Legal
Terms of Service
This is the same document the aroundthego app shows you before you create an account. It is one source of text rendered in two places, so the app and this page can never say different things.
PLEASE READ THIS PART.
These Terms affect your legal rights in ways that are easy to miss:
- BINDING ARBITRATION AND CLASS ACTION WAIVER. Except for small-claims cases and a few other claims described in "Binding arbitration and class action waiver", you and aroundthego agree to resolve disputes in individual arbitration instead of court. YOU GIVE UP THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. You can reject arbitration by emailing us within 30 days of first accepting these Terms, and everything else here still applies if you do.
- ASSUMPTION OF RISK AND RELEASE. aroundthego is for going out. You are responsible for your own safety at events and around people you meet through the app, and you release us from claims arising out of those interactions. See "Going out, and meeting people you don't know".
- NO WARRANTIES, AND A LIMIT ON WHAT WE OWE YOU. See "Disclaimer of warranties" and "Limitation of liability".
- A 12-MONTH DEADLINE to bring any claim. See "Deadline to bring a claim".
Nothing in these Terms takes away a right that the law where you live says you cannot give up.
1Agreeing to these Terms
These Terms of Service are a contract between you and aroundthego ("aroundthego", "we", "us"). They cover the aroundthego app, the aroundthego website, and everything you do with either.
You accept them by checking the box at signup, by creating an account, or by using aroundthego at all — whichever happens first. If you don't accept them, don't use aroundthego.
Our Privacy Policy, the Official Rules for any giveaway you enter, and any additional terms we show you for a specific feature are part of this agreement too. If a feature's terms conflict with these Terms, the feature's terms win for that feature only.
You're also bound by the terms of whoever sold you your device and your app store — Apple or Google. Where those terms require something different from what's written here, theirs apply and ours give way. See "Apple and Google".
We may need to change these Terms. See "Changes to these Terms" for how that works.
2Who can use aroundthego
You must be at least 16 years old to create an account.
Because aroundthego includes group chat with people you don't know, you must be at least 18 to join event rooms or send messages. Under 18, you can browse events but chat is turned off for your account.
Events marked 21+ — bars and nightlife — are hidden from accounts under 21.
We determine your age from the birthdate you give us at signup. Providing a false birthdate is a violation of these Terms and is grounds for removing your account. It also doesn't get you into anywhere: venues check ID at the door, and we have no control over that.
By using aroundthego you also tell us, and it needs to be true:
- You have the legal capacity to enter into this contract, or a parent or guardian has agreed to it for you.
- You are not required to register as a sex offender in any jurisdiction, and you have never been convicted of a felony or indictable offense involving violence, sexual abuse, or an offense against a child.
- You are not on any U.S. government list of prohibited or restricted parties, and you're not located in a country subject to a U.S. embargo.
- We haven't previously removed your account. If we have, you may not create another one.
- You'll use aroundthego only for personal, non-commercial purposes unless we've agreed otherwise in writing.
Any of these being untrue is a breach of these Terms, and we can close your account over it without notice.
3If you're 16 or 17
You can browse events, but you can't join rooms or send messages until you're 18, and 21+ venues won't appear for you.
If you're under 18, a parent or legal guardian has to read these Terms and agree to them with you, and by using aroundthego you're telling us that has happened. A parent or guardian who agrees is accepting these Terms on your behalf and is responsible for your use of aroundthego, including anything you post.
If you're a parent or guardian and you'd like your child's account removed, email support@aroundthego.com and we'll delete it.
4Your account
Keep your information accurate and your password to yourself. Everything that happens under your account is your responsibility, whether or not you did it, so tell us at support@aroundthego.com straight away if you think someone else has gotten in.
One account per person. Don't share it, sell it, rent it, transfer it, or let anyone else use it. An account is a revocable permission to use aroundthego — it isn't property, and it doesn't survive you closing it or us closing it.
