When you request information from us, we use your personal information to respond to you via phone, mail or e-mail in accordance with your request.  We may also use your address and e-mail address to send you information about CozmicGo's products, services, events and promotions.  If you participate in a promotion (online or over the phone), we may use your personal information to send you e-mails, mail, or telephone calls (including text messages) regarding CozmicGo's available experiences, services and promotions.  From time to time, we may use this information to contact you via e-mail, mail, or telephone to learn more about your preferences.  You always have the choice not to receive marketing information mailings or calls from CozmicGo; you just need to let us know.   

 

We may also use the information about your interests and purchases from Stripe to help us improve the site design and your online experiences.  We may contact you, subject to the choices you have made, via e-mail, mail or telephone, to conduct market research and learn more about how we can improve our offerings.   

 

To serve you better, we may combine information you give us and information about your interests with information from third parties, including demographic information and information that is publicly available.  We may also combine this information with information from Stripe.  We use that combined information to enhance and personalize your online experience with us and to communicate with you in accordance with this Privacy Policy.   

 

3.    Does CozmicGo share my information with third parties other than the Hosts and Stripe?

CozmicGo will not share your personal information with third parties for marketing purposes; provided, however, we may share generic aggregated demographic information not linked to any personal identification information regarding visitors and guests with our business partners.  In accordance with Google's policies, however, Google may monitor your activity on the Web site(s) and/or App(s).  In addition, CozmicGo's contracts with service providers to maintain and manage our customer information, for the e-commerce portion of the  Web site(s) and/or App(s), to fulfill promotions, and to communicate with our customers.  We do not authorize any of these service providers to make any other use of your information.   

 

CozmicGo reserves the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of CozmicGo, its authorized affiliates, and others. 

 

4. How do I OPT OUT of receiving promotional communications?  

We want to communicate with you only if you want to hear from us.  If you prefer not to receive promotional information from us, or if you do not want us to use your information to enhance your online experience, you may OPT OUT of receiving our promotional communications at no cost to you.  You should be aware that you will need to OPT OUT each time you contact us electronically by means of the Web site(s) and/or App(s) or save your information online.   

 

To OPT OUT, please let us know by emailing us at support@cozmicgo.org. If you ask us to remove your name and address from promotional lists, we will maintain your name in our "do not contact" list to ensure that we can honor your request.  Note that it may take up to four (4) weeks to process your opt out request, during  which time you may continue to receive communications from CozmicGo. 

 

Opting out with CozmicGo does not mean you have opted out with the Hosts, Google or Stripe.  Please consult these third parties' respective Privacy Policies and related policies for information regarding any related OPT OUT opportunities.   

 

If you would like to request information about what we collect, please feel free to call or write us as well.  In accordance with California law, we will respond in writing to your request within thirty (30) days.   

5.    How do I access my information?  How do I change or delete my information?

You may ask us to update your personal information by e-mailing or writing us with your new information or by logging into your online account with us.  

6.    How does CozmicGo protect children's privacy online?

CozmicGo is concerned about the safety of children when they use the Internet and the Web site(s) and/or App(s).  Children (persons under the age of 18) are not eligible to use the Web site(s) and/or App(s) unsupervised, and we ask that children do not post any comments or reviews to our blog or electronic comments board or submit any personal information to us.  If you are under the age of 18, you may only use the Web site(s) and/or App(s) or participate in any online sweepstakes in conjunction with and under the supervision of your parents or guardians.  We will never knowingly request personally identifiable information from anyone under the age of 18.  

7.    What are cookies?  How does CozmicGo use cookies on its Web site(s) and/or App(s)?

A "cookie" is a small data file that Web site(s) and/or App(s)s often store on your computer's hard drive when you visit their sites.  A cookie may contain information, such as a unique guest ID that Web site(s) and/or App(s)s use to track the pages of the sites you've visited.  A cookie may also collect technical information which is not personally identifiable such as the type of Internet browser you are using, the types of computer operation system you are using, and the domain name of the Web site(s) and/or App(s) from which you linked to the Web site(s) and/or App(s).  An HTTP referrer is a tool that allows Web site(s) and/or App(s)s and servers to identify from where people are visiting for promotional or security purposes.  We may have an HTTP referrer tool implemented on various Web site(s) and/or App(s)s on the Internet which will identify how you arrived at the Web site(s) and/or App(s).   

 

We use cookies in order to improve your online experience.  We use cookies in connection with the login and posting of information on the blog or electronic comments board available on the site.  Through our use of an HTTP referrer tool, we may also track and maintain the identity of the Web site(s) and/or App(s) you visited immediately prior to visiting the Web site(s) and/or App(s).  We do not otherwise track any information about your use of other Web site(s) and/or App(s)s.   

 

In accordance with Stripe's Privacy Policy, Stripe may use cookies and other pieces of code such as Web beacons to improve your experience  shopping experience.  A Web beacon allows a Web site(s) and/or App(s) to count guests who have visited that page or to access certain cookies.  For information regarding the Stripe-related cookies, please consult Stripe's Privacy Policy.   

 

You can deactivate cookies by turning them off in your browser.  If you turn off cookies, though, you may hinder your online experience and you may be unable to receive or use some of the features of the Web site(s) and/or App(s), to order products, to log into your online account with us, or to post any information to our blog or electronic comments board.   

 

In addition, in accordance with Google's Privacy Policy, Google may independently employ cookies or other pieces of code such as Web beacons on our Web site(s) and/or App(s) through its advertising management system.  To the extent used by Google, a Web beacon allows a Web site(s) and/or App(s) to count guests who have visited that page or to access certain cookies.  For information regarding the Google-related cookies and other coding, please consult Google's Privacy Policy or related policies.   

