TERMS OF USE

LAST UPDATED: JULY 2025

Calendar Holdings L.L.C. (doing business as "Go Retail Group," "we," or "our") provides its services to you subject to the following notices, terms, and conditions. These Terms of Use apply to the goretailgroup.com website and all affiliated websites and services operated by Calendar Holdings L.L.C., including but not limited to Calendars.com, GoToysAndGames.com, and AtticSalt.com (collectively, the "Sites"), and any future digital platforms, mobile applications, services, tools, or technologies where these Terms of Use are referenced or linked.

Please Note:

BY USING ANY OF OUR SITES OR SERVICES IN ANY WAY — INCLUDING BROWSING, PARTICIPATING IN A PROMOTION, MAKING A PURCHASE, OR USING AUTOMATED TOOLS SUCH AS CRAWLERS, ROBOTS, OR DATA MINING TOOLS — YOU AGREE TO BE BOUND BY THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY.

If you do not agree to these Terms of Use in full, you must immediately stop using our Sites and services.

Affiliated Properties & Brands

Calendar Holdings L.L.C. operates under several brand names, including Go! Retail Group, Calendars.com, Go! Toys and Games, AtticSalt.com, and Go! Toys, Games & Calendars.

We also operate or manage select retail stores and digital platforms under the following brand names or trademarks:

  • Go! Toys, Games & Calendars (primary retail store format)
  • Tiny Headed Kingdom (THK) — operated by Go! Retail Group as the official eCommerce partner for THK plush and merchandise
  • Toys"R"Us — operated under a license agreement for select stand-alone retail locations
  • Kappa Toys — a toy brand owned and operated by Calendar Holdings L.L.C.

Certain older or alternate branding variations may continue to appear in signage or store materials where approved or grandfathered.

References to "we," "our," or "the Company" in these Terms of Use include all affiliated brands, websites, and store formats owned, managed, or licensed by Calendar Holdings L.L.C., unless otherwise stated.

Privacy

Please review our Privacy Policy to understand our information collection and use practices. The Privacy Policy is incorporated into these Terms of Use in its entirety.

Content

All content included on the site, including website design, text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is the owned or licensed property of GoRetailGroup.com or its suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of GoRetailGroup.com and is protected by United States and international copyright laws. GoRetailGroup.com and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

Some content on our site may be drafted or enhanced using artificial intelligence (AI), including product descriptions, category copy, or blog content. All AI-assisted content is reviewed by a human editor before it's published. Learn more about our approach: AI Use Policy.

License and Access

GoRetailGroup.com grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the "USE OF SITE" section of these Terms of Use. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display of the content, images and software on this site is strictly prohibited. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with the permission and supervision of a parent or guardian. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these terms on your behalf and you may only access and use the website with permission from your parent or legal guardian.

Age of Users

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ('Minors') are not permitted to use Calendar Holdings L.L.C. websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 18 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 18 has provided any personal information to or on any of the Calendar Holdings L.L.C. websites, we will remove that information as soon as possible.

Trademarks

"Flip Day" is a trademark of Calendars.com, L.L.C., a subsidiary of Calendar Holdings L.L.C., and used by GoRetailGroup.com by permission. In addition, graphics, logos, page headers, button icons, and scripts included on GoRetailGroup.com are trademarks or trade dress of Calendar Holdings L.L.C. and/or GoRetailGroup.com in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not our, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Calendar Holdings L.L.C. or GoRetailGroup.com. All other trademarks not owned by Calendar Holdings L.L.C. or GoRetailGroup.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoRetailGroup.com.

Use of Site

This site or any portion of this site may not be reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, scraped, crawled or otherwise exploited for any commercial purpose that is not expressly granted by GoRetailGroup.com. GoRetailGroup.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if GoRetailGroup.com believes that customer conduct violates these Terms of Use, applicable law or is harmful to the interests of GoRetailGroup.com and its affiliates. GoRetailGroup.com further reserves the right to pursue any legal action against any user who violates the terms, conditions and notices contained on this site.

