Terms & Conditions

 

These Terms of Use (the “Terms”) went into effect on May 9, 2016. The Terms govern the use of this website and participation in any GlobeKick programs. The Terms apply to all website users, program applicants and participants, who are selected by GlobeKick from its pool of applicants to join a GlobeKick Program (in the collective “Users,” or “you,”) (“Participant” shall refer to program participants solely). These terms cover the relationship between Users and GlobeKick LLC (“GlobeKick,” “we,” “us,” and/or “our”), setting forth the legally binding terms for a Participant’s participation in a GlobeKick program (“Program”) as well as a User’s use of the website located at www.globekick.com (including all the areas of the website) and any successor websites, including any services, software, and applications made available through such website (the “Site”). The Site along with the Program shall be referred to collectively as the Service. At the moment, this is our first Terms of Use. But in the future if we have any updates, you will be able to see the previous version of the Terms by clicking here.

PLEASE READ THE FOLLOWING TERMS IN DEPTH BEFORE APPLYING TO AND ACCEPTING AN OFFER TO PARTICIPATE IN A GLOBEKICK PROGRAM. PLEASE PAY PARTICULAR ATTENTION TO THE SECTIONS OUTLINING OUR RESPONSIBILITIES AND LIMITING OUR LIABILITY FOR DEATH, INJURY, OR ILLNESS TO YOU, AS WELL AS DAMAGES OF ANY KIND, OR CLAIMS THAT ARISE FROM OR RELATE TO TRAVEL CARRIERS, HOUSING, PROPERTY, CANCELLATIONS, CHANGES. IT IS ALSO IMPORTANT TO ANALYZE THE PROVISIONS REGARDING WHAT YOU MAY HAVE TO PAY IN THE EVENT YOU CANCEL YOUR RESERVATION OR LEAVE A PROGRAM EARLY.

1. Welcome

We are one of the first international remote working websites that provides Users a platform through which to apply for an opportunity to participate in a multi-city live and work program. As always, when you are at the forefront of something it’s important to explain how your idea works — especially when it comes to explaining each party’s legal rights and what their duties and obligations are to each other and to this website. When you use GlobeKick or participate in a Program, you’re agreeing to be legally bound by these Terms. Because this is a legal document we express much of it in legal language. With that said, we’ve tried our best to provide everybody clear and simple explanations of what everything means — this is why we have provided the every-day explanations in italics as headers above the legalese. These explanations, however, are just that, explanations, and not part of the official legal terms.

Welcome to GlobeKick. By using our Site, or participating in a Program, you acknowledge and agree to be bound by these Terms of Use (the “Terms”), including our Privacy Policy, which is incorporated into these Terms—please see our Privacy Policy for more information about how we collect, use, and share information on the Service. These Terms address your rights and obligations with respect to the Service and describe your appropriate use of the Service, including any pertinent restrictions.

GlobeKick reserves the right, at its sole discretion, to change these Terms from time to time. If we make any material changes to these Terms, however, we’ll let you know either via email or by notifying you on the Site. Updated versions of the terms only apply proactively. Indeed, the updated Terms will give the exact date they go into effect. If you continue to use GlobeKick after a change to the Terms, this means that you have accepted to be legally bound to the new Terms.

You further agree to be bound by all other terms and conditions we communicate to you or that we post on our Service. These along with the Terms and the Privacy Policy set out the conditions upon which you are offered access to and the use of our Service.

2. Site Use and Program Participation

To use the GlobeKick Service you must be 18 years old or over. And you’re responsible for your activity on the GlobeKick Site.

By applying to participate in a Program, you represent and warrant that you are 18 years old or above and that the information you give us is accurate and complete and that you will maintain and update such information to keep it current and accurate. Correspondingly you agree not to impersonate anyone else, give false or misleading information or use our Site to be offensive or to violate anyone’s rights. You further agree that your use of the Service is not to facilitate transactions that are illegal. If for any reason GlobeKick determines that you have failed to follow these rules, we may cancel your participation in the Service at any time, and if necessary bring a lawsuit against you for any damages caused by your inaccurate or false information.

BY AGREEING TO PARTICIPATE IN A PROGRAM, YOU REPRESENT AND WARRANT THAT YOU ARE AN ADULT WITH FULL AUTHORITY TO ENTER INTO THIS CONTRACT AND THAT YOU HAVE READ AND UNDERSTAND AND ACCEPT THESE TERMS.