 

8. Is my information secure?

We believe your data must be protected against loss and unauthorized access.  On our e-commerce pages, Stripe uses procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, firewalls and Secured Socket Layer (SSL) encryption technology.  SSL technology, an industry standard, is designed to prevent someone other than the operators of the Web site(s) and/or App(s) and our e-commerce providers from capturing and viewing your personal information.  In addition, to provide our customers with an increased level of security, online access to track your order(s) requires your  e-mail address and corresponding order number(s) and your account is protected with a password you select.  We strongly recommend that you do not disclose your password to anyone.  CozmicGo will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).  While our third party vendors employ many different security techniques to protect such data from unauthorized access, perfect security does not exist on the Internet, and CozmicGo does not ensure or guarantee the security of any information you transmit to us on the Web site(s) and/or App(s) or the accuracy of any information displayed on the Web site(s) and/or App(s) or in connection with Google's advertising management system, Stripe's shopping cart or payment processing services. 

 

9. What about links to other Web site(s) and/or App(s)s and services?

CozmicGo's Web site(s) and/or App(s) may contain links to other sites beyond CozmicGo's control.  CozmicGo is not responsible for the content or practices of any linked Web site(s) and/or App(s)s, and we provide these links solely for the convenience and information of our visitors.  CozmicGo does not control the privacy policies or practices of these Web site(s) and/or App(s)s.  This Privacy Policy does not cover the collection of 

information by those other companies and/or Web site(s) and/or App(s)s.  Although we encourage third parties to provide their own privacy policies, CozmicGo is not responsible and shall not be liable for their activities, such as how they handle the information they collect online.  You should review those policies before providing any personal information.   

 

10. Updates to our Privacy Policy.  

We may amend this Privacy Policy at any time by posting the amended terms on the Web site(s) and/or App(s).  All amended terms shall automatically be effective after they are posted on the site.   

 

11. Governing Law; Limitation of Damages; Entire Agreement.  

This Privacy Policy is governed by the laws of the State of California.  Venue for any dispute arising under this Privacy Policy shall be in the courts in and for Contra Costa County, California.  By your use of our site, you agree to be bound by the terms and conditions contained in this Privacy Policy.  To the extent you may maintain any claims for liability against CozmicGo arising from a potential violation of this Privacy Policy or to the misuse of your personal information, you agree that your recovery for damages is expressly limited to those provided in California Civil Code Section 1798.84, as may be amended from time to time.   

 

This Privacy Policy together with CozmicGo's policies posted on our Web site(s) and/or App(s) and Terms of Use constitute the entire agreement between you and CozmicGo regarding the use of CozmicGo's Web site(s) and/or App(s) and supersede any and all previous and contemporaneous oral and written agreements between you and CozmicGo regarding your use of the Web site(s) and/or App(s).   

 

Effective Date: August 9th, 2019

 

Service Agreement

 

This Host Service Agreement ("Agreement") is made as of the date last written below between CozmicGo, company ("Company" or "we"), and the undersigned ("Host" or "you"). 

 

The Company's goal is to bring together Host(s) and members of the public (collectively, "Guests" or "customers" or “participants" ) for purposes of Hosts promoting and providing Guests experiences (activity, event, class, trip, social gathering, etc) via the Company's Web site(s) and/or App(s) and/or software application (collectively, the "Site"). 

 

To be a host you must be at least 18 years of age, and not convicted of any crimes that would put a guest at risk as legally defined in your state and/or country.

 

Our expectations for the Host(s) are contained in this Agreement. We expect you to agree to the following terms upon your sign up for a CozmicGo account.

 

You agree to these Additional Terms for Experience Hosts (“Experience Host Terms”) when you submit a Listing for an Experience, Event or other Host Service.

 

These terms are in addition to the CozmicGo Terms of Service and the CozmicGo Payments Terms of Service, and except as explicitly stated, the CozmicGo Terms of Service and the CozmicGo Payments Terms of Service apply in full to all Experience Hosts, Experience Host Listings, and Experiences, Events, or other Host Services. All capitalized terms not defined here have the meaning given to them in the CozmicGo Terms of Service. Nothing in these Experience Host Terms shall be construed to amend or contradict the CozmicGo Terms of Service unless explicitly stated. If there is a conflict between the CozmicGo  Terms of Service and the Experience Host Terms, these Experience Host Terms control.

 

Additional Terms for Listing Experiences, Events and other Host Services

 

Experiences, Events or other Host Services must at all times meet the quality standards for Experiences. Once published, an Experience, Event or other Host Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the CozmicGo Terms of Service.

 

When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.). You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times. In providing the Services, Host shall comply with all policies, standards and procedures of Company as identified from time to time, provided that Host shall, in Host's reasonable professional discretion, determine the methods and manner of performing the Services, without the direct supervision of Company. Host shall devote Host's utmost knowledge and best skill to the performance of the Services and shall exercise Host's best judgment while interacting with the Guests. Host shall keep and maintain appropriate records relating to all Services rendered by Host during the Period of Engagement. At all times, Host shall exercise his/her best judgment in conducting the Experiences, including, but not limited to, being prepared for emergencies, well-versed in safety for the benefit of the Guests, and/or being prepared to cancel an Experience in the event of inclement weather, unsafe conditions, and/or unforeseen issues.

 

You are solely responsible for setting a price (including any Taxes if applicable, or charges for your Listing. Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

 

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

 

Host are able to communicate regularly with the Guests who have accepted the Host's Experience(s) via the Site's messaging service.  In advance of each Experience , Host are able to greet the Guests, answer questions, and provide the Guests with any additional details that the Guests need to know about the upcoming Experience .   

 

You are responsible for your password to access the Site.  You should keep it safe and ensure no third party can access your account on the Site.  

 

For security reasons, Host should not provide Host's personal information or payment information to any third party outside the Site.  

 

By making your Experience, Event or other Host Service available for a particular date and time on the CozmicGo  Platform (an “Event”), you agree that only people who book through CozmicGo can attend that Event of the Experience, activity or other Host Service. You further agree that you will not allow people to attend any Event of your Experience, Activity or other Host Service available on the CozmicGo Platform unless that person booked through CozmicGo or was added as an additional Guest for a ticket booked through the CozmicGo Platform.

