Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Gouranger Platform, you agree to comply with and be bound by these Terms.
Please note: These Terms contains an arbitration clause and class action waiver that applies to all Gouranger Account Holders. If your country of residence is the United States, this provision applies to all disputes with Gouranger. It affects how disputes with Gouranger are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: October 21, 2019
Thank you for using Gouranger!
These Terms constitute a legally binding agreement (“Agreement”) between you and Gouranger (as defined below) governing your access to and use of the Gouranger website, including any subdomains thereof, and any other websites through which Gouranger makes its services available (collectively, “Site”), mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Gouranger Services”). The Site, Application and Gouranger Services together are hereinafter collectively referred to as the “Gouranger Platform”.
When these Terms mention “Gouranger,” “we,” “us,” or “our,” it refers to Gouranger, LLC.
Any and all payment processing services through or in connection with your use of the Gouranger Platform (“Payment Services”) are provided to you by Stripe, Inc. (“Stripe”). Stripes terms of service are incorporated herein as stated in section 4 below.
Process Servers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Process Server Offerings and Process Server Services (as defined below). For example, some states have laws that restrict the fees that Process Servers are entitled to charge for particular services or require Process Servers to be licensed or registered in their State of operation. Process Servers are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Process Server Services they offer. Certain types of Process Server Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to Process Server Offering and Process Server Service(s) on Gouranger, you should always seek legal guidance. Gouranger does not guarantee that a process server is in compliance with State laws & regulations and by entering this Agreement you acknowledge that you do business with the process server at your own risk.
1. Scope of Gouranger Services
1.1 The Gouranger Platform is an online marketplace that enables registered users (“Customer”) to purchase services from Process Servers who offer services and publish such Process Server Services on the Gouranger Platform (“Offerings”).
1.2 As the provider of the Gouranger Platform, Gouranger does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Process Server Offerings or Process Server Services. Process Servers alone are responsible for their Process Server Offerings and Process Server Services. When Customer purchase services, they are entering into a contract directly with the Process Server. Gouranger is not and does not become a party to or participant in any contractual relationship between Customer and Process Servers.
1.3 While we may help facilitate the resolution of disputes, Gouranger has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Process Server Offerings or Process Server Services, (ii) the truth or accuracy of any Offering or other Process Server Content (as defined below), or (iii) the performance or conduct of any Process Server or third party. Gouranger does not endorse any Customer, Offering or Process Server Services. You should always exercise due diligence and care when deciding whether to hire a Process Server, whether online or in person.
1.4 Due to the nature of the Internet, Gouranger cannot guarantee the continuous and uninterrupted availability and accessibility of the Gouranger Platform. Gouranger may restrict the availability of the Gouranger Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Gouranger Platform. Gouranger may improve, enhance and modify the Gouranger Platform and introduce new Gouranger Services from time to time.
2. Modification of these Terms
Gouranger reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Gouranger Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Gouranger Platform will constitute acceptance of the revised Terms.
3. Account Registration
3.1 You must register an account (“Gouranger Customer Account”) to access and use certain features of the Gouranger Platform, such as purchasing an Offering. If you are registering a Gouranger Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
3.2 You can register a Gouranger Customer Account using an email address and creating a password.
3.3 You must provide accurate, current and complete information during the registration process and keep your Gouranger Customer Account page information up-to-date at all times.
3.4 You may not register more than one (1) Gouranger Customer Account unless Gouranger authorizes you to do so. You may not assign or otherwise transfer your Gouranger Customer Account to another party.
3.5 You are responsible for maintaining the confidentiality and security of your Gouranger Customer Account credentials and may not disclose your credentials to any third party. You must immediately notify Gouranger if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Gouranger Customer Account. You are liable for any and all activities conducted through your Gouranger Customer Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4. Content
4.1 Gouranger may, at its sole discretion, enable Customer to (i) create, upload, post, send, receive and store content, such as text, documents, photos, audio, video, or other materials and information on or through the Gouranger Platform (“Customer Content”); and (ii) access and view Customer Content and any content that Gouranger itself makes available on or through the Gouranger Platform, including proprietary Gouranger content and any content licensed or authorized for use by or through Gouranger from a third party (“Gouranger Content” and together with Customer Content, “Collective Content”).
4.2 The Gouranger Platform, Gouranger Content, and Customer Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Gouranger Platform and Gouranger Content, including all associated intellectual property rights, are the exclusive property of Gouranger and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Gouranger Platform, Gouranger Content or Customer Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Gouranger used on or in connection with the Gouranger Platform and Gouranger Content are trademarks or registered trademarks of Gouranger in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Gouranger Platform, Gouranger Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
4.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Gouranger Platform or Collective Content, except to the extent you are the legal owner of certain Customer Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gouranger or its licensors, except for the licenses and rights expressly granted in these Terms.
4.4 Subject to your compliance with these Terms, Gouranger grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Gouranger Platform and accessible to you, solely for your personal and non-commercial use.
4.5 You are solely responsible for all Customer Content that you make available on or through the Gouranger Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Customer Content that you make available on or through the Gouranger Platform or you have all rights, licenses, consents and releases that are necessary to grant to Gouranger the rights in and to such Customer Content, as contemplated under these Terms; and (ii) neither the Customer Content nor your posting, uploading, publication, submission or transmittal of the Customer Content or Gouranger’s use of the Customer Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.6 You will not post, upload, publish, submit or transmit any Customer Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or (v) promotes illegal or harmful activities or substances.
5. Service Fees
5.1 Gouranger charges fees to Process Servers (“Process Server Fees”) and/or Customer (“Customer Fees”) (collectively, “Service Fees”) in consideration for the use of the Gouranger Platform.