We may need to change, add, or remove features, and we may stop offering aroundthego in a place or entirely. Some features are experimental and are labeled that way; those are provided as-is even by the standards of the rest of this document.
Running aroundthego also needs a device, an operating system, and a data connection, and those are yours to supply and pay for.
5What aroundthego is — and isn't
aroundthego helps you find out what's happening around Los Angeles. We list events; we don't run them.
We don't own, operate, staff, promote, sponsor, or control any venue or event listed in the app, and we're not the agent of anyone who does. We're not responsible for what happens at one. Venues set and enforce their own entry requirements, including checking ID for age-restricted events. An event appearing in aroundthego is not permission to enter it, an invitation from the venue, or a promise that it will happen at all.
We don't sell tickets. When you tap through to buy, you're leaving aroundthego and buying from a third party — currently Ticketmaster — under their terms, not ours. We may earn a commission on those purchases. That commission never changes what we show you first.
Event details come from venues, organizers, ticketing platforms, and other users. Times, prices, lineups, and age limits change constantly, and sometimes what we show is wrong or out of date. Confirm with the venue before you rely on it, and especially before you drive anywhere.
A listing is not a recommendation, an endorsement, or a statement that an event or venue is safe, lawful, or suitable for you.
6Your license to use the app
We give you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the aroundthego app on a device you own or control, and to use aroundthego for your own personal, non-commercial purposes, for as long as you follow these Terms.
That's the whole license. We keep every other right. Nothing here transfers ownership of anything to you, and no right is granted by implication or estoppel.
7Things you may not do
Beyond the community rules below, don't:
- Scrape, crawl, spider, harvest, or bulk-collect anything from aroundthego, or access it with any automated system — bot, script, or otherwise — except a search engine obeying our robots.txt.
- Use aroundthego's content or data to train, fine-tune, evaluate, or ground a machine-learning model.
- Copy, translate, sell, resell, sublicense, or redistribute any part of aroundthego, or use it to build a competing product, or use it for competitive benchmarking.
- Reverse engineer, decompile, or disassemble the app, or try to derive its source code, except where the law says we can't stop you.
- Probe, scan, or test the security of our systems, get around rate limits or access controls, or use anyone else's account.
- Interfere with the service or the network behind it, or put load on it beyond what one ordinary person's use would produce.
- Extract other users' personal information, or contact anyone off-platform after they've blocked you here.
- Create a new account to get around a removal, or use someone else's identity to sign up.
- Remove or hide any copyright, trademark, or other notice, or use our name, logo, or brand without written permission.
- Use aroundthego to send unsolicited commercial messages, promote another product or service, or recruit for anything.
- Use aroundthego for anything illegal, or in violation of any law that applies to you.
These prohibitions are contractual promises. Breaking them is a breach of this agreement in addition to whatever else it may be.
8Community rules
aroundthego has zero tolerance for objectionable content and for abusive behavior.
Don't post, send, or share:
- Harassment, bullying, threats, stalking, or hate speech targeting anyone
- Sexual content, nudity, or any sexual approach to a minor
- Content that sexualizes a minor in any way, ever
- Violence, or content promoting self-harm, eating disorders, or dangerous acts
- Illegal activity, including selling drugs, weapons, or counterfeit goods
- Spam, scams, phishing, pyramid schemes, or bulk promotional messaging
- Anyone's private information, including someone else's photos, address, phone number, or workplace
- Impersonation of another person, a venue, an artist, or aroundthego itself
- Anything you don't have the right to post
Don't use aroundthego to arrange anything illegal, and don't use it to serve alcohol to, or arrange alcohol for, anyone under 21.
Accounts that break these rules can be removed without warning and without refund. We decide what breaks them, and we don't have to be consistent about it or explain ourselves — enforcing a rule in one case doesn't oblige us to enforce it in another, and choosing not to act once doesn't waive our right to act later.