 

If you wish to list an Experience, Event or other Host Service on behalf of a Nonprofit you must comply with the eligibility requirements for hosting a Nonprofit Experience. When listing a Nonprofit Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Nonprofit Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with CozmicGo  and CozmicGo  is not a professional fundraiser or commercial participator. Nonprofits, and not CozmicGo , are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Nonprofit Experience.

 

Hosts alone are responsible for the Experiences, Events, or other Host Services that they submit, list and provide. CozmicGo merely provides the CozmicGo Services and is not itself an operator or provider of tours, activities, travel services, Experiences, Events or other Host Services. CozmicGo does not own, sell, resell, furnish, provide, manage and/or control any such Experiences, Events or other Host Services. CozmicGo ’s responsibilities are limited to making the Listings for Experiences, Events or other Host Services available through the CozmicGo  Platform

 

You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience, Event or other Host Service. You are solely responsible for ensuring that the Equipment used in your Experience, Event or other Host Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

 

Additional Experience Host Responsibilities

 

You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s); and (iii) ensuring that your Listing and/or Hosting of an Experience, Event, or other Host Service(s) will not breach any agreement you may have with any third party.

 

You must provide your Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by CozmicGo. You may include a co-host(s) to your experience as long as you notify guest in your posting and you must be present during the entire duration of the experience. Hosts shall be on time for all scheduled Experiences.

 

Severability

 

If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

 

Updates to these Experience Host Terms

 

We reserve the right to update, modify or discontinue the Experience Host Terms, at any time. If we modify the Experience Host Terms, we will give you notice and post the modification on the CozmicGo  Site, Application, or Services. By continuing to access or use the Services after the modified Experience Host Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.

 

Survival

 

If you or we terminate the Experience Host Terms, the clauses of these Experience Host Terms that reasonably should survive termination of the Experience Host Terms will remain in effect. When the Experience Host Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.

 

AGREEMENT 

In consideration of Host's engagement with the Company (which for purposes of this Agreement shall be deemed to include any authorized subsidiaries and/or affiliates of the Company), the receipt of confidential information from the Company while associated with the Company, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Host agrees as follows: 

 

Compensation. 

In consideration for the Services and for the discharge of all Host's obligations hereunder, Company shall pay Host the compensation as set forth in the schedule. Host acknowledges that Company has no obligation to pay any compensation or to provide benefits or services of any kind to Host other than as expressly provided in this Agreement. 

 

If you choose to use the CozmicGo Platform as a Host or Co-Host, your relationship with CozmicGo is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of CozmicGo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of CozmicGo. CozmicGo does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities. Nothing contained in this Agreement, nor any aspect of the intended arrangement between the parties shall be deemed to constitute Host or Host's Affiliates as employees of Company, or as establishing a partnership or joint venture relationship with Company, for any reason whatsoever. Neither Host nor Host's Affiliates shall have authority to act on Company's behalf for any purpose. Host and Host's Affiliates are not considered employees of the Company and are not entitled to participate in any pension plans, medical insurance benefits, workers' compensation benefits, unemployment benefits, vacation, sick pay, or similar benefits that Company may provide to its employees. 

 

Taxes. Company shall treat Host as an independent contractor for all state and Federal tax purposes, including specifically for income and employment tax purposes. Therefore, Company shall not withhold state or Federal income taxes, social security taxes, or any other form of payroll deduction which is normally required only for employees, and these shall remain solely the obligations of Host. Host shall hold harmless and indemnify Company from and against, and shall assume full responsibility for, payment of all Federal, state and local taxes or contributions imposed or required under unemployment, social security, and income tax laws, with respect to Host's performance under this Agreement. These obligations shall survive the termination or expiration of Host's provision of Services for Company. 

 

CozmicGo does not collect sales tax for any state or country and puts the responsibility on the hosts per the terms of service. Be aware of the local laws and tax regulations that may affect you and your business. Tax regulations vary widely depending on location, business type, and the money you generate. Taxes can be complicated, please take the time to understand the rules as they apply to your experiences. 

 

Term and Termination. 

This Agreement may be terminated by Company immediately upon written notice in the event of: (a) Host's material breach of any of the provisions of this Agreement; (b) Host's neglect of his/her duties; (c) Host failure to appear for a scheduled Experience ; (d) unprofessional, unethical or fraudulent conduct by Host or Host's Affiliates, or conduct discrediting to Company's reputation or professional standing, which shall be determined by Company in its sole discretion; (e) consistently negative ratings by customers on the Site; (g) Host's failure to comply with any reasonable requests by Company; or (f) Host's account on the Site is "under review" by the Company as a result of any claim(s) filed against the Host by a Guest. 

1.1. For purposes of this Agreement, in the event an Host's account on the Site is "under review" by the Company, Host acknowledges that he/she shall not be permitted to post any new Experience(s) to the Site; provided, however, Host shall be obligated to proceed with previously scheduled Experiences in accordance with the terms posted on the Site. Notwithstanding the foregoing, during the "under review" period, the Company, in its discretion, may (a) suspend Host's account on the Site and cancel all scheduled Experience(s) and/or (b) deactivate the Host's account on the Site. 

1.2. Termination in Other Circumstances. Notwithstanding anything to the contrary contained herein and subject to Section below, this Agreement shall terminate immediately if:

1.3. Circumstances occur that make it impossible or impracticable for Host to continue Host's performance of the Services; 

1.4. Host dies; or 

1.5. Host becomes permanently disabled and Host is materially unable to perform Host's obligations under this Agreement. For purposes of this Agreement, Host's "permanent disability" shall be defined as Host's failure, incapacity or inability to perform the services contemplated by this Agreement for a cumulative total of sixty (60) calendar days (which need not be consecutive) within any period of 365 days, because his/her physical or mental health shall have become impaired to such a degree that it is impossible for Host to perform the material duties and responsibilities required of him/her hereunder. 

1.6. Effect of Termination. Upon deactivation of Host's account on the Site and/or termination or expiration of this Agreement, Company shall not be obligated to pay any further compensation or expense reimbursement to Host, other than compensation accrued to the date of termination.