As a condition of your use of this Site, you warrant to GoRetailGroup.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. As a condition of your use of this Site, you warrant to GoRetailGroup.com that you will not (and will not assist or encourage any third party to) use the Site in any way or for any purpose that is unlawful or is prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
  • download, copy or transmit any Content for the benefit of any other merchant;
  • use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by GoRetailGroup.com or generally publicly available browsers;
  • frame, mirror or use framing techniques on any part of the Site without GoRetailGroup.com's express prior written consent;
  • make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms of Use;
  • use, deploy, or assist others in using automated scripts, crawlers, bots, spiders, data mining, scraping, or similar tools to access, collect, copy, or extract any content or data from the Site without express prior written permission from GoRetailGroup.com;
  • use any meta tags or any other hidden text utilizing GoRetailGroup.com's name or marks;
  • misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  • use a buying agent to conduct transactions on the Site;
  • conduct fraudulent activities on the Site;
  • violate or attempt to violate the security of the Site;
  • send unsolicited or unauthorized email on behalf of GoRetailGroup.com, including promotions and/or advertising of products or services;
  • tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
  • use the Site or provide any User Content to defame, abuse, harass, stalk, unlawfully track, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
  • harvest or collect personally identifiable information about other users of the Site;
  • restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
  • use the Site to advertise or offer to sell or buy any goods or services without GoRetailGroup.com's express prior written consent;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;
  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  • remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Your Account

You may be required to register with GoRetailGroup.com in order to access certain services or areas of the Site. Your email address and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to GoRetailGroup.com including those set forth in these Terms of Use, GoRetailGroup.com reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification and Termination

GoRetailGroup.com may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. GoRetailGroup.com reserves the right to make changes to these Terms of Use at any time, without prior notice, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.

GoRetailGroup.com reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms of Use, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are, by their nature, intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

User Reviews, Comments, and Submissions

GoRetailGroup.com welcomes your reviews, comments, and other communications (including, without limitation, any content or other data entered into any search fields, chat tools, or other areas of the Site where you can submit content), photos, videos, or any other content that you submit through or to the Site or any content or information you publish through any social media and allow GoRetailGroup.com to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Facebook™, Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms of Use as well as GoRetailGroup.com's Submission Guidelines, which are incorporated into these Terms of Use in their entirety.

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, exploitative, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and GoRetailGroup.com assumes no liability for any User Content submitted by you.

For any User Content you submit, you grant to GoRetailGroup.com a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you.

Mobile Services

GoRetailGroup.com may offer services accessible via mobile devices, including the ability to place orders, receive and reply to messages, and access certain features (collectively, the "Mobile Services"). While GoRetailGroup.com does not charge for these Mobile Services, your carrier's standard messaging, data, and other rates and fees may apply.

Not all Mobile Services are available on all devices or carriers. Downloading, installing, or using certain services may be prohibited or restricted by your carrier. You are responsible for verifying with your carrier whether the Mobile Services are supported and for any applicable charges.

Mobile Terms and Conditions

These terms apply to SMS text messages sent by GoRetailGroup.com. Messages may be one-time or recurring.

  • To opt out: Text "STOP" in response to any message. We will confirm your unsubscription via text, and you will no longer receive messages from that number. To rejoin, you'll need to opt in again.
  • For help: Text "HELP" to the number you received a message from. We'll reply with usage instructions and how to unsubscribe.

We may collect your phone number, carrier, message details, and other information you provide through this service. This data may be used to communicate with you and provide services as described in the subscription you joined. We may use an automatic dialing system to deliver messages.

For privacy-related questions, see our Privacy Policy: https://privacy.goretailgroup.com/privacy-policy

Standard message and data rates may apply. Message volume will vary depending on your subscription. Contact your wireless provider for plan details.

Customer service: Call 1-800-366-3645 with any questions.

Delivery of messages may depend on your carrier and network. Carriers are not liable for delayed or undelivered messages.

Accessibility Statement

GoRetailGroup.com is committed to accessibility, diversity, and inclusion. We strive to ensure everyone has a seamless experience, regardless of ability.

We aim to comply with recognized accessibility standards, including the W3C's WCAG 2.1 guidelines. Whether using assistive technologies like screen readers, magnifiers, voice recognition software, or video captions, we want your experience to be smooth and inclusive.

If you encounter accessibility issues, please reach out to our Customer Service team via our Contact Us page. We welcome feedback and work continuously to improve our accessibility for all.

Transactions

If you choose to purchase a product or service through the Sites (each a "Transaction"), you may be required to provide certain information, including your credit card number, expiration date, billing address, and shipping information. You represent and warrant that you have the legal right to use any payment method submitted in connection with a Transaction. By submitting this information, you authorize GoRetailGroup.com to share it with third parties as needed to complete the Transaction. We may require verification before processing or finalizing any Transaction.

All descriptions, images, references, features, specifications, products, and pricing presented on the Sites are subject to change at any time without notice. Certain measurements and descriptions are approximate and provided for convenience only. The appearance of a product or service on the Sites does not guarantee availability. It is your responsibility to comply with all applicable local, state, federal, and international laws—including minimum age requirements—regarding the receipt, possession, use, and purchase of any item from the Sites. By placing an order, you confirm that your purchase and intended use are lawful. DVDs and similar products sold through the Sites are for private, non-public, in-home use only (where no admission fee is charged) and may not be duplicated.