9Reporting, blocking, and how we moderate
Every room message and every profile can be reported from inside the app, and you can block any user at any time. Blocking is immediate and mutual: a blocked person disappears from your rooms and member lists, and you disappear from theirs.
We aim to review every report and act on it within 24 hours. Acting on a report can mean removing content, removing a user, or both. You can see the status of reports you've filed under Settings → Your reports.
We also filter submitted content and review every user-submitted event before it appears in the app.
Being straight with you about what that is and isn't: it's a commitment to look and to act, made in good faith, by people. It is not a guarantee that we'll catch everything, that we'll catch it quickly, that we'll agree with you about what we found, or that anyone on aroundthego is safe. We don't pre-screen conversations, we don't verify identity, and we don't run background checks. Moderating some content doesn't make us responsible for content we haven't seen, and it doesn't make us the author or publisher of anything a user posts.
We can remove any content or account at any time, for any reason or none, without notice. We have no obligation to store, preserve, or give you a copy of anything you or anyone else posted, including in a dispute.
If you believe someone is in immediate danger, contact local emergency services first. Reporting inside aroundthego does not reach police, an ambulance, or a crisis line — we can remove an account, but we can't send help.
10Where event listings come from
Some listings are submitted by venues and organizers. Others are collected from public sources — ticketing platform APIs, and event information that venues publish openly on their own websites and calendars for search engines and calendar apps to read.
For collected listings we store the facts of the event — what it is, who's hosting, where, when, and what it costs — along with a short excerpt and a link to the original page. We don't copy full event descriptions, and we don't rehost anyone's images. Every collected listing links back to its source, and the original remains the authoritative version.
Event information belongs to whoever published it. Listing an event here is not a claim of ownership over it, an endorsement by us, or a partnership with the venue.
We honor robots.txt, we identify our crawler, and we rate-limit it.
11If you're a venue and you want out
Email removals@aroundthego.com from an address at your domain, or with something showing you're authorized to speak for the venue, and we'll remove your events and stop collecting them. You don't have to explain why.
If you believe something here infringes your copyright, send the same address the material in question, where it appears in the app, your contact details, and a statement that you have a good-faith belief the use isn't authorized. We'll remove it while we look into it. See "Copyright, and how to send a takedown" for the full process.
12Your content, and the license you give us
What you post stays yours. We don't claim ownership of your photos, messages, bio, prompt answers, or event submissions.
To run aroundthego we need permission to use them. So by posting, you give us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, copy, cache, reformat, resize, excerpt, translate, and display your content, and to make the technical modifications needed to deliver it — in aroundthego, and in connection with operating, promoting, and improving aroundthego.
That license lasts as long as you keep the content posted, and it ends when you delete the content or your account, with three exceptions that are practical rather than sneaky:
- Copies in routine encrypted backups persist for a limited period before being overwritten.
- We keep what we're legally required to keep, and what we need to keep to handle a safety report, a dispute, or a giveaway prize.
- Anything already shared with other users — a message someone else received, a screenshot someone took — can't be pulled back out of their hands, and we don't promise to try.
We may also use anonymized and aggregated information derived from your content — counts, trends, and statistics that don't identify you — for any purpose, including after your account is gone.
Separately, and only if you say yes when we ask: we may want to feature your photo, your display name, or something you posted in marketing. We'll ask first, in the app, and you can decline or withdraw permission later by emailing support@aroundthego.com. We don't take that right by default in this contract.
To the extent you have "moral rights" or rights of attribution and integrity in your content, you agree not to assert them against us in a way that would stop us from doing the things this section allows.
You're responsible for what you post. You promise you own it or have the rights to it, that posting it doesn't break any law or anyone else's rights, and that any consents needed from people in it have been given.
13Photos and other people
Only upload photos you have the right to share. If someone else appears in a photo you post, you're telling us they're okay with it appearing here.