 

Confidentiality. 

2.1. Definitions. "Proprietary Information" is all information and any idea in whatever form, tangible or intangible, pertaining in any manner to the business of the Company, or any of its affiliates, subsidiaries or its independent contractors, customers, consultants, or business associates, which was produced by any independent contractor or consultant of the Company in the course of its engagement or consulting relationship or otherwise produced or acquired by or on behalf of the Company. All Proprietary Information not generally known outside of the Company's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." By example and without limiting the foregoing definition, Proprietary Information and Confidential Information shall include, but not be limited to: 

2.2. Company's travel/experience software application and related services (collectively, the "Product"), models, designs, methods, formulas, compositions, systems, machines, computer programs, techniques, processes, trade secrets, logarithms, software, source code, object code, electronic codes, mask works, inventions, innovations, patents, patent applications, discoveries, improvements, data, know-how, formats, test results, and research projects; 

2.3. information about costs, profits, markets, sales, contracts, lists of customers, manufacturers and distributors, pricing, data, and sources of supply; 

2.4.  business, marketing, and strategic plans; 

2.5.  forecasts, unpublished financial information, budgets, projections, and customer identities, characteristics agreements, security policies, finite state diagrams, product specifications, and design information; 

2.6.  ideas and concepts for work, including plans, projects and projections; and 

2.7.  personnel files and compensation information. 

 

Confidential Information is to be broadly defined, and includes all information that has or could have commercial value or other utility in the business in which the Company is engaged or contemplates engaging, and all information of which the unauthorized disclosure could be detrimental to the interests of the Company, whether or not such information is identified as Confidential Information by the Company. 

 

2.8. Existence of Confidential Information. The Company owns and has developed and compiled, and will develop and compile, certain trade secrets, proprietary techniques and other Confidential Information which have great value to its business. This Confidential Information includes not only information disclosed by the Company to Host, but also information developed or learned by Host during the course of Host's engagement with the Company. The Company does not wish to receive any confidential information from Host and the Company assumes no obligation, either express or implied, with respect to any information disclosed by Host as a result of the discussions between the parties.

2.9. Protection of Confidential Information. Host shall not, directly or indirectly, use, make available, sell, disclose or otherwise communicate to any third party, other than in Host's assigned duties and for the benefit of the Company, any of the Company's Confidential Information, either during or after Host's engagement with the Company. 

2.10. Delivery of Confidential Information. Upon request or when Host's engagement with the Company terminates or expires, Host shall immediately deliver to the Company all copies of any and all materials and writings received from, created for, or belonging to the Company including, but not limited to, those which relate to or contain Confidential Information, drawings, reports, manuals, correspondence, customer lists, computer programs, flash drives, projections, and all other materials in any way related to the Company's business, and all copies, notes and abstracts thereof. 

2.11. Location, Reproduction, Exhibition and Distribution. Host shall maintain at Host's home workstation and/or any other place under Host's control only such Confidential Information as Host may have a current "need to know." Host shall return to the appropriate person or location or otherwise properly dispose of Confidential Information once that need to know no longer exists. Host shall not make copies of or otherwise reproduce, exhibit or distribute Confidential Information unless there is a legitimate business need of the Company for reproduction, exhibition, or distribution. 

2.12. Prior Actions and Knowledge. Host represents and warrants that, from the time of Host's first contact with the Company, Host held in strict confidence all Confidential Information and has not disclosed any Confidential Information, directly or indirectly, to anyone outside the Company, or used, copied, published, or summarized any Confidential Information, except to the extent otherwise permitted by this Agreement. 

2.13. Third-Party Information. Host acknowledges that the Company has received and in the future will receive from third parties certain confidential and proprietary information subject to a duty on the Company's part to maintain the confidentiality of such information and to use it only for certain limited purposes. Host agrees that, during the Period of Engagement and thereafter, Host shall hold all such information in the strictest confidence and not disclose or use it, except as necessary to perform Host's obligations hereunder and as is consistent with the Company's agreement with such third parties. 

2.14. Third Parties. Host represents that Host's engagement with the Company does not and will not breach any agreements with or duties to a former employer or any other third party. Host shall not disclose to the Company or use on its behalf any confidential or proprietary information belonging to others and Host shall not bring onto the premises of the Company any confidential or proprietary information belonging to any such party unless consented to in writing by such party.

 

 

3.1. Representations and Warranties. Host represents and warrants (i) that Host has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Host's undertaking a relationship with the Company; (ii) that, to the best of Host's knowledge, the performance of the Services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party applicable to Host; (iii) that Host will not use in the performance of Host's responsibilities for the Company any materials or documents of a former engager or employer; (iv) Host has the qualifications and ability to perform the Services in a professional manner, without the advice, control or direct supervision of the Company; (v) Host shall retain control over and exercise good judgment regarding where and what type of Experience to lead, how to perform the Services by conducting the Experience  and how to interact appropriately with Guests while on the Experience ; and (v) that Host has not entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement. Host shall be solely responsible for the reporting and payment of all applicable taxes, including income taxes and estimated taxes, Social Security taxes, and any other applicable withholdings, deductions, and payments related to the income received by Company for its services to Company.

