and we do not investigate, monitor or check such websites for accuracy, appropriateness, legality, authenticity, reliability, completeness, or any other criteria.

Violations. You agree to promptly report to us any violation of the terms of this Agreement by you or any other User.

INTERACTIONS WITH USERS

What We Do

Through GoodShuffle, we provide a platform for facilitating the business-to-business, business-to-consumer, or peer-to-peer sharing, rental, and sale of products and services between Users. We charge fees for using our services, which we may change from time to time by posting the changes on the GoodShuffle site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

When renting an item through GoodShuffle, you enter into a legally binding contract once you commit to rent an item or if your request is accepted by the Vendor. The actual contract for rental is directly between the User and the Vendor. You may be asked to agree to terms of agreement specifically set by the Vendor. These terms may be customized to fit a particular Vendor’s needs. GoodShuffle is not responsible for reviewing, verifying, or guaranteeing the accuracy of any information in any terms of agreement set by a Vendor. Vendors may change their terms of agreement from time to time, with or without notice. GoodShuffle is not responsible with providing Users notice when a Vendor changes its terms of agreement. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR, MUST EVALUATE AND MAKE YOUR OWN JUDGMENT ABOUT, AND BEAR ALL RISKS ASSOCIATED WITH REVIEWING ANY TERMS OF AGREEMENT SET BY A VENDOR BEFORE RENTING AN ITEM OR REQUESTING TO RENT AN ITEM. Vendors may also set cancellation policies, which may be waived or reduced at the Vendor’s discretion, but Users are otherwise expected and legally obligated to abide by the terms of any cancellation policy associated with a rental. Cancellation policies may be general and/or specific to a particular item or type of item, and one or more cancellation policies may apply to a given rental request. Each cancellation policy may provide a different rate or schedule of rates for a particular item or type of item. Vendors may change their cancellation policies from time to time, with or without notice. GoodShuffle is not responsible with providing Users notice when a Vendor changes its cancellation policy. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR, MUST EVALUATE AND MAKE YOUR OWN JUDGMENT ABOUT, AND BEAR ALL RISKS ASSOCIATED WITH REVIEWING ANY CANCELLATION POLICY SET BY A VENDOR BEFORE RENTING AN ITEM OR REQUESTING TO RENT AN ITEM.

What We Don’t Do

We do not directly or indirectly participate in any transactions between Users of GoodShuffle, and we do not verify or guarantee the truth or accuracy of any information posted by any User with regard to the existence, availability, authenticity, quality, or value of any item offered through GoodShuffle. We do not and cannot guarantee that transactions entered into between Users will be completed.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, MUST EVALUATE AND MAKE YOUR OWN JUDGMENT ABOUT, AND BEAR ALL RISKS ASSOCIATED WITH (I) YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR IN PERSON, AND (II) YOUR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE BY OTHER USERS.

You acknowledge that we do not screen or investigate the background of any Users, nor do we verify or otherwise warrant the accuracy of any representations or statements made by any User to you or others regarding their products or services. Your dealings with Users, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such User exclusively and do not involve GoodShuffle or its sponsors or enterprise partners. It is your sole responsibility to make any necessary, appropriate, prudent, reasonable or judicious investigation, inquiry, research and due diligence with respect to User Content and take whatever precautions you deem necessary or appropriate prior to interactions and transactions with other Users, whether online or in person. GOODSHUFFLE AND ITS SPONSORS AND ENTERPRISE PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY USER.

