Overview

We are BarGO LLC ("BarGO", "we", "us", or "our"). These Terms and Conditions ("Terms") govern access to and use of our websites that link to these Terms (each a "Site") by site visitors as well as individual users of any of our products, services, and applications (collectively, together with the Site, the "Services").

Acceptance Of Terms

These Terms are a legally binding agreement. By using the Services, you agree to the Terms. If you don't agree with these Terms, please don't use the Services.

Our Privacy Policy is incorporated and forms a part of these Terms. Please review these documents prior to using the Services. To the extent allowed by applicable law, by using the Services and agreeing to these Terms, you agree to the Privacy Policy.

By using our Services, you acknowledge and agree to comply with all applicable rules, policies, and guidelines set forth by these platforms. We are not liable for any consequences arising from your failure to comply with these third-party platform terms and conditions.

All references to "you" or "your," as applicable, mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.

We reserve the right to change or update these Terms from time to time at our sole discretion. Such changes or modifications will be posted here with an updated "Last Updated" date above. Please review the Terms frequently for any changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. Your continued use of the Services following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Services.

1. General Conditions

We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Services, including the Site, are not intended for children, and you must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that (a) you are over 18 years old and at least the age of majority in your state or province of residence, or (b) you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services.

You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

2. Access To Services

You must use the Services only in compliance with these Terms and applicable law. You may not do, attempt to do, enable, or encourage anyone else to do, anything illegal or (as determined by us) anything objectionable or inappropriate in connection with the Services, including but not limited to the following:

• use the Services in violation of, or in connection with violating, any applicable law or any legal or contractual rights of us or any third party, or any obligations you may have to any party (including, without limitation, intellectual property rights, privacy or publicity rights, and confidentiality obligations).
• reproduce, duplicate, copy, sell, resell, exploit, or use for a commercial purpose that does not benefit BarGO any portion of the Services, or use of or access thereto;
• interfere with, disrupt, or create undue burden on the Services or the networks or services connected thereto by any means;
• crawl, scrape, or use other automated means like "spiders" and "robots" to access or collect data from the Services;
• circumvent any of the Services' security measures, reverse engineer any portion of Services, obtain any source code, or create back doors or any form of unauthorized access to the Services;
• upload, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Services; or
• Use the Services in any way not specifically permitted by these Terms.

BarGO reserves the right to hold you liable for any and all amounts due via the Services based on your actions for any reason.

3. Accuracy And Completeness Of Information And Prices

We do not warrant that information made available on or through the Services is accurate, complete, reliable, error-free or current. Occasionally the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, availability, and representations of third-party partners about their products or services. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update such information at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by law.

4. Intellectual Property Rights; Data Rights; User Content

All content on the Services is owned by BarGO and its licensors, including information, material, software, images, text, graphics, passes, logos, interfaces, videos, pictures, sounds, scripts, "look and feel" of the Services, and all related intellectual property rights ("BarGO Content"). You may not copy, display, create derivative works from, or otherwise use any BarGO Content without BarGO's or our licensors' explicit authorization. BarGO grants you a non-exclusive, non-transferable, and revocable limited license to access and use the Service consistent with these Terms. Any rights not expressly granted herein are reserved by BarGO and its licensors. BarGO will have no liability to you for any damage or loss arising from unauthorized uses.

We may use the information obtained through the Services to provide you with the Services, to develop new features and improve existing ones, for analytics, and to share with our affiliates, third party partners, or advertisers. We may aggregate and/or deidentify data and use and/or share it with anyone and for any purpose, including but not limited to, analytics, research, and marketing.

Notwithstanding the foregoing, any content in any medium that is uploaded, posted, or otherwise provided by users to the Service, including but not limited to pictures, videos, posts, and feedback (collectively, "User Content") is owned by such users. By providing BarGO with any User Content, you irrevocably (except to the extent you exercise applicable rights under local data protection laws): grant to BarGO a world-wide, perpetual, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, adapt, adopt, publicly display, distribute, translate and create compilations and derivative works from, or otherwise use, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Services. You also waive your moral rights to the User Content, and hereby grant each user of BarGO a non-exclusive license to access your User Content submitted to or through the Services for any lawful purpose. None of the User Content you post on, upload or otherwise submit to or through, the Services (other than personal information) will be deemed confidential.

You understand and acknowledge that you are responsible for User Content, and you, not BarGO, assume all risks associated with User Content, including anyone's reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in User Content that makes you or anyone else personally identifiable. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorize the use of User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by BarGO.

BarGO does not control, is not responsible to review, and does not necessarily regularly review any User Content. Notwithstanding the foregoing, BarGO reserves the right to review any User Content at any time in its sole discretion, for any reason or no reason, and to delete or edit any User Content with or without notice. BarGO is not responsible or liable for damages of any kind arising from any User Content, even when BarGO is advised of the possibility of such damages, or for BarGO's removal of any posting.

BarGO makes no representations or warranties regarding the User Content, and does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

5. Third-Party Services

The Services may contain links to or integrations with third-party vendors, websites, platforms, applications, or services (collectively, "Third-Party Services") that are subject to different terms and privacy practices. Your use of and interactions with any Third-Party Services (including any purchases made on Third Party Services) are governed by the third party's terms and not by these Terms. You interact with Third-Party Services at your own risk.