 

4.1. Waiver of Liability, Limitation of Liability, Assumption of Risk & Indemnification. 

 

4.2. Waiver of Liability & Limitation of Liability. FOR AND IN CONSIDERATION OF AUTHORIZING Host TO POST AND ADVERTISE ExperienceS ON THE COMPANY'S Web site(s) and/or App(s) AND LEADING THOSE ExperienceS FOR PARTICIPANTS USING THE COMPANY'S Web site(s) and/or App(s), THE Host, FOR HIMSELF/HERSELF, HIS/HER HEIRS, PERSONAL REPRESENTATIVES, AND/OR ASSIGNS, DOES HEREBY RELEASE, DISCHARGE, WAIVE AND COVENANT NOT TO SUE THE COMPANY, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES AND RELATED ENTITIES FROM LIABILITY FROM ANY AND ALL CLAIMS INCLUDING THE NEGLIGENCE OF THE COMPANY, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES AND RELATED ENTITIES, RESULTING IN PERSONAL INJURY, ACCIDENTS OR ILLNESSES (INCLUDING DEATH), AND/OR PROPERTY LOSS ARISING FROM, BUT NOT LIMITED TO, THE PLANNING AND DEVELOPMENT OF AND/OR PARTICIPATION IN THE Experience . Host ACKNOWLEDGES AND AGREES THAT (A) HE/SHE IS SOLELY RESPONSIBLE FOR IDENTIFYING AND DEVELOPING ALL ASPECTS OF THE Experience , LEADING Guests ON THE Experience , AND ASSESSING THE Guests' RESPECTIVE ABILITIES TO PARTICIPATE IN THE Experience ; AND (B) THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY ASPECT OF THE Experience , INCLUDING, BUT NOT LIMITED TO, Host'S SELECTED LOCATION, TIMING, WEATHER CONDITIONS, GEAR UTILIZED, THE HEALTH, SAFETY OR WELL-BEING OF PARTICIPANTS ON THE Experience , OR ASSESSING THE Guest'S ABILITY TO PARTICIPATE IN THE Experience . 

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY THE COMPANY OR THE Hosts OR PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS MADE BY THE Hosts. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR SITE. WE EXPRESSLY RESERVE THE RIGHT TO ALLOW Hosts TO CORRECT ANY PRICING ERRORS ON OUR SITE AND/OR ON PENDING BOOKINGS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. 

 

ANY RATINGS FOR Hosts ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC ExperienceS. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR SITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY Experience S BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH Experience  OR Host. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE COMPANY OR THE Hosts ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE. 

THE Hosts PROVIDING ExperienceS ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY. THE COMPANY SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH Hosts OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE COMPANY HAS NO LIABILITY AND SHALL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS CONTROL, AND THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SITE OR ITS SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IF, DESPITE THE LIMITATIONS PROVIDED ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE COMPANY'S LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEES YOU RECEIVED FROM THE COMPANY VIA THE SITE IN CONNECTION WITH THE Experience  AT ISSUE, OR (B) ONE HUNDRED DOLLARS ($100.00 USD). THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

 

4.3. Assumption of Risks. You agree that some Experiences, Events, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless CozmicGo from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.

 

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.

 

Hosts and Guests understands and acknowledges that leading and/or participating in the Experience carries with it the possibility that Host or Guest may be exposed to a variety of hazards and risks, foreseen and unforeseen, which are inherent to the Experience  and cannot be eliminated without altering the intent of the Experience . These inherent risks, include, but are not limited to possible bodily injury, annoyance, harassment, or stalking by other Hosts, Guests, or participants, identity theft, property damage, and death. Host and Guests knows these injuries and/or damages can occur by natural causes or activities of other persons, including other Experience participants, Guests, Hosts or unrelated third parties. Host and Guests have read the previous paragraph, and knows, understands and appreciates these and other risks that are inherent in the Experience . Host and Guests hereby asserts that his/her participation in the Experience  is voluntary and that he/she is not required to do so. IN PARTICIPATING IN THE Experience , Host and Guests VOLUNTARILY AND FREELY ASSUMES ALL RISK OF ACCIDENT, ILLNESS OR DAMAGE TO OR LOSS OF PROPERTY AS IDENTIFIED HEREIN FOR HIMSELF/HERSELF AND THIRD PARTIES PARTICIPATING IN THE Experience (S). The Company shall not be responsible to any person for any of Host's or Guest’s acts, omissions, negligence, or damage to facilities. 

 

4.4. Indemnification and Hold Harmless. To the maximum extent permissible by law, Hosts and Guests hereby waive, discharges claims, and releases from liability the Company, its officers, managers, members, employees, agents, affiliates and related entities from any and all liability on account of, or in any way resulting from any injury or damage resulting from the negligence, or other acts, howsoever caused by any employee, agent or contractor of the Company. Hosts or Guests further agree to indemnify and hold harmless the Company, its officers, managers, members, employees, agents, affiliates and related entities from and against any and all claims, demands, losses, obligations, actions, suits, procedures, costs, expenses, damages, recoveries and deficiencies, injuries, liabilities or losses, including without limitation, interest, penalties and reasonable attorneys' fees and costs, that Company may incur or suffer and that arise, result from or are related to (i) Host's negligence, (ii) Host's leading and/or participation in an Experience and/or any travel to or from the Experience , (iii) Host's willful acts, or any breach or failure of Host to perform any of its representations, warranties and covenants contained in this Agreement, (iv) your use of the Site, (v) your violation of any law or rights of any third party, and (vi) allegation(s) by a third party that the Host's posting on the Site infringes or otherwise violates any copyright, trademark or other proprietary right of a third party. Host shall reimburse the Company for any such expenses incurred. These obligations shall survive the termination or expiration of Host's provision of Services to Company. 

 

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 CozmicGo Platform and Collective Content, your publishing or booking of any Listing via the CozmicGo Platform, participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither CozmicGo nor any other party involved in creating, producing, or delivering the CozmicGo Platform or Collective Content 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 CozmicGo Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the CozmicGo Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CozmicGo 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.

 

 

4.5. Severability. Host further expressly agrees that the foregoing waiver, limitation of liability, assumption of risks and indemnification agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid or legally unenforceable for any reason, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

5. Termination Obligations. 

 

5.2. Company Records. Upon the termination of Host's relationship with the Company or promptly upon the Company's request, Host shall surrender to the Company all equipment, tangible Proprietary Information, documents, books, notebooks, records, reports, notes, memoranda, drawings, sketches, models, maps, contracts, lists, computer disks (and other computer-generated files and data), any other data and records of any kind, and copies thereof (collectively, "Company Records"), created on any medium and furnished to, obtained by, or prepared by Host in the course of or incident to Host's engagement, that are in Host's possession or under Host's control. 