Limitations on Quantity

GoRetailGroup.com reserves the right to limit quantities on orders placed using the same account, credit card, billing address, or shipping address. We'll notify you if limits are applied.

We also reserve the right to prohibit purchases intended for resale. Resellers are defined as individuals or companies purchasing goods for the purpose of resale rather than personal use.

Color

We strive to display product colors accurately, but due to differences in monitor settings, we can't guarantee that the colors you see will exactly match the actual product.

Availability, Errors, and Inaccuracies

Acknowledging your order simply means we've received it — it doesn't confirm acceptance, shipment, price, or item availability. We do our best to represent products and services accurately, but errors, mispriced items, and delays in updates may occur. We can't guarantee that all information on the Site (or in offsite advertising) is current or complete. GoRetailGroup.com reserves the right to update or correct information at any time without notice. If your order is affected by an error, we'll cancel it and notify you via email.

Promotion Rules

Any sweepstakes, contests, raffles, or other promotions offered through the Site may be governed by separate rules. If you participate in a Promotion, be sure to review the specific rules and our Privacy Policy. In the event of a conflict, Promotion rules override these Terms.

Gift Cards & Certificates

All gift cards, e-gift cards, and certificates are issued from and deemed purchased in the State of Texas. Title and risk of loss pass to the purchaser upon electronic transmission or delivery to a carrier, as applicable.

Digital Downloads

Wallpaper downloads offered by GoRetailGroup.com are for personal, non-commercial use in the U.S. and its territories. All purchases are final and non-refundable. Accessing or using Wallpaper Content may require compatible devices, Internet access, and software updates, and may be impacted by performance limitations.

By accessing Wallpaper Content, you agree:

  • Not to modify, reverse-engineer, or alter the content or associated software;
  • Not to reproduce, share, sell, broadcast, or otherwise use the content in any way that violates copyright law;
  • Not to copy, distribute, or transfer the content beyond the terms set forth.

Wallpaper Content may be sold individually or as a full digital calendar. Pricing and availability are subject to change without notice.

Filtering

In accordance with 47 U.S.C. § 230(d), we inform you that parental control protections (hardware, software, or filtering services) are commercially available to help limit access to content harmful to minors. Visit OnGuardOnline.gov for current providers. We do not endorse any of these products.

To the fullest extent allowed by law, you agree to indemnify and hold harmless GoRetailGroup.com and its affiliates, licensors, officers, employees, and agents from any claim, loss, or expense (including attorneys' fees) related to your use of the Site, your submitted content, or any violation of these Terms.

Risk of Loss

Except as otherwise set forth herein, the risk of loss and title for all items purchased via sites owned and operated by GoRetailGroup.com passes to you upon delivery of the item to the carrier.

Returns

If you are not fully satisfied with your purchase, you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms of Use in its entirety.

Digital Millennium Copyright Act

GoRetailGroup.com's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore any notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to non-compliant notices.

A DMCA notice must:

  • Identify specifically the copyrighted work(s) believed to have been infringed (e.g., "My copyrighted work is the picture that appears at [list location]");
  • Identify the content claimed to be infringing, with information reasonably sufficient to enable us to locate it (e.g., screenshots, URLs);
  • Provide the copyright owner's full contact information (name, address, phone, email);
  • If available, provide the Alleged Infringer's contact info (email preferred);
  • Include this statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
  • Include this statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
  • Be signed;
  • Be sent to:
DMCA Designated Agent
Calendar Holdings L.L.C.
6411 Burleson Rd
Austin, TX 78744
Fax: 512-369-6194
Email: compliance@GoRetailGroup.com

Links to Third Party Sites

GoRetailGroup.com may contain links to other websites and interactive functionality provided by third parties ("Linked Sites"), including social sites and product manufacturer sites. The Linked Sites are not under our control, and GoRetailGroup.com is not responsible for the content of any Linked Site, including any link, update, or change. GoRetailGroup.com does not endorse or make any representations about any Linked Site or any results you may obtain from visiting them.

Before enabling sharing or engaging with third-party functionality, we recommend reviewing the third-party site's terms and privacy policies. Links do not imply endorsement. Sites may link to GoRetailGroup.com with or without our permission, and we reserve the right to block any such links. Your use of third-party sites is at your own risk.

Linking to GoRetailGroup.com

Linking to GoRetailGroup.com from another website ("Linking Site") is only permitted under the following conditions: A Linking Site may link to, but not replicate, GoRetailGroup.com's content. It may not frame or create a border environment around our content, imply endorsement, misrepresent the relationship, provide false info about GoRetailGroup.com products or services, or unlawfully use our trademarks or copyrighted materials. All Linking Sites must comply with applicable laws.