3. Stuff We Do and Stuff We Don’t Do and Aren’t Responsible For

GlobeKick is simply an intermediary that provides a platform for individuals to book travel, housing and working space internationally. We are not in the business of actually providing these services, however. Instead GlobeKick contracts with third parties who perform and provide the travel, housing and work space services. GlobeKick cannot and does not supervise or control these third parties. As a result, GlobeKick cannot be responsible or liable for how these third parties’ services are provided.

GlobeKick is a work travel program for Participants who can work remotely, as outlined on our Site. GlobeKick acts only as an intermediary that helps facilitate Participants obtaining housing, work space and travel between Program cities. We only negotiate and organize Program arrangements, which are provided by third parties independent of GlobeKick and outside of GlobeKick’s control.  Participant understands and agrees that all services that Participant receives provided in connection with, before, during or after a Program, including but not limited to housing, transportation and work space are owned, operated and supplied by independent third parties, who have facilities, vehicles, vessels, employees, products and services that are not under GlobeKick’s supervision or control. Participants understand and acknowledge that GlobeKick is not an agent or responsible for the actions or inaction of any third party that provides the Participant with a service. Participant agrees that GlobeKick acts only as a coordinator for transportation carrier, hotel, hostel, apartment, ground operator, or other suppliers of services connected with a Program, and that the third-party providers are solely responsible and liable for providing their respective products, provisions and services.

Because GlobeKick is only an intermediary coordinator, our responsibility in connection with the Program services is strictly limited.  GlobeKick makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any other provider and any transportation, tours, services, products or facilities provided by a third-party provider.  Therefore, Participants agree that we are not liable for any claim for loss, damage, injury death, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by any third-party provider, including but not limited to any negligent or willful act or failure to act of any other provider or of any other third party.  Participant assume all risk associated with the supplied services as if the Participant had directly contracted with the third-party providers. Participant agrees to disclaim any negligence on behalf of GlobeKick in its performance of any responsibilities under these Terms.

We will not be liable to you in any claim for other than compensatory damages, including but not limited to any direct, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages.

4. Limitations of Liability

Because GlobeKick is simply an intermediary and does not directly provide the services specified within a Program, Participant understands that GlobeKick’s liability is strictly limited to at most what a Participant pays for a Program.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) SHALL GLOBEKICK BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND THAT ARISES OUT OF OR RELATES TO OUR SERVICES OR THE BREACH THEREOF, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL GLOBEKICK’S LIABILITY EVER EXCEED THE AMOUNT OF A PARTICIPANT’S PAYMENT FOR SERVICES HERE UNDER. MOREOVER, GLOBEKICK SHALL NOT BE LIABLE TO ANY PARTICIPANT FOR DAMAGES FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OR ANY KIND, UNDER ANDY CIRCUMSTANCES.

GlobeKick, its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, assigns and their designated Program team members shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a travel program, whether or not occasioned directly or indirectly by an act or omission of GlobeKick or any other provider, including but not limited to any latent or undisclosed defect in any aircraft, watercraft, vehicle, hotel, hostel, apartment or other service or property operated or provided by any other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the other providers, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claims against GlobeKick and/or its designated Program team members for any such loss, damage, injury, or death.

5. Stuff You Are Responsible For

By accepting an offer to participate in a Program through GlobeKick you are assuming responsibility for your own safety, your own income, your own job, and your own actions. As we said before, GlobeKick is only an intermediary that arranges third-party services for you.

GlobeKick cannot and does not guarantee your safety at any time. You agree to assume responsibility for your own safety.  You acknowledge and understand that conditions in different Program cities may vary greatly from those in your home country and can change rapidly. You accept the risk of traveling to countries where infrastructure, road conditions, medical care, safety and security may not be adequate in comparison to your home country. You understand this is an inherent risk in travel and that at any given moment it is possible that war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm may occur in a Program city or country. It is important to note that the United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency's perception of risks to travelers.  GlobeKick strongly recommends that you obtain and consider such information when making travel decisions.  You understand it is your responsibility for gathering such information.

A serious risk of travel is access to medical care. During a Program, Participant understands and accepts that the availability of medical care may be limited or delayed.  By accepting an offer to participate in a Program, Participant acknowledges that all or part a Program may be in areas where medical care and evacuation may not be available.  GlobeKick is not responsible to pay for any emergency medical care or evacuation costs, but in the event that GlobeKick advances such expenses, Participant agrees to indemnify and reimburse GlobeKick for such costs.