5.2 Gouranger reserves the right to change the Fees at any time, and will provide Customer adequate notice of any fee changes before they become effective. Such fee changes will not affect any orders made prior to the effective date of the fee change.
5.3 You are responsible for paying any Service Fees that you owe to Gouranger. The applicable Service Fees (including any applicable Taxes) are collected by Gouranger. Gouranger will deduct any Administrative Fees from the Total Offering Fee before remitting the payout to the Process Server. Any Customer Fees are included in the Total Fees collected by Gouranger Payments. Except as otherwise provided on the Gouranger Platform, Service Fees are non-refundable.
5.4 Payment processing services for Customer and Process Servers on Gouranger 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 these terms or continuing to operate as a Customer on Gouranger, 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 Gouranger enabling payment processing services through Stripe, you agree to provide Gouranger accurate and complete information about you and your business, and you authorize Gouranger to share it and transaction information related to your use of the payment processing services provided by Stripe.
5.5 5.5 Under Michigan Law (MCL 600.2550), fees for process of service are statutorially limited unless the party serving and the party requesting servive agree ahead of time in writing to a fee in excess of statutory fees. By agreeing to these terms of service, you agree in writing to pay administrative, printing, mileage and other associated fees in addition to service fees in excess of statutory service of process fee limits. Michigan statutory fee limits can be found at this Link.
6. Terms specific for Customers
6.1 Terms applicable to purchasing Services
6.1 Subject to meeting any requirements set by Gouranger and/or the Process Server, you can book an offering available on the Gouranger Platform by following the respective ordering process. All applicable fees will be presented to you prior to purchase services. You agree to pay the Total Fees for any booking requested in connection with your Gouranger Account.
6.2 Upon receipt of a order confirmation from Gouranger, a legally binding agreement is formed between you and your Process Server, subject to any additional terms and conditions of the Process Server that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Offering. Gouranger Payments will collect the Total Fees at the time of the order.
7. Offering Modifications, Cancellations and Refunds, Resolution Center
7.1 Process Servers and Customer are responsible for any modifications to services purchased that they make via the Gouranger Platform and agree to pay any additional Fees associated with such Service Modifications.
7.2 Refund through stripe. Customer can cancel a confirmed order at any time pursuant to the cancellation policy set by the Process Server, and Gouranger Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Process Server under the applicable cancellation policy will be remitted to the Process Server by Gouranger Payments pursuant to the Payments Terms.
8. Term and Termination, Suspension and other Measures
8.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Gouranger terminate the Agreement in accordance with this provision.
8.2 You may terminate this Agreement at any time by sending us an email.
8.3 Without limiting our rights specified below, Gouranger may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
8.4 Gouranger may immediately, without notice, terminate this Agreement and/or stop providing access to the Gouranger Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Gouranger believes in good faith that such action is reasonably necessary to protect the personal safety or property of Gouranger, its Customer, or third parties (for example in the case of fraudulent behavior of a Customer).
9. Disclaimers
If you choose to use the Gouranger Platform you do so voluntarily and at your sole risk. The Gouranger Platform is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Gouranger Services, laws, rules, or regulations that may be applicable to your Process Server Offerings and/or Process Server Services you are receiving and that you are not relying upon any statement of law or fact made by Gouranger relating to an Offering.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
10. Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Gouranger Platform or use of any other Process Server Service remains with you. Neither Gouranger nor any other party involved in creating, producing, or delivering the Gouranger Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Gouranger Platform, (iii) from any communications, interactions or meetings with other Customer or other persons with whom you communicate, interact or meet with as a result of your use of the Gouranger Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Gouranger has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Process Servers pursuant to these Terms, in no event will Gouranger’s aggregate liability arising out of or in connection with these Terms and your use of the Gouranger Platform exceed the amounts you have paid or owe for purchased offerings via the Gouranger Platform. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Gouranger and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Gouranger’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Gouranger’s option), indemnify, and hold Gouranger and its affiliates and subsidiaries, including but not limited to, Gouranger Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Gouranger Platform or any Gouranger Services, (iii) your interaction with any Customer, stay at an Accommodation, participation in an Experience, Event or other Process Server Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Gouranger’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
12. Dispute Resolution and Arbitration Agreement
12.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Gouranger in the United States (to the extent not in conflict with Section 21).
12.2 Overview of Dispute Resolution Process. Gouranger is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Gouranger’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
12.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Gouranger each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Gouranger’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
12.4 Agreement to Arbitrate. You and Gouranger mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Gouranger Platform, the Process Server Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Gouranger agree that the arbitrator will decide that issue.
12.5 Exceptions to Arbitration Agreement. You and Gouranger each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
12.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
12.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Gouranger agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Oakland County, MI; (c) in any other location to which you and Gouranger both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
12.8 Modification of AAA Rules – Attorney’s Fees and Costs. You and Gouranger agree that Gouranger will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Gouranger agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
12.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
12.10 Jury Trial Waiver. You and Gouranger acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
12.11 No Class Actions or Representative Proceedings. You and Gouranger acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class Customer in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Gouranger both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Gouranger agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
12.12 Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
12.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Gouranger changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Gouranger’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Gouranger (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Gouranger.
12.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Gouranger Platform or terminate your Gouranger Account.
13. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Gouranger Platform (“Feedback“). You may submit Feedback by emailing us or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
14. Applicable Law and Jurisdiction
14.1 If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of Michigan and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 13 must be brought in state or federal court in Detroit, Michigan, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Detroit, Michigan.
15. General Provisions
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Gouranger and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Gouranger and you in relation to the access to and use of the Gouranger Platform.
15.2 No joint venture, partnership, employment, or agency relationship exists between you and Gouranger as a result of this Agreement or your use of the Gouranger Platform.
15.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.5 Gouranger’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
15.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Gouranger’s prior written consent. Gouranger may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.