 

5.3. Survival Period. Host's representations, warranties, and obligations contained in this Agreement shall survive the termination of the Period of Engagement. 

 

5.4. Future Cooperation. Following any termination of this Agreement or expiration of the Period of Engagement, Host will fully cooperate with the Company in all matters relating to Host's continuing obligations under this Agreement. 

 

6. Privacy Policy. Host consents to the Company's processing and sharing of Host's personal information that Host has provided to the Company in accordance with the terms of our Privacy Policy and for the purposes of allowing customers to reserve Experiences and payment of Host for completed Experience(s). Host represents that Host has read and agrees to the terms of our Privacy Policy, which can be found on our Site. 

 

7.1. Miscellaneous Provisions. The following miscellaneous provisions shall apply to this Agreement: 

7.2. Entire Agreement. Together with the Community Guidelines (defined on attached Schedule 1), the Company's Terms of Use and Privacy Policy which are posted on the Site, this Agreement sets forth the parties' mutual rights and obligations with respect to proprietary information. It is intended to be the final, complete, and exclusive statement of the terms of the parties' agreements regarding these subjects. This Agreement supersedes all other prior and contemporaneous agreements and statements on these subjects, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of the Company, now or in the future, and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control unless changed in writing by the Company. 

7.3. Binding Effect. This Agreement shall be binding upon Host, Host's heirs, executors, assigns and administrators, and is for the benefit of the Company and its successors and assigns. 

7.4. Governing Law; Venue. It is specifically stipulated and agreed that this Agreement shall be interpreted and construed according to the laws of the State of California without regard to its conflicts of laws principles. Venue for any dispute arising under this Agreement shall be in the courts in and for Contra Costa County, California. 

7.5. Severability. If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. 

7.6. Construction. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not limitation, this Agreement shall not be construed against the party responsible for any language in this Agreement. 

7.7. Assignment. This Agreement may not be assigned by Host without the Company's prior written consent, which may be withheld or conditioned in Company's discretion. The Company may freely assign this Agreement. 

7.8. Engagement at Will. This Agreement is not an employment agreement. Host understands that the Company or Host may terminate Host's association or engagement with the Company at any time, with or without cause.

7.9. Injunctive Relief. Host acknowledges that Host's failure to carry out any obligation under this Agreement, or a breach by Host of any provision herein, will constitute immediate and irreparable damage to the Company, which cannot be fully and adequately compensated in money damages and which will warrant preliminary and other injunctive relief, an order for specific performance, and other equitable relief. Host further agrees that no bond or other security shall be required in obtaining such equitable relief and Host hereby consents to the issuance of such injunction and to the ordering of specific performance. Host also understands that other action may be taken and remedies enforced against Host by the Company.

7.10. Arbitration. Except for any claim seeking the exercise of the injunctive or equitable powers of a court of competent jurisdiction, any action to enforce or interpret this Agreement, or to resolve disputes with respect to this Agreement, shall be settled by arbitration in accordance with California Code of Civil Procedure Sections 1280   through 1294.2 and any successor provisions thereto. The provisions of California Code of Civil Procedure Section 1283.05 regarding the right to take depositions and obtain discovery shall apply to the arbitration. Arbitration shall be the exclusive dispute resolution process. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. The place of arbitration shall be in Contra Costa County, California. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorneys' fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to enforce the arbitrator's decision. 

 

Exceptions to Arbitration Agreement. You and CozmicGo 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).

 

No Class Actions or Representative Proceedings. You and CozmicGo acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member 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 CozmicGo 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 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 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and CozmicGo 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

 

Jury Trial Waiver. You and CozmicGo acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes

 

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by CozmicGo via email, CozmicGo Platform notification, or messaging service (including SMS and WeChat).

 

7.11. Attorneys' Fees. If any legal proceeding, arbitration or other action is brought or threatened for the enforcement or interpretation of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, and the prevailing party in any such action(s) should incur any legal fees, including, but not limited to, attorneys' fees, paralegal fees, expert witness fees and other similar costs, the successful or prevailing party or parties to any such dispute or action shall be entitled to recover their reasonable attorneys' fees and additional legal costs incurred, together with any other relief to which they may otherwise be entitled, as determined by an arbitrator, judge at trial, or upon appeal or petition. 

Attorneys' fees and legal costs incurred by the successful or prevailing party in enforcing any judgment or arbitration award shall also be recoverable as a separate item. This provision for post-judgment attorneys' fees and legal costs is intended to be severable from the remaining provisions of this Agreement, shall survive any judgment or arbitration award, and shall not be merged into any judgment or arbitration award. 

7.12. Rights Cumulative. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either the Company or Host (or by that party's successor(s) or authorized assigns), whether pursuant hereto, to any other agreement, or to law, shall not preclude or waive that party's right to exercise any or all other rights and remedies. This Agreement will inure to the benefit of the Company and its successors and assigns. 

7.13. Non-Waiver. The failure of either the Company or Host, whether purposeful or otherwise, to exercise in any Event any right, power or privilege under this Agreement or under law shall not constitute a waiver of any other right, power or privilege, nor of the same right, power or privilege in any other Event. Any waiver by the Company or by Host must be in writing and signed by Host and a manager of the Company.

7.14. Notices. Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if it is in writing, and if and 7.15. Date of Effectiveness. This Agreement shall be deemed effective as of the commencement of Host's engagement with the Company. 

7.16. Counterparts. This Agreement and any amendment hereto may be executed in one or more counterparts and delivered by facsimile, email or other means of electronic transmission, each of which shall constitute one and the same instrument. A copy of this Agreement that is executed by a party and transmitted by that party to any other party by facsimile, email and other electronic means shall be binding on each signatory thereto to the same extent as a copy of this Agreement containing the signatory's original signature. 

7.17. Headings. All headings in this Agreement are inserted only for convenience and ease of reference, and are not to be considered in the construction or interpretation of any provision of this Agreement.