For your benefit, we strongly recommend that you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your trip or program. 

6. Eligibility & Rights on the Trip

In order to be a Program Participant you must meet certain minimum eligibility requirements (age, employment, background check, etc.). To remain a Program Participant is not a right, but a privilege and GlobeKick retains the right to remove any Participant at any time in its sole discretion. Moreover, travel is an experience and plans are nothing more than a best guess. Travelers understand and accept that itineraries change and people must be flexible about dates, places and events.

GlobeKick reserves the right in its sole discretion to accept, decline to accept, or remove any Participant at any time during the Program duration. GlobeKick and its Program team members reserve the right, without penalty, to make changes in the Program itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of Participants. As such, Participant understands that itineraries and Program team members presented on the website are subject to modification and change by GlobeKick. While every reasonable effort will be made to operate programs as planned, alterations may still occur after final itineraries are sent.

All Participants represent and warrant the following: (1) Participant does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants; (2) Participant has a job, income, employment, or sufficient funds to travel for the time period while working on a startup idea or personal hobby/passion (each participant is solely responsible for securing a job that can be performed from anywhere during the Program); (3) Participant has a valid tourist visa prior to entry into each country (GlobeKick will provide information on visa processes, but the Participant is ultimately responsible to ensure he/she has secures the visas); (4) Participant shall allow GlobeKick the authority to do a background check of the Participant at GlobeKick’s sole discretion; and (5) Participant has medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Participant.

Participants are responsible for obtaining any documents required for their participation in the Program such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the Participant’s responsibility. Participants must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when Participant accepts to enroll in the Program. GlobeKick recommends that Participants consult a doctor for specific medical advice about any activities or destinations. Participants are expected to abide by the laws in each country they visit. If a participant at any point during the program performs any illegal activity, GlobeKick is not responsible for legal ramifications of that action.

In the event Participant becomes incapacitated as to be unable to direct his or her own care, and there is no one on the trip who can direct Participant’s care, and GlobeKick is unable or does not have time to contact Participant’s emergency contact, then Participant authorizes any medical treatment deemed necessary in the event of any injury or illness and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the country where the incapacitated Participant is located.

7. Show Me the Money: The Cost, What’s Included, and All that Good Stuff

The full three-month program costs between $9,500 and $10,000, depending on the payment plan a participant selects, and includes accommodations, transportation between the cities (but not to and from the first and last city), as well as access to a work space.

The cost of the three-month GlobeKick Program is dependent upon the payment plan selected by the Participant and can either be (a) $9,500 paid in full at the time the Participant reserves his or her spot in a Program; (b) $10,000 paid in two parts—an initial $5,000 deposit upon Participant reserving his or her spot in the Program, and then two monthly payments of $2,500. All Payments must be made by direct payment online. GlobeKick reserves the right to cancel a Participant’s reservation if the initial reservation payment is not received in full by 30 days prior to departure. An interest rate of 5% per month will be applied to any late payments throughout the Program. In addition, a Participant’s failure to make a payment before the end of the billing month may, at GlobeKick’s sole discretion, result in removal from the Program.

GlobeKick shall provide Participants with accommodations; common workspace; miscellaneous activities and events at the sole discretion of Globekick; and transportation between Program cities (but not to the initial city or out of the last city), including airfare and/or ground transportation. The Program cost does not include fees associated with passport, visa, and permit expenses; medical expenses and immunizations; transportation to initial destination and from final destination; personal expenses such as meals, laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included. These costs are the sole responsibility of Participant.

GlobeKick does not reimburse flight costs. If a Participant arrives late or leaves a Program in progress, for any reason whatsoever, GlobeKick is not required to refund any payments to Participant for any unused portions of a Program. Notwithstanding the foregoing, if a Participant is unable to continue the Program due to injury or sickness, GlobeKick may provide the Participant a credit on a future GlobeKick program for any unused portions of a Program. If a Participant requires a travel arrangement change, for travel between Program cities, GlobeKick will assess the possibility and let the participant know if it can accommodate with alternative options, if any. Because GlobeKick is an intermediary coordinator that uses Participants' payments to book the requisite housing, workspace, travel and program amenities, all payments are final and non-refundable as these payments are used prior to program departure to pay for the third-party providers.

NO REFUNDS WILL BE GIVEN. ALL PAYMENTS TO GLOBEKICK ARE FINAL. 