Don't post a photo of anyone who has asked you not to, and don't post anyone else's photo as your own. If a photo of you was posted by someone else, email support@aroundthego.com and we'll take it down.
14Feedback and ideas
If you send us a suggestion, bug report, or idea, thank you — and you're giving it to us. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for anything, with no obligation to credit or pay you, and no obligation of confidentiality.
That's not us trying to take something from you; it's so that building an obvious feature two weeks after somebody mentioned it doesn't turn into a dispute. If you want to keep an idea, don't send it.
15Going out, and meeting people you don't know
aroundthego is built around going out, and rooms exist so people going to the same event can talk. Please read this section properly — it's the one that matters most.
Anyone you meet through aroundthego is a stranger. WE DO NOT SCREEN USERS, VERIFY IDENTITY, CHECK CRIMINAL HISTORY, OR RUN BACKGROUND CHECKS OF ANY KIND. Nothing in the app tells you whether a person is who they say they are or is safe to be around.
Use ordinary judgment: meet in public, tell someone where you're going, keep your own transportation, don't leave a drink unattended, and leave any situation that feels wrong. Trust your read of a situation over anything you saw in an app.
YOU ASSUME ALL RISK arising from going to an event you found through aroundthego, being at a venue, traveling to or from either, and interacting with anyone you met through aroundthego — online or in person. That includes risk of personal injury, illness, death, harassment, assault, property damage, and financial loss.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE aroundthego and its owners, officers, employees, contractors, and agents from any and all claims, demands, damages, losses, liabilities, and causes of action — known or unknown, suspected or unsuspected — arising out of or relating to your interactions with other users, your attendance at any event or venue, or the conduct of any other user, and you agree not to sue us over them.
You expressly waive California Civil Code section 1542, which reads: "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 the law of another state or country gives you an equivalent protection, you waive that too.
This release does not cover — and we are not asking you to give up — claims arising from our own gross negligence, our willful or criminal misconduct, our fraud, or any violation of law by us, because California Civil Code section 1668 does not permit a release of those and we would rather this section hold up than overreach. It also doesn't cover any right that can't be waived where you live.
We have no duty to intervene in a dispute between users, and if we do intervene we don't take on any duty to keep doing it.
16Badges, verification, and what they don't mean
Some accounts show a badge. A badge means someone subscribed or completed a step in the app. IT IS NOT IDENTITY VERIFICATION, and it says nothing about a person's honesty, intentions, criminal history, or safety.
Don't treat any signal in aroundthego — a badge, a photo, a mutual friend, a long message history, a shared taste in music — as a reason to skip the precautions in the section above.
17Tickets, venues, and other companies
Buying a ticket happens off aroundthego, with someone else. We're not a party to that transaction, we don't take your payment, and we can't issue refunds, change seats, or fix an order. If an event is canceled, moved, or oversold, that's between you, the seller, and the venue.
We may earn an affiliate commission when you buy through a link in aroundthego. That's disclosed here and, where required, at the link.
Links to other companies' sites and apps are for convenience. We don't control them, we don't endorse them, and their terms and privacy policies govern once you're there. We're not liable for anything they do or fail to do.
18Paid features and subscriptions
aroundthego is free to use. If we offer a paid subscription, here's how it works.
What you get is what's described at the time of purchase. The subscriber badge is cosmetic — it unlocks nothing and gives you no priority in rooms, listings, or giveaways.
All purchases are made through and billed by Apple or Google, not by us. We never see your card. A subscription renews automatically for the same period at the same price until you cancel, and it's charged within 24 hours before the period ends. Cancel any time in your App Store or Google Play account settings — canceling stops the next renewal and leaves the current period running to its end. Deleting the app does not cancel a subscription.
Refunds are handled by Apple or Google under their policies. We can't grant them, and except where the law requires otherwise, payments to us are non-refundable and unused time has no cash value. Removing your account for a violation of these Terms does not entitle you to a refund.