We do not own or control Third-Party Services, and we are not responsible or liable for any aspect of such Third-Party Services, including but not limited to any harm or damages related to any interactions or transactions you may have with Third-Party Services (such as any information, content, or materials provided by Third-Party Services or your purchase or use of any products or services from Third-Party Services). Links and integrations to Third-Party Services are not an endorsement or recommendation.

Please review carefully any third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

6. Terms For Purchases Made Through The Services

These Terms govern purchases made through the Services, and this section 6 contains additional terms that govern such purchases. These Terms do not cover any purchases made from, or other interactions with, Third-Party Services.

6.1. Accuracy

We do not warrant that information made available on the Services is accurate, complete, reliable, error-free or current. Occasionally the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, change or update information, and cancel any orders if any information in the order is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including without limitation pricing information except as required by law.

We have made every effort to display the images of products that appear on the Services as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.

6.2. Order Acceptance, Billing, and Tickets

We reserve the right to refuse any order you place with or through our Services. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer, the same credit card, or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, phone number, or physical address provided when you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase for all purchases made on the Services.

You also agree that you will pay for all purchases made through the Services and are responsible for timely payment of all purchases. You agree that BarGO may charge your payment method for any tickets purchased and for any additional fees, which may include: taxes or service fees. All charges are due immediately upon finalizing a purchase.

Each ticket purchased is valid for one night only unless stated otherwise on the ticket. BarGO is not liable for any damages or funds lost due to tickets not being redeemed. Each BarGO ticket does not guarantee entry to any location. Admittance of individuals is up to the discretion of the venue. BarGO is not liable for any repercussions due to lack of admittance to a venue.

6.3. Pricing

Prices are subject to change without notice, and we do not provide protection in the event of a price change. The total price will include the price of any purchase and the appropriate tax or fee. Cover may not be included in the price shown on the Services. Pricing errors may occur on the Services. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation from us. We may, in our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products on the Services may differ from pricing for similar products sold by other providers.

7. Communications

7.1. In General

We may communicate with you using email, autodialed or prerecorded calls, and text messages, at any telephone number that you provide us, to: (a) resolve a dispute; (b) collect a debt; or (c) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

You agree to receive electronic communications from us. These communications may include notices concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and will have full legal effect.

You also agree that any transaction or agreement undertaken on or through the Services, including your agreement to these Terms, is an electronic transaction or agreement.

7.2. SMS Terms

Message and data rates may apply to messages that we send you or that you send us. You may receive multiple, recurring messages. You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. We and mobile carriers are not liable for delayed or undelivered messages.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

8. Disclaimer Of Warranties

YOUR USE OF OR INABILITY TO USE THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BARGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

BARGO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE SOME OR ALL OF THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL SOME OR ALL OF THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. Limitation Of Liability And Assumption of Risk

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE WILL BARGO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BARGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

IN NO EVENT WILL BARGO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.00.

IF THE JURISDICTION WHERE YOU RESIDE DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY PROVIDED IN THESE TERMS, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BARGO AND YOU.

As part of the Services, BarGO sells tickets to bar crawls which are events in which a group of people visits multiple bars in a single session (a "Bar Crawl"). If you purchase a BarGO ticket in connection with a Bar Crawl, you also agree to the following:

YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE POSSIBLE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH YOUR PARTICIPATION IN THE BAR CRAWL INCLUDING THE RISK OF SEVERE OR FATAL INJURY TO YOURSELF OR OTHERS. THESE RISKS INCLUDE BUT ARE NOT LIMITED TO: (A) THE RISKS ASSOCIATED WITH TRAVEL TO AND FROM LOCATIONS TO BE VISITED DURING THE BAR CRAWL, INCLUDING TRANSPORTATION PROVIDED BY COMMERCIAL, PRIVATE AND/OR PUBLIC MOTOR VEHICLES; (B) INTOXICATION AND/OR ALCOHOL POISONING FROM THE ALCOHOL YOU CONSUME WHETHER VOLUNTARILY OR THROUGH COERCION; (C) THE POSSIBILITY OF DEATH OR BODILY INJURY OF ANY KIND FROM (1) FALLING DOWN, (2) BEING KNOCKED DOWN OR BEING INVOLVED IN A PHYSICAL ALTERCATION WHETHER CAUSED BY YOURSELF OR SOMEONE ELSE; AND (D) THE RISKS ASSOCIATED WITH RETURNING TO YOUR RESIDENCE AFTER PARTICIPATING IN THE BAR CRAWL, WHETHER TRAVELING BY FOOT OR IN ANY KIND OF COMMERCIAL, PRIVATE AND/OR PUBLIC MOTOR VEHICLE. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT (A) YOU ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE BAR CRAWL WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED, AND (B) BARGO IS NOT RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE OF ANY KIND SUSTAINED BY YOU OR ANY PERSON WHILE PARTICIPATING IN THE BAR CRAWL, INCLUDING ANY INJURY, LOSS OR DAMAGE WHICH MIGHT BE CAUSED BY THE ACTIONS, INACTION, OR NEGLIGENCE OF YOU OR OTHERS.