7.18. Authority. Each individual executing this Agreement on behalf of a party hereto, by his or her signature, represents that he or she maintains full authority on behalf of the applicable party to execute this Agreement, and thereby bind the applicable party to all covenants, duties and obligations contained herein. 

7.19. Exhibits. All exhibits and schedules to this Agreement as referenced in any portion hereof are hereby incorporated by this reference, as though fully set forth in the body of this Agreement. 

7.20. Time. Time is agreed to be of the essence with respect to this Agreement. 

7.21. Additional Instruments; Agreement to Perform Necessary Acts. The parties shall execute such other instruments and documents as are or may become necessary or convenient to carry out the intent and purposes of this Agreement. Host agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. 

7.22. Force Majeure. Neither party shall be liable to the other for failure to perform any of the services, duties or obligations (other than for delay in the payment of money due and payable hereunder) required of such party herein in the event of acts of God, war, acts of war, terrorism, revolution, civil commotion, riots, acts of public enemies, blockage or embargo, delays of carriers, car shortage, fire, explosion, breakdown of equipment, strike, lockout, labor dispute, casualty or accident, earthquake, epidemic, flood, cyclone, tornado, hurricane or other windstorm, delays of vendors or other contingencies interfering with production or with customary or usual means of transportation, or by reason of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any governmental authority, local, state or federal, including court orders, judgments or decrees, or any other cause whatsoever, whether similar or dissimilar to those above affected over which such party has no control. The party affected by an event of the sort enumerated in or contemplated by this Section may suspend performance of this Assignment for a period of time equal to the duration of the event excusing such performance. 

7.23. Independent Host Acknowledgment. Host acknowledges that Host has had the opportunity to consult legal counsel in regard to this Agreement, that Host has read and understand this Agreement, that Host is fully aware of its legal effect, and that Host has entered into it freely and voluntarily, based on Host's own judgment and not on any representations or promises other than those contained in this Agreement.

 

Your Acceptance of these Terms and Conditions.

 

By booking your Experience, participating in an experience or event with us or using the Site, you are agreeing to be bound by the terms of this Agreement of this Agreement above and any additional terms and conditions of any Host that are applicable to your booking, Experience  arrangements or use of any content from the Site. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your booking reservation, (b) your forfeiture of any monies paid for your booking reservation, (c) you being denied access to the applicable Experience , and (d) our right to debit your account for any reasonable costs we incur as a result of such violation.

 

Schedule 1 

 

Services – Scope of Work: 

Host shall be solely responsible for organizing, preparing for, and leading Guests on various Experiences, which will be posted on the Company's Site. The Company has no obligation to promote any Experience appearing on the Site.

 

In connection with performance of the Services, Company requires that the following items will be completed:   

 

At all times, Host shall abide by the Community Guidelines (the "Community Guidelines") prepared by the Company, as amended from time to time.  The terms and conditions contained in the Community Guidelines are hereby incorporated by reference into this Agreement.  In the event of any conflict between this Agreement and the Community Guidelines, the terms of this Agreement shall govern.   

 

Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services.

 

When your experience is booked by a Guest, you “Host” are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

 

CozmicGo recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while participating in your Experience, Event or other Host Service

 

CozmicGo may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the CozmicGo Platform. CozmicGo reserves the right to change the Service Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

 

The Host shall set the price for each Experience.  The Company shall retain a service fee from each completed Experience. The service fee collected from CozmicGo is 10%. In addition, Our third party payment processor Stripe inc retains a payment processing fee of 2.9% of the total booked charges plus 30 cents per transaction. Please refer to Stripe inc for their merchant service fees as they may change. 

 

The Company shall retain a $1 service fee from each ticket purchased from the guest. This $1 guest service fee will be charged to the guest in addition to the ticket price set by the host. CozmicGo receives 100% of the guest service fee.  

 

CozmicGo reserves the right to change the Service Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change. You are responsible for paying any Service Fees that you owe to CozmicGo. The applicable Service Fees (including any applicable Taxes) are collected by CozmicGo . CozmicGo  will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by CozmicGo . Except as otherwise provided on the CozmicGo Platform, Service Fees are non-refundable.

 

Guests must register for Experiences via the Site.  No Experience  shall be conducted without the prior registration of each Guest.  Drop-in Guests must register and pay for an Experience  via the Site before being permitted to participate.  Host shall not accept payment for an Experience outside the Site. 

 

Terms specific for Guests

Terms applicable to all bookings

 

Subject to meeting any requirements (such as completing any verification processes) set by CozmicGo and/or the Host, you can book a Listing available on the CozmicGo Platform by following the respective booking process. All applicable fees, including the Listing Fee, Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your CozmicGo Account.

 

Upon receipt of a booking confirmation from CozmicGo, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. CozmicGo  will collect the Total Fees at the time of the booking request.

 

If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

 

Financial Terms for Guests

You authorize CozmicGo  to charge your Payment Method the Total Fees for any booking requested in connection with your CozmicGo Account. CozmicGo  will collect the Total Fees in the manner agreed between you and CozmicGo  via the CozmicGo Platform. CozmicGo will generally collect the Total Fees directly after the event is booked. 

 

You authorize CozmicGo  to perform the Payment Method verifications and to charge your Payment Method for any bookings made in connection with your CozmicGo Account. You hereby authorize CozmicGo  to collect any amounts due,by charging the Payment Method provided at checkout, either directly by CozmicGo  or indirectly, via a

7.19. Exhibits. All exhibits and schedules to this Agreement as referenced in any portion hereof are hereby incorporated by this reference, as though fully set forth in the body of this Agreement. 

7.20. Time. Time is agreed to be of the essence with respect to this Agreement. 

7.21. Additional Instruments; Agreement to Perform Necessary Acts. The parties shall execute such other instruments and documents as are or may become necessary or convenient to carry out the intent and purposes of this Agreement. Host agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. 