If we change a subscription price, we'll tell you before it takes effect and you can cancel. If we discontinue a paid feature, we'll refund or credit the unused portion of what you paid for it where the law requires it.
19Invites, kickbacks, and credits
We may offer credits, entries, or a share of a commission for inviting friends or sharing an event.
Any of that is a promotion, not a payment obligation and not property. It has no cash value except where the offer says so, it can't be sold or transferred, and we can change, suspend, or end any promotion at any time. Credits and pending amounts are forfeited if we remove your account for a violation of these Terms.
We won't pay out on invites that are fake, automated, self-referred, duplicated, or obtained by spamming, and we can reverse anything already credited on that basis. If we do pay you, any tax on it is yours to handle, and we'll issue a Form 1099 if the law requires one.
If you promote aroundthego, say that you have a connection to us — the FTC requires it, and so do we.
20Giveaways
Giveaways run in aroundthego are sponsored by us, not by Apple or Google, and are governed by their own Official Rules, available in the app. No purchase is ever necessary to enter or win.
Where the Official Rules and these Terms disagree about a giveaway, the Official Rules control.
21Events you submit
If you submit an event, you're telling us the details are accurate and that you're allowed to publish them — that you're the organizer or venue, or that you have their permission.
We review submissions before they appear, and we may edit, reject, or remove any of them for any reason. Reviewing a submission isn't us verifying it, endorsing it, or taking responsibility for it.
If someone gets hurt or loses money because of an event you submitted or misdescribed, that's on you, and the indemnity below covers it.
22Copyright, and how to send a takedown
We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act.
Send notices to removals@aroundthego.com, or by mail to aroundthego, 3517 Easy Avenue, Long Beach, California 90810. A valid notice includes: your physical or electronic signature; identification of the work you say was infringed; identification of the material and where it is in aroundthego, specifically enough that we can find it; your contact information; a statement that you have a good-faith belief the use isn't authorized by the owner, its agent, or the law; and a statement, under penalty of perjury, that the information is accurate and that you're the owner or authorized to act for the owner.
We'll remove or disable the material, and tell whoever posted it. They can send a counter-notice with the equivalent information, including a statement under penalty of perjury that the removal was a mistake or a misidentification and consent to jurisdiction in the federal district court for their address. If they do, we may restore the material after 10 business days unless we hear that you've filed suit.
Knowingly misrepresenting that material is infringing — or that it was removed by mistake — makes you liable for damages, including our costs and attorneys' fees, under 17 U.S.C. §512(f).
We terminate the accounts of repeat infringers.
23Our intellectual property
aroundthego, the aroundthego name and logo, the app, the website, and everything in them that isn't user content or third-party content belongs to us or our licensors, and is protected by copyright, trademark, and other law.
You get the license in "Your license to use the app" and nothing else. Don't use our name or logo in a way that suggests we endorse you, and don't register anything confusingly similar.
24Privacy
Our Privacy Policy explains what we collect, why, who we share it with, and what you can ask us to do about it. It's in the app under Settings → Privacy Policy, and it's part of this agreement.
The short version: we collect what we need to show you events and let you talk to people going to them, plus a record of which features you use so we can fix what's broken. We don't sell your data, we don't track you across other apps, and we don't send your location anywhere.
25Notices, and agreeing electronically
You consent to do business with us electronically. That means these Terms, the Privacy Policy, disclosures about purchases, and anything else we're required to give you in writing can be delivered by email, in the app, or by posting them — and they count as writing. You can withdraw that consent by deleting your account, since it's how aroundthego works.
Notice to you is effective when we send it to your account email or show it in the app, whether or not you read it, so keep your email address current.
Notice to us — including anything formal — goes to support@aroundthego.com, and for legal process to aroundthego, 3517 Easy Avenue, Long Beach, California 90810. Notice to us is effective on receipt.
Your acceptance of these Terms, and the version you accepted, is recorded on your account.