8. Canceling Programs & Expelling Participants

We obviously hope this never happens, but the bottom line is that GlobeKick shall have the right to cancel any Program at any time, subject to the terms specified below. Moreover, GlobeKick shall have the right to expel Participants from a Program if GlobeKick believes the Participant has violated these Terms or any GlobeKick policies.

GlobeKick reserves the right to cancel any Program because for any reason that makes the program economically infeasible to operate (including inadequate enrollment) or because of GlobeKick concerns regarding the safety, health, or welfare of Participants. In the event GlobeKick cancels a Program prior to departure, GlobeKick will provide Participants with a full refund of monies paid, or a credit toward a future GlobeKick Program equivalent to the amount of monies paid by Participant. Except as outlined above when GlobeKick cancels a program, GlobeKick has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled program or for any additional arrangements should participants embark prior to the scheduled group departure date.

GlobeKick reserves the right to expel any Participant from a Program or remove a Participant from a vessel, vehicle or housing for any reason, including, but not limited to, lack of payment or if we deem this necessary for the comfort, convenience or safety of the other Participants, including if Participant’s behavior is deemed to cause or be likely to cause danger, distress or annoyance to other participants, if we reasonably determine your condition would adversely affect your health, safety or enjoyment of that of other participants, or if we determine you have engaged in illegal actions.  If we remove you from a trip in progress or remove you from a vessel, vehicle or housing, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your participation and you will be responsible for the cancellation fee and your travel costs to return back home.

9. Use of Your Likeness in Videos and Photos

Participants provide GlobeKick the authority to use Participant’s picture and likeness in GlobeKick videos and photos.

GlobeKick reserve the right to take photographs and video during Programs and to use these photographs and video for marketing, advertising and business purposes. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.

The Participant or another third party (other travelers, tour guides, staff, crew and the like) may also provide GlobeKick with Photographs and video. By providing such photographs or video, the party making the submission is representing and warranting (a) that the photo or video is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted. 

10. Things You Simply Cannot Do

Behave yourself. There are a number of things that you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s computers, and a whole lot more. This section simply asks that you don’t do this bad stuff. GlobeKick expects all of its users to behave like responsible members of society while using its website. What you do on your own time is none of our business. But what you do on our Site is very literally our business.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, GlobeKick’s computer systems, or the technical delivery systems of GlobeKick’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by GlobeKick (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with GlobeKick (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services; (viii) take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone; (ix) post information you know, or reasonably should know to be false, misleading, or inaccurate or do anything deceptive or fraudulent; or (x) issue an offer that is illegal, violates any of GlobeKick’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.

We reserve the right (but will not have an obligation) to suspend or terminate users. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of GlobeKick, our users and the public. GlobeKick does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

11. Other Websites

We can only control what happens on GlobeKick. If you follow a link to another website, what happens there is between you and them — not us.

The Site may contain links to other websites. If you access a third-party website, you do so at your own risk. GlobeKick doesn’t control or endorse those sites.

12. Intellectual Property

       a. Your Content

We don’t own the content you post on GlobeKick. But by sending content though the Site, you’re giving us permission to use that content in whatever way we want or need in order to run the Site, or illustrate to third parties what’s going on with the Site. A lot of our use of your content may be for marketing and advertising purposes. In short, by sending content through the Site you’re telling us that you’re responsible for the content, and you’re giving us permission to use it. You should also read our Privacy Policy to ensure that you fully understand how we might use posted content.

GlobeKick doesn’t own content you post or submit to our website. But by posting content you grant us a license over your content in order to perform our Service. By way of an example, when you post content on our website, you agree to these terms:

You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and other rights with respect to your Content.

When we use your content, we can make certain changes (we can edit or translate it). And you grant us the right to do the following: edit, modify, reformat, excerpt, delete, or translate any of your Content.

You agree that you will not submit content you don’t hold the authority to submit (you either own the copyright or you have permission to submit it). Your Content will not contain material that is subject to a third-party copyright, or some other third-party proprietary rights, without the express permission from the material’s owner, or you are somehow otherwise legally entitled to use the material and you have the authority to give GlobeKick all the rights outlined herein.

You agree that you will pay all royalties and other amounts that may be owed to any person or entity based on your use of the Content you submit to GlobeKick. This includes any amounts owed that is based upon GlobeKick’s hosting of that Content.