7.22. Force Majeure. Neither party shall be liable to the other for failure to perform any of the services, duties or obligations (other than for delay in the payment of money due and payable hereunder) required of such party herein in the event of acts of God, war, acts of war, terrorism, revolution, civil commotion, riots, acts of public enemies, blockage or embargo, delays of carriers, car shortage, fire, explosion, breakdown of equipment, strike, lockout, labor dispute, casualty or accident, earthquake, epidemic, flood, cyclone, tornado, hurricane or other windstorm, delays of vendors or other contingencies interfering with production or with customary or usual means of transportation, or by reason of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any governmental authority, local, state or federal, including court orders, judgments or decrees, or any other cause whatsoever, whether similar or dissimilar to those above affected over which such party has no control. The party affected by an event of the sort enumerated in or contemplated by this Section may suspend performance of this Assignment for a period of time equal to the duration of the event excusing such performance. 

7.23. Independent Host Acknowledgment. Host acknowledges that Host has had the opportunity to consult legal counsel in regard to this Agreement, that Host has read and understand this Agreement, that Host is fully aware of its legal effect, and that Host has entered into it freely and voluntarily, based on Host's own judgment and not on any representations or promises other than those contained in this Agreement.

 

Your Acceptance of these Terms and Conditions.

 

By booking your Experience, participating in an experience or event with us or using the Site, you are agreeing to be bound by the terms of this Agreement of this Agreement above and any additional terms and conditions of any Host that are applicable to your booking, Experience  arrangements or use of any content from the Site. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your booking reservation, (b) your forfeiture of any monies paid for your booking reservation, (c) you being denied access to the applicable Experience , and (d) our right to debit your account for any reasonable costs we incur as a result of such violation.

 

Schedule 1 

 

Services – Scope of Work: 

Host shall be solely responsible for organizing, preparing for, and leading Guests on various Experiences, which will be posted on the Company's Site. The Company has no obligation to promote any Experience appearing on the Site.

 

In connection with performance of the Services, Company requires that the following items will be completed:   

 

At all times, Host shall abide by the Community Guidelines (the "Community Guidelines") prepared by the Company, as amended from time to time.  The terms and conditions contained in the Community Guidelines are hereby incorporated by reference into this Agreement.  In the event of any conflict between this Agreement and the Community Guidelines, the terms of this Agreement shall govern.   

 

Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services.

 

When your experience is booked by a Guest, you “Host” are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

 

CozmicGo recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while participating in your Experience, Event or other Host Service

 

CozmicGo may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the CozmicGo Platform. CozmicGo reserves the right to change the Service Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

 

The Host shall set the price for each Experience.  The Company shall retain a service fee from each completed Experience. The service fee collected from CozmicGo is 10%. In addition, Our third party payment processor Stripe inc retains a payment processing fee of 2.9% of the total booked charges plus 30 cents per transaction. Please refer to Stripe inc for their merchant service fees as they may change. 

 

The Company shall retain a $1 service fee from each ticket purchased from the guest. This $1 guest service fee will be charged to the guest in addition to the ticket price set by the host. CozmicGo receives 100% of the guest service fee.  

 

CozmicGo reserves the right to change the Service Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change. You are responsible for paying any Service Fees that you owe to CozmicGo. The applicable Service Fees (including any applicable Taxes) are collected by CozmicGo . CozmicGo  will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by CozmicGo . Except as otherwise provided on the CozmicGo Platform, Service Fees are non-refundable.

 

Guests must register for Experiences via the Site.  No Experience  shall be conducted without the prior registration of each Guest.  Drop-in Guests must register and pay for an Experience  via the Site before being permitted to participate.  Host shall not accept payment for an Experience outside the Site. 

 

Terms specific for Guests

Terms applicable to all bookings

 

Subject to meeting any requirements (such as completing any verification processes) set by CozmicGo and/or the Host, you can book a Listing available on the CozmicGo Platform by following the respective booking process. All applicable fees, including the Listing Fee, Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your CozmicGo Account.

 

Upon receipt of a booking confirmation from CozmicGo, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. CozmicGo  will collect the Total Fees at the time of the booking request.

 

If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

 

Financial Terms for Guests

You authorize CozmicGo  to charge your Payment Method the Total Fees for any booking requested in connection with your CozmicGo Account. CozmicGo  will collect the Total Fees in the manner agreed between you and CozmicGo  via the CozmicGo Platform. CozmicGo will generally collect the Total Fees directly after the event is booked. 

 

You authorize CozmicGo  to perform the Payment Method verifications and to charge your Payment Method for any bookings made in connection with your CozmicGo Account. You hereby authorize CozmicGo  to collect any amounts due,by charging the Payment Method provided at checkout, either directly by CozmicGo  or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the CozmicGo Platform (such as gift cards).

 

 

Each Providing Member agrees that payment made by a Purchasing Member through CozmicGo , shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that CozmicGo  may refund the Purchasing Member in accordance with the CozmicGo Terms. Each Providing Member understands that CozmicGo ’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. CozmicGo  guarantees payments to Providing Members only for such amounts that have been successfully received by CozmicGo  from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, CozmicGo  assumes no liability for any acts or omissions of the Providing Member.

 

Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that CozmicGo  is not a party to the agreement between you and the Providing Member, CozmicGo  acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to CozmicGo , your payment obligation to the Providing Member for the agreed upon amount is extinguished, and CozmicGo  is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute CozmicGo ’ agreement with the Purchasing Member. In the event that CozmicGo  does not remit any such amounts, the Providing Member will have recourse only against CozmicGo  and not the Purchasing Member directly.

 

Compensation, Payment Terms. 

CozmicGo  may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. CozmicGo  will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

 

The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. CozmicGo  is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by CozmicGo  of such Third-Party Services.

 

Modification of these Payments Terms

CozmicGo  reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the CozmicGo Platform and update the “Last Updated” date at the top of these Payments Terms. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

 

You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

 

We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize CozmicGo  to screen you against third party databases or other sources and request reports from service providers. CozmicGo  reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

 

When you add a Payment Method or Payout Method to your CozmicGo Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to CozmicGo  or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.

 

Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and CozmicGo  is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

 

You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. CozmicGo  is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.