26Suspension, termination, and deleting your account
You can delete your account at any time from Settings → Delete account. Deleting removes your profile, messages, and photos, subject to what "Your content, and the license you give us" says about backups and records.
We may suspend or terminate your account, or any part of your access, at any time, with or without notice, and with or without cause — including if you breach these Terms, if we reasonably believe you have, if your account is fraudulent, if keeping it puts other users at risk, or if we're required to. We may also do it because we've stopped offering aroundthego.
When an account ends: your license ends, your content may be deleted, credits and promotional amounts are forfeited, subscription payments aren't refunded, and we may keep records we need for legal, safety, or accounting reasons. We may refuse to let you sign up again, and we may prevent it.
We aren't liable to you for terminating or suspending your account.
The sections that should outlive the account do: "Your content, and the license you give us", "Feedback and ideas", "Going out, and meeting people you don't know", "Disclaimer of warranties", "Limitation of liability", "Indemnification", "Deadline to bring a claim", "Working it out first", "Binding arbitration and class action waiver", "Governing law and venue", and "Everything else".
27Disclaimer of warranties
aroundthego IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We specifically don't promise that:
- aroundthego will be available, uninterrupted, secure, or error-free, or that defects will be fixed
- event information — times, prices, lineups, age limits, whether it's happening at all — is accurate, complete, or current
- any event will occur, or that a venue will admit you
- any user is who they claim to be, or is safe, lawful, or suitable to meet
- content will be moderated, moderated correctly, moderated quickly, or moderated at all
- anything you post will be stored, retained, or recoverable
- the app will work on your device, or keep working on it
No advice or information, spoken or written, from us or anyone else creates a warranty we haven't given here.
SOME PLACES DON'T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, so some of this may not apply to you. Where an implied warranty can't be excluded, it's limited to the shortest period the law allows.
28Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, aroundthego AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER OR NOT WE WERE TOLD SUCH DAMAGES WERE POSSIBLE, AND WHETHER THE CLAIM IS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANYTHING ELSE.
WE ARE ALSO NOT LIABLE FOR PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR FINANCIAL LOSS ARISING OUT OF OR RELATING TO: THE CONDUCT OF ANY USER, ONLINE OR OFF; ANYTHING THAT HAPPENS AT AN EVENT OR VENUE, OR ON THE WAY TO OR FROM ONE; A TICKET PURCHASE OR ANY OTHER TRANSACTION WITH A THIRD PARTY; UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR CONTENT; OR ANY CONTENT POSTED BY ANYONE OTHER THAN US.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO aroundthego IS LIMITED TO THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (b) US $100.
These limits apply even if a remedy fails of its essential purpose, and they are an essential part of the deal between us — aroundthego is free, and we couldn't offer it on these terms without them.
SOME PLACES DON'T ALLOW SOME OF THESE EXCLUSIONS OR LIMITS, so parts of this may not apply to you. Nothing here limits liability for gross negligence, willful misconduct, or fraud on our part, or any other liability that can't be limited by law. Where liability can't be excluded, it's limited to the least the law allows.
29Indemnification
You agree to defend, indemnify, and hold harmless aroundthego and its owners, officers, employees, contractors, and agents from any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost, or expense — including reasonable attorneys' fees — arising out of or relating to:
- your content, including anything you post, send, or submit
- your use of aroundthego
- your interactions with any other user, online or in person
- any event you submitted, hosted, promoted, or attended
- your breach of these Terms or of anything they incorporate
- your violation of any law or of anyone else's rights, including intellectual property and privacy rights
- any misrepresentation you made to us, including about your age
We may take over the exclusive defense and control of any matter subject to this section, at your expense, and you'll cooperate with us. You won't settle anything that imposes an obligation or admission on us without our written consent. This survives your account ending.