E-COMMERCE

Registration to use GoodShuffle is free of charge. All prices and fees in connection with products and services offered by Users through GoodShuffle, including the amounts of any security deposits, are established by individual Users. All prices and fees listed through GoodShuffle should be in U.S. Dollars (including $0 U.S. Dollars for an item offered without charge). GoodShuffle does not support barter transactions, (i.e., offering to rent an item in exchange for another product or service). Prices and availability of goods and services offered by users may change due to market conditions and without notice. You may pay individual Users for your orders through GoodShuffle with a variety of forms of payment. GS itself does not process such payments. GS uses Stripe (“Stripe”) payment services to process payments, which accepts Visa®, Mastercard®, Discover® and American Express®. By using the Stripe payment services available through GoodShuffle, you agree to provide your financial account and related billing information to Stripe, be bound by Stripe’s terms and conditions (available at https://stripe.com/us/terms along with its privacy policy:https://stripe.com/us/privacy), and you hereby consent and authorize us to share the information you provide to us with Stripe to the extent required to provide the payment services to you. Stripe may also be contacted directly for payment support at [email protected]. Payment information is required at the time that you place a rental order (i.e., offer to rent from another User) but, generally, your payment method is not charged until the owner of the rental accepts your rental order. However, we may pre-authorize your order amount with your card issuer at the time you place a rental order.

From Stripe: Payment processing services for Users on GS are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as a User on GS, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of GS enabling payment processing services through Stripe, you agree to provide GS accurate and complete information about you and your business, and you authorize GS to share it and transaction information related to your use of the payment processing services provided by Stripe.

Any refunds of fees charged in connection with the rental are within the discretion of the Vendor of the item in question.

INTELLECTUAL PROPERTY RIGHTS & RESTRICTIONS

Our Content

GoodShuffle, GoodShuffle Content and all elements thereof are owned by GS, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. GS owns and retains all rights, including the worldwide copyright, in all elements of GoodShuffle solely and exclusively, for the duration of the rights in each country, in all languages.

Except as expressly provided herein or otherwise authorized by GS in writing, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any GoodShuffle Content without our prior written permission. You may not “mirror” any materials contained on GoodShuffle on any other server without our prior express written permission. Any unauthorized use of any GoodShuffle Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

GoodShuffle and the GoodShuffle logo are trademarks or registered trademarks of GS. All other trademarks or registered trademarks are the property of their respective owners. The use of company names, product names and logos or images on GoodShuffle does not necessarily constitute an endorsement of the named company or products by, or association with the named company or products with, GS.

Portions of GoodShuffle are the subject of one or more patents, including without limitation, US Patent Number 7,933,808.

User Content

We claim no ownership of any intellectual property rights to any User Content you post to or through GoodShuffle. To the extent that you own the rights to such User Content, you retain those rights solely and exclusively. In other words, User Content you upload to GoodShuffle is and will remain yours. However, understand that by posting User Content to or through GoodShuffle, (i) you are allowing others to view that User Content and (ii) you grant us and our designees a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sublicenseable right and license to use, distribute, copy, reproduce, disclose, transmit, modify, translate, adapt, create derivative works from, publicly perform, publish and/or display in any format or medium and otherwise exploit all such User Content (in whole or in part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes.

Process for Submitting Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act and other applicable law, we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted through or to GoodShuffle. If you believe in good faith that content hosted by us infringes your copyright, then provide our Registered Agent with the written information requested below.

A full and complete identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, information that will allow us to locate that material on GoodShuffle, such as a link to the infringing material.
Your name, address, email and telephone number.
Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement should be emailed or mailed, at your choice, to:[email protected] or Goodshuffle, LLC, 1775 Wiehle Avenue, Suite 400, Reston, VA 20190, Attn: Copyright Agent – EFH.

We will review and address all notices that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to GoodShuffle for any person who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

PERSONAL INFORMATION AND PRIVACY

In the course of your use of Good Shuffle, we may obtain certain personal information from you. Note that any such personal information will be treated by GS in accordance with GS’s Privacy Policy, which is hereby incorporated into this Agreement by reference for all purposes.

USER REPRESENTATIONS AND WARRANTIES

You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of GoodShuffle complies with all applicable laws, and does not violate the rights, including intellectual property rights, of any third party. By submitting User Content, you represent and warrant that the User Content is original to you, that no other party has any rights thereto, that any “moral rights” in such User Content have been waived and that such User Content, and our uses thereof, do not violate, misappropriate or infringe any third party right.