YOU AGREE (X) TO ASSUME AND ACCEPT ALL RISKS OF INJURY, DISABILITY, DEATH, PROPERTY DAMAGE AND/OR ANY OTHER FINANCIAL LOSS, COST OR DAMAGE ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE BAR CRAWL, EVEN THOUGH SUCH RISKS MAY HAVE BEEN CAUSED BY THE ACTIONS, INACTION, OR NEGLIGENCE OF OTHERS; AND (Y) TO BE RESPONSIBLE FOR ANY INJURY, DISABILITY, PROPERTY DAMAGE AND ANY OTHER FINANCIAL LOSS, COST OR DAMAGE WHICH YOU MIGHT SUSTAIN WHILE PARTICIPATING IN THE BAR CRAWL EVEN THOUGH SUCH INJURY, LOSS OR DAMAGE MAY HAVE BEEN CAUSED BY THE ACTIONS, INACTION, OR NEGLIGENCE OF OTHERS.

10. Indemnity

To the fullest extent allowed by applicable law, you, on behalf of yourself, your heirs, executors, administrators or anyone else who might claim on your behalf, agree (A) to release, indemnify, defend, and hold harmless BarGO and its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, licensors, successors and assigns (collectively, "Releases") from any from any and all liability, losses, damages, expenses (including reasonable attorneys' fees), claims, and actions of any kind (including death or injury to yourself and any damage to the personal property of, death of, or personal injury to, any third party), foreseen or unforeseen, known or unknown, arising out of or relating to your use of the Services (including your participation in a Bar Crawl), your connection to the Services, your violation of these Terms, or your violation of any rights of another; and (B) not to sue or otherwise bring any claim against BarGO or any other Releasee in connection with the foregoing.

BarGO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BarGO in asserting any available defenses. This provision does not require you to indemnify BarGO for any unconscionable commercial practice by BarGO or for BarGO's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to the Services, including the purchase of any items on the Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

11. Dispute Resolution: Binding Arbitration And Class Action Waiver

As detailed herein, these Terms mandate that all disputes between you and BarGO be resolved first through an informal dispute resolution process. In the event informal resolution fails, these Terms further mandate that all disputes (except those identified in Section 11.3) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 11 carefully as it may significantly affect your legal rights.

11.1. Informal Dispute Resolution

For any and all disputes between you and BarGO, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against BarGO that you initiate, you agree to send to BarGO (a) a written description of the dispute and (b) the email address(es) associated with your account through the following email address: legal@bargoevents.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that BarGO initiates, we will send our written description of the dispute to the email address associated with your use of the Services.

If the parties' dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and BarGO agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below.

A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

11.2. Binding Arbitration

After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the Informal Dispute Resolution process (Section 11.1), and only if those efforts fail, then either party may initiate arbitration as set forth in this Section.

If you determine to initiate arbitration, a copy of the arbitration demand must be emailed to legal@bargoevents.com. If BarGO is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the BarGO Services.

(A) Mutual Arbitration Agreement

Except as set forth in Section 11.3 below, you and BarGO agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms—including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section 11.2 (collectively, the "Arbitration Agreement"). The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider's rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Section 11.2.

This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice opt-out provisions set forth in Sections 11.4 and 11.5.

This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and BarGO expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

(B) Waiver Of Rights Including Jury Trial

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND BARGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(C) Class Arbitration And Collective Relief Waiver

YOU AND BARGO ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION 11.2(C) AND SECTION 11.2(E)(VI) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF BARGO PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

(D) Arbitration Location

If you are a resident of the United States, arbitration will take place in the county where you reside. For residents outside the United States, arbitration shall be initiated in the County of Will, State of Illinois, United States of America, unless you and BarGO otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue.

(E) The Arbitration Rules

The arbitration will be administered by National Arbitration and Mediation ("NAM") and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider. NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures and related fee schedules.

11.3. Exceptions to Arbitration

Notwithstanding the parties' agreement to resolve all disputes through binding arbitration as set forth in Section 11.2, either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, shall be exclusively brought in the state and federal courts located in the Village of Tinley Park and County of Will, Illinois.

11.4. 30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: legal@bargoevents.com. The notice must be sent before December 8th, 2025 or within 30 days of your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 11.2. If you opt-out of the arbitration provisions, BarGO also will not be bound by them.

11.5. Changes to this Section

BarGO will provide 30 days' notice of the date of any material changes to this Section 11. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which BarGO does not have actual notice are subject to the revised clause.

12. General

The section titles in these Terms are for convenience only and have no legal or contractual effect. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You and we acknowledge and agree that no partnership is formed and neither you nor we has the power or the authority to obligate or bind the other.

You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition. These Terms constitute the entire agreement between you and BarGO and govern your use of the Services, superseding any prior agreements between you and BarGO with respect to the Services.

These Terms will be governed by the laws of Illinois without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and BarGO agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Illinois.

13. Contact Us

If you have any questions or concerns about these Terms or the Services, or to report any violations of these Terms, please contact us at legal@bargoevents.com.