You promise that any of our use of your Content will not violate anyone’s rights, including copyrights. More specifically, if GlobeKick or its users make use of your Content in any ways acceptable under this agreement, you promise that this use will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract, or any other intellectual property or proprietary rights.

You are responsible for the content you submit. We’re not responsible for mistakes in your content. And we will not be liable for any errors or omissions in any content.

If you provide any comments, suggestions, or other feedback regarding our website you grant GlobeKick a license to use such comments, suggestions and feedback on a non-exclusive, worldwide, fully paid, perpetual, irrevocable basis. This license includes the right to disclose, modify, reproduce, license, distribute, commercialize and otherwise freely use such comments suggestion and feedback without any restriction.

        b. Our Content

GlobeKick has worked hard to create a website that is a great platform to use. Behind that work is a lot of content we have created and used. Our content on the Site is protected in various ways. Yes we give you the right to use our content for certain limited purposes explained below, but you can’t use it for anything commercial without getting our permission first.

Our content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works based off our content.

You have a limited, revocable, non-exclusive, non-transferrable license to use the website and our content solely for legally permitted activities related to our Service as outlined in these Terms.

You are also granted a limited license to reproduce content from the Service for personal use. This license is limited to GlobeKick’s own content and user-generated content. This license is non-exclusive, non-sublicensable, and non-transferable on a worldwide basis. If you want to use any of our content in any way that is for a commercial purpose, you need prior written permission from GlobeKick or the relevant copyright holder. We define a “commercial purpose” as your use of our content in any way for your financial gain.

13. GlobeKick’s Rights & Powers

To provide our users with safe and functioning Service, we need to have the ability to control what happens on our Site. This section explains that we reserve the right to make decisions to protect the functioning and integrity of our website. We understand these are important powers and we only use them when we have to do so.

GlobeKick has the power to make changes to our website and Service at any time without notice or liability. We also have the right to decide who can and cannot use GlobeKick’s Service. It is solely our right to decide whether we decline to offer our Service. Similarly, we reserve the right to change our eligibility criteria at any time.  GlobeKick is not required to provide reasons for any of the above actions in this section.

14. As-is Services

Although we do our best to provide you with great services, it is not possible to guarantee that our services will always work as we intend. We provide you our Site and Services as-is, without warranties.

You acknowledge and accept that your use of our Services are at your own risk. You understand and acknowledge that we provide our Services to you “as is” and “as available” and without any warranties, express or implied.

GLOBEKICK IS PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. GLOBEKICK DISLCAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GLOBEKICK SHALL CREATE ANY WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. 

15. Indemnification

You agree to defend GlobeKick in the event that you do anything that results in us getting sued.

You agree to defend, indemnify, and hold GlobeKick harmless from and against any and all claims, suits, and/or causes of action for losses, liabilities or damages (including reasonable attorney’s fees) suffered by GlobeKick arising out of or related to: (1) your breach of any of these Terms; (2) any false or misleading statements you make while using our Services; or (3) any intentional or negligent act you perform related to our Services. We reserve the right to assume the exclusive defense and control of any matter subject to this indemnification clause. You agree that you’ll cooperate and help us in asserting any defenses.

16. The Law that Applies & Solving Disputes

In the event that we get into a dispute, that dispute must be handled in a Court in Austin under Texas State law.

These Terms shall be governed by, and shall be construed and enforced in accordance with, the laws of the State of Texas, without giving effect to any conflict of law rule or principle of such state. The Parties agree that venue for any lawsuits brought by either Party related to this Agreement shall be in Austin, Texas.

17. All that other Stuff

These Terms control how our Services work. They are the final word. Lawyer’s call the below “Boilerplate”, but please keep reading as this covers the rest of the agreement. Thanks so much for your time, and for being a part of GlobeKick.

These Terms and any materials referenced within them embody the entire agreement and understanding between you and GlobeKick with respect to the Services. They supersede all prior proposals, understandings, agreements, correspondence, arrangements and contemporaneous oral agreements relating to the subject matter of our Services. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law. The failure of either you or GlobeKick to exercise any right provided for in these Terms won’t be deemed a waiver of compliance of any provision of these Terms.

You cannot assign these Terms, transfer them, or sublicense them unless you get GlobeKick’s prior written consent. GlobeKick, however, has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. GlobeKick will provide any notice required under these Terms via email, written notice, or by conspicuously posting the notice on our Site.

The End.

October 28, 2016