30Deadline to bring a claim
ANY CLAIM ARISING OUT OF OR RELATING TO aroundthego OR THESE TERMS MUST BE FILED — IN ARBITRATION OR IN COURT, WHICHEVER APPLIES — WITHIN 12 MONTHS AFTER IT ARISES. A CLAIM FILED AFTER THAT IS PERMANENTLY BARRED.
Some places don't allow a shortened limitations period. If yours doesn't, this doesn't apply to you.
31Working it out first
Before either of us starts an arbitration or a lawsuit, we both agree to try to settle it informally, because that's faster and cheaper for everyone and it usually works.
Send a Notice of Dispute to support@aroundthego.com with the subject "Notice of Dispute", or by mail to aroundthego, 3517 Easy Avenue, Long Beach, California 90810. It has to include your name, the email on your account, a description of the problem, what you want, and your personal signature — a notice signed and sent by a lawyer on behalf of many people at once doesn't count, and neither does a form letter.
Then give it 60 days. During that time either of us can ask for a phone or video call, and we'll both take part in good faith. Completing this process is a condition of starting arbitration or filing in court, and either of us can ask a court or arbitrator to hold up a case that skipped it. The clock on any deadline — including the one in "Deadline to bring a claim" — pauses while this is going on.
32Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN US GET RESOLVED, AND IT LIMITS YOUR RIGHTS.
Agreement to arbitrate. If "Working it out first" doesn't resolve things, you and aroundthego agree that any dispute, claim, or controversy arising out of or relating to aroundthego, these Terms, or our relationship — including whether it arose before you accepted these Terms — will be resolved by BINDING INDIVIDUAL ARBITRATION rather than in court. This agreement is governed by the Federal Arbitration Act.
YOU AND aroundthego ARE GIVING UP THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO HAVE A DISPUTE DECIDED BY A JUDGE. Discovery and appeal rights in arbitration are more limited than in court.
CLASS ACTION WAIVER. YOU AND aroundthego AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate anyone else's claims with yours, may not preside over any form of class or representative proceeding, and may award relief only to you, only to the extent needed to resolve your own claim.
What isn't covered. Either of us may bring an individual claim in small-claims court if it qualifies. Either of us may ask a court for an injunction or other relief to stop actual or threatened infringement or misuse of intellectual property. And a claim for public injunctive relief may be brought in court — under California law that right can't be waived, and we're not trying to.
How arbitration works. The arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, available at adr.org. One arbitrator decides. The arbitrator applies California law, is bound by these Terms, and must give a written decision explaining the essential findings.
Where. Your choice: a hearing in Los Angeles County, a hearing in the county where you live, a telephone or video hearing, or a decision on documents alone. You should never have to travel to argue a small claim.
Who pays. We pay all AAA filing, administrative, and arbitrator fees for any claim of US $10,000 or less, unless the arbitrator finds your claim frivolous or brought for an improper purpose. Above that, fees follow the AAA rules. Each side pays its own attorneys' fees unless a statute or the arbitrator's award says otherwise. If a court finds these fee terms unenforceable as to your claim, we'll pay whatever the court says is required for the arbitration to go ahead.
Coordinated filings. If 25 or more similar claims are filed against us by or with the help of the same lawyers or coordinated group, the claims will be arbitrated in batches of up to 50 — one arbitrator per batch, one set of fees per batch — starting with two bellwether batches whose outcomes both sides will use in good faith to try to resolve the rest. Deadlines are paused for claims waiting in the queue. This applies to us equally.
Your 30-day right to opt out. You can reject this arbitration agreement — including the class action waiver — by emailing support@aroundthego.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your name and the email on your account. That's all it takes; we won't ask why, and it won't affect your account or anything else in these Terms. If you don't opt out in that window, this section binds you.
If part of this fails. If the class action waiver is found unenforceable as to a particular claim, then that claim — and only that claim — comes out of arbitration and goes to court, and the rest stays in arbitration. Whether the class action waiver is enforceable is for a court to decide, not the arbitrator; everything else about this agreement's meaning, scope, and enforceability is for the arbitrator. If this whole section is found unenforceable, "Governing law and venue" applies.