Limitation of Liability

THIS SITE IS PROVIDED BY GoRetailGroup.com ON AN "AS IS" BASIS. GoRetailGroup.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GoRetailGroup.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GoRetailGroup.com OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE.

To the fullest extent permitted by applicable law, GoRetailGroup.com's total liability for any claim arising out of or relating to these Terms of Use, the Site, or any product or service purchased via the Site shall not exceed the amount paid by the user for the specific product or service giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

Jurisdictional Issues

The Site is controlled and operated by GoRetailGroup.com from the United States, and is not intended to subject GoRetailGroup.com to the laws or jurisdiction of any state, country or territory other than that of the United States. GoRetailGroup.com does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Indemnifications and Defense

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless GoRetailGroup.com and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that, if true, would constitute a breach by you of these Terms of Use.

Notices and Electronic Communications

Except as explicitly stated otherwise, any notices you send to GoRetailGroup.com shall be sent by mail to: Legal Affairs, Calendar Holdings L.L.C., 6411 Burleson Rd, Austin, TX 78744. In the case of notices GoRetailGroup.com sends to you, you consent to receive notices and other communications by GoRetailGroup.com posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your account. You agree that all agreements, notices, disclosures, and other communications that GoRetailGroup.com provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

California Privacy Rights

California residents have specific rights regarding their personal information under the California Consumer Privacy Act (CCPA) and other California privacy laws. For detailed information on your rights, including how to request access to, delete, or opt-out of the sale of your personal information, please review our Privacy Policy [https://privacy.goretailgroup.com/#california-privacy-notice]. If you have any questions or requests concerning your California privacy rights, you may contact us at:

GoRetailGroup.com – California Privacy Rights
Legal Department
6411 Burleson Road
Austin, TX 78744

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to compliance@GoRetailGroup.com. You may also contact us by writing to GoRetailGroup.com, Legal Department, 6411 Burleson Road, Austin, TX 78744, or by calling us at (800) 366-3645. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Disputes – Arbitration Agreement

Please read this carefully. It affects your legal rights. Any dispute of any kind between GoRetailGroup.com and you, including but not limited to any claim relating in any way to any advertisements, pricing, products, or services sold or distributed by GoRetailGroup.com, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You acknowledge that use of this Site and/or purchase of any products or services from or through GoRetailGroup.com constitutes a transaction in interstate commerce. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. This arbitration agreement survives termination of these Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Use, and will be administered by the AAA.

Initiating Arbitration

To initiate arbitration, you must send a written notice ("Notice"), by first class or certified mail to GoRetailGroup.com Legal Department, 6411 Burleson Road, Austin, TX 78744. If GoRetailGroup.com intends to seek arbitration, GoRetailGroup.com will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such a copy to GoRetailGroup.com at the address above, and GoRetailGroup.com will send such a copy to the current billing address on your account or to your attorney, if you have retained one.

Fees

For claims of $75,000 (US Dollars) or less, you will pay the filing fee specified in the AAA Consumer Arbitration Rules. GoRetailGroup.com will pay any additional required filing fees, and all administration and arbitrator fees (collectively, "Arbitration Fees") unless the arbitrator determines that your claim is frivolous. For claims over $75,000 (US Dollars), payment of the AAA filing fee and Arbitration Fees will be governed by the AAA Consumer Arbitration Rules.

Location & Procedure

If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties' right to a hearing will be determined in accordance with the AAA Consumer Arbitration Rules.

Arbitrator's Decision

The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. GoRetailGroup.com waives its right to seek attorneys' fees and costs in arbitration.

Class Action Waiver

YOU AND GoRetailGroup.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP, OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.

Further, unless both you and GoRetailGroup.com agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding.

Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notice to GoRetailGroup.com's Legal Department at 6411 Burleson Road, Austin, TX 78744.

Jurisdiction

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Exclusive jurisdiction and venue for any such action will be in the state and federal courts located in Travis County, Texas. These Terms of Use will be governed by Texas law, exclusive of any choice of law rules, except for the arbitration agreement, which is governed by the Federal Arbitration Act.

Additional Terms & Conditions

In addition to the policies and guidelines located throughout the GoRetailGroup.com Site, the following policies are incorporated into the Terms of Use:

  • Return Policy
  • Privacy Policy
  • Submission Guidelines

Miscellaneous

These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and GoRetailGroup.com with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Our Address

If you have any concerns about GoRetailGroup.com or your use of the Site, please contact us with a detailed description, and we will try to resolve it.

GoRetailGroup.com, L.L.C.
6411 Burleson Road
Austin, Texas 78744
U.S.A.