DISCLAIMER; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY GS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. GS, ITS AFFILIATES, AND ITS SPONSORS AND ENTERPRISE PARTNERS DISCLAIM ALL WARRANTIES RELATING TO GOODSHUFFLE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF GOODSHUFFLE IS SOLELY AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL GS, ITS AFFFILIATES, OR ITS SPONSORS OR ENTERPRISE PARTNERS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE USER (INCLUDING YOU) IN CONNECTION WITH THE USE OF GOODSHUFFLE, OR THE USE OF ANY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS, COMMUNICATIONS, MEETINGS, AGREEMENTS OR OTHER DEALINGS BETWEEN USERS, OR PERSONS INTRODUCED THROUGH GOODSHUFFLE, WHETHER ONLINE OR OFFLINE. GS MAKES NO REPRESENTATION OR WARRANTY AS TO THE CHARACTER, CREDIT-WORTHINESS, RENTAL HISTORY OR OTHER QUALITY OF ANY USER. GS DOES NOT, AND SHALL HAVE NO OBLIGATION TO, SCREEN AND/OR INDEPENDENTLY VERIFY THE INFORMATION OR OTHER MATERIALS SUPPLIED AND/OR PROMISED BY ANY USER, WHETHER OR NOT SUCH INFORMATION OR MATERIALS ARE POSTED ON GOODSHUFFLE.

GS, ITS AFFILIATES, AND ITS SPONSORS AND ENTERPRISE PARTNERS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY GS ITSELF, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE MADE AVAILABLE VIA GOODSHUFFLE.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GS, its affiliates, and their respective officers, directors, employees, agents, subcontractors, sponsors, and enterprise partners for and against any losses, costs, damages, liabilities and expenses (including, without limitation, attorneys’ fees and costs) arising out of or relating to (i) any intentional or willful violation by you of any rights of another or harm to another caused by you or any product or service you make available through GoodShuffle, (ii) content you post or transmit to or through GoodShuffle, (iii) activity that occurs through or by the use of your GoodShuffle account (including, without limitation, all content posted or transmitted), (iv) your use of or reliance on any User Content, and (v) any violation by you of any term of this Agreement.

TERMINATION

Either you or we may terminate your account and registration with GoodShuffle at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. We reserve the right to immediately suspend or terminate your access to GoodShuffle or any other GS service, without notice, if we, in our sole discretion, determine that you have violated any term of this Agreement. In the event that your access is suspended due to the breach of this Agreement, you acknowledge and agree that any fee(s) you have paid for such service will not be refunded. Following any termination of your account and registration, we reserve the right to send a notice that you have been terminated to other Users with whom you have corresponded.

NOTICES

Unless otherwise indicated in this Agreement, notices and communications required or permitted to be made pursuant to this Agreement shall be sent by certified or registered mail, postage prepaid or electronic mail as follows: if to you, to the most current email address or physical address on file with GoodShuffle in association with your membership or account; if to GS:

Goodshuffle, LLC.
1775 Wiehle Avenue, Suite 400
Reston, VA 20190
Attn: Copyright Agent – EFH

GOVERNING LAW

This Agreement shall be construed and interpreted in accordance with the laws of the State of Virginia, without giving effect to its choice-of-law rules. The federal and state courts of the State of Virginia shall be the exclusive forum for resolution of claims or disputes relating to or arising out of this Agreement or your use of GoodShuffle. You submit to the exclusive jurisdiction of the appropriate state or federal courts in Fairfax County, Virginia, in any proceeding relating to any such claim or dispute.

GENERAL CONDITIONS

This Agreement contains the entire agreement between you and GS regarding the use of GoodShuffle and any product or service obtained in relation thereto, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement), whether oral or written. Unless otherwise explicitly stated, the terms of this Agreement will survive termination of your account and registration. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

QUESTIONS?

If you have any questions or concerns about this Agreement or GoodShuffle, please click here to contact us.