Changes. If we amend this section, the amendment doesn't apply to any dispute for which a Notice of Dispute was already sent.
This section survives the end of your account and of these Terms.
33Governing law and venue
These Terms, and any dispute between us, are governed by the laws of the State of California, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs "Binding arbitration and class action waiver". The UN Convention on Contracts for the International Sale of Goods doesn't apply.
For any dispute not subject to arbitration — because you opted out, because it's carved out, or because the arbitration agreement is held unenforceable — you and we agree to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California, and each of us waives any objection to venue there or any argument that it's an inconvenient forum. This doesn't override a right you have under local law to sue where you live.
34Changes to these Terms
We'll update these Terms as the app changes. The current version is always in the app, with a version and date at the top.
If a change is material, we'll tell you in the app or by email before it takes effect. Continuing to use aroundthego after that means you accept the updated Terms. If you don't accept them, stop using aroundthego and delete your account — that's your remedy for a change you don't like.
Changes are forward-looking. They don't apply to a dispute we already knew about, and they don't reach back to conduct that was already finished.
35Apple and Google
If you got the app from the Apple App Store, this section applies, and it controls over anything inconsistent elsewhere in these Terms.
These Terms are between you and us only, not Apple. Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you can tell Apple and Apple will refund your purchase price, if any; beyond that, Apple has no warranty obligation, and any other claim, loss, liability, damage, cost, or expense is our responsibility, not Apple's. Apple is not responsible for addressing any claim by you or a third party about the app, including product liability claims, claims that the app fails to conform to a legal requirement, and claims under consumer protection or privacy law. If a third party claims the app infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling, and discharging that claim. You must comply with any applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. Government list of prohibited or restricted parties.
If you got the app from Google Play, the same substance applies to Google: these Terms are with us, not Google; Google isn't responsible for the app, and Google's own terms govern your use of Google Play.
Any giveaway or promotion in aroundthego is sponsored by us alone. It is not sponsored, endorsed, or administered by Apple or Google, and they have no liability for it.
36Everything else
Entire agreement. These Terms, plus the Privacy Policy and anything else they incorporate, are the whole agreement between us about aroundthego, and they replace anything said or written before.
Severability. If a provision is held unenforceable, it's narrowed to the minimum extent needed to make it enforceable, or removed if it can't be, and everything else stays in force. The one exception is in "Binding arbitration and class action waiver", which says what happens if the class action waiver fails.
No waiver. If we don't enforce something, we haven't waived it. Only a written waiver signed by us counts, and it applies once.
Assignment. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, without notice. You may not assign or transfer them, or your account, and any attempt to is void.
No third-party beneficiaries. Nobody other than you and us has rights under these Terms, except Apple and Google as described above.
Relationship. These Terms don't create a partnership, joint venture, employment, agency, or fiduciary relationship between us. We owe you no fiduciary duty, and nothing in aroundthego is professional, legal, medical, or financial advice.
Force majeure. Neither of us is liable for a failure or delay caused by something outside our reasonable control — including natural disaster, fire, flood, epidemic, war, civil unrest, labor action, government action, power or network failure, or the act or omission of a third-party provider. Ours doesn't excuse your payment obligations.
Interpretation. Headings are for convenience. "Including" means "including without limitation". These Terms won't be construed against either of us as the drafter.
Export control. You'll comply with U.S. export and sanctions laws, and you won't use aroundthego where doing so would break them.
U.S. Government users. The app is commercial computer software, provided with only the rights granted here.
Language. These Terms were written in English. If we provide a translation and it conflicts, the English version controls.
37Contact
Questions, reports, and requests: support@aroundthego.com
Removal requests from venues and rights holders: removals@aroundthego.com
Legal notices and service of process: aroundthego, 3517 Easy Avenue, Long Beach, California 90810