Terms of Use 

These Website Terms of Use (or "Website Terms"), together with the Goalry Privacy Statement, govern your use of our site(s). We may change these Website Terms from time to time. You accept these Website Terms when accessing the Goalry site, or when you use any of the products or services (collectively the "Site"). Please read these Terms and our Privacy Statement carefully. If you do not agree with these Website Terms you may not use the Site. We reserve the right, in our sole discretion, to change, modify, or otherwise alter these Website Terms at any time by posting the new Website Terms. Your continued use of the Site means you accept the new Website Terms.

THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS FROM AND TO YOUR BANK ACCOUNT (AS DEFINED BELOW) VIA THE AUTOMATED CLEARINGHOUSE NETWORK ("ACH") OR CHARGES TO DESIGNATED PAYMENT CARD.

Goalry Membership Agreement

This Goalry Membership Agreement (also referred to here as "Membership Agreement" or "Agreement") applies to your use of the Goalry Site, Finance Stores, Products and Services (collectively the "Site"). The term " Finance Stores " includes any of the eight Goalry branded finance stores to manage your financial goals that we offer, as well as any related products that we make available to members. The term "Services" includes other functionality such as the ability to shop loans, budget better, and build wealth. In some cases, a third-party that is working on our behalf or other third party may provide additional Services.

The Membership Term is the amount of time for which you have full rights to use the Site. The Membership Term is generally either one (1) Monthly/30 days (2) Yearly/365 days, depending on your choice at the time of purchase. When you register for your Membership your Membership term starts at the time of purchase. Your Goalry membership will continue and automatically renew after the end of each paid Membership term unless you or we terminate this Agreement. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method. (see “Cancellation Policy” below).

Goalry Membership Subscription Billing Agreement

Goalry offers its Membership subscription on both a monthly and annual paid subscription basis.

Goalry Payments and Subscriptions. By subscribing to the Goalry Membership Subscription you agree that Goalry will charge or debit your provided payment method the monthly or annually subscription fee (the “Goalry Membership Subscription Fee”), depending on your choice at the time of registration. You must pay via a method acceptable to us, which may include either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House), or as charges to your designated account (in the case of credit card or debit card) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If your payment or registration information is not accurate, current, and complete, we may suspend or terminate all licenses and refuse any further use of Products and Services. You agree that all Membership subscriptions are recurring and renew automatically. For both monthly and annual Memberships, upon the end of your Membership term we automatically renew your periodic subscription at the then-current rates, unless you cancel or we terminate your Membership subscription. If we are unable to charge your card or debit your account, we may attempt again until successful.

30-Day Free. This offer (the "30-Days Free Trial Offer"), entitles you for a period of thirty (30) days from the day that you register for your Membership and activate such trial period by submitting your payment details (the “Free Trial Period”). By first choosing your subscription plan and submitting your payment details, you accept the 30-Days Free Trial Offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to the Goalry Terms of Use. If you decide that you do not want to become a paying Member of the Goalry Site upon the lapse of the Free Trial Period, you have to cancel your service (instructions to cancel can be found in the “Cancellation Policy” section below) at least one (1) day before the end of the Free Trial Period. You may only use this 30-Days Free Trial Offer once. Goalry reserves the right, in its absolute discretion, to withdraw or to modify this 30-Days Free Trial Offer and/or the Goalry Terms of Use at any time without prior notice and with no liability.

Cancellation Policy.

Member acknowledges that all subscription fees are charged automatically on a recurring basis unless you or we terminate this Agreement (both monthly and annual plans). The Member may cancel their subscription by logging into their Goalry profile and going to “View all plans”, at the bottom of the page click “Cancel & Delete”, this will trigger a prompt confirming your decision to delete your account, triggering a final authentication prompt requesting you to enter password, followed by an account deletion confirmation. A confirmation email receipt is sent to the Member with the expiration date of the subscription. Please keep in mind that you are solely responsible for properly canceling your account before or on the payment due date. However, you can also contact our customer service if you are having difficulty or need help.

Refunds.

All Goalry subscriptions may provide a refund request up to 7-days from an initial signup date (submit refund request by calling (800) 949-1705. After 7 days, the chose

n subscription plan monthly or annual basis is non-refundable; no refunds will be issued. Goalry does not offer prorated refunds for canceled subscription plans. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Your consent to use electronic signatures and communications

Disclosure and Consent to Use Electronic Signatures and Communications. At the time you register and during your Membership subscription, and in some cases for a period of time after termination of your Membership subscription, we will provide you with notices, change in terms updates, periodic statements, disclosures, account records and other communications, as applicable for the specific services and/or accounts (collectively “Communications”).

Your Consent. To the extent permitted by applicable law, you agree that we may use information obtained in connection with the Products and Services to communicate with you. If you provide a mobile number, we may communicate by voice or text messages to that number, and you are responsible for all charges incurred. You grant us and our Third-Party Partners permission to use information about you and your experience to help us to provide the Products and Services, or to enhance the Products and Services.

There may be times that we contact you to promote other services, products, or promotions offered by us or our Third-Party Partners, or affiliates. All such communications will comply with the Goalry Privacy Statement and with applicable law. You will be given a chance to opt out of promotional communications from us.

Even if you opt out of promotional communications you will still receive required information about your account (such as account status information), communication you explicitly or implicitly opted to receive in the course of using the Product or Service (such as data based notifications or alerts sent via email or mobile devices), or other non-promotional communications delivered via email or in the Products (such as notifications of critical updates or usage reminders or help content).

In some cases we are required by law to send you certain communications. You agree that we may use any method that we consider reasonable to send you these communications. If legally permitted, we may send such communications by email, SMS text message, or by posting on our website.

Feedback and Your Communications to Us. You may be able to contact us to provide feedback, suggestions, ideas, or opinions (collectively "Feedback"). You agree that if you submit Feedback or other ideas of any type, Goalry may use them in any way, without compensating you, including in future modifications of Products and Services, in other Products or Services, in advertising or marketing materials, or in any other way we choose. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use these items in any way and without prior approval, and you hereby waive all of your moral rights in your Feedback in favor of us, our Third-Party Partners, and our affiliates.

Representations. By proceeding to register or continuing to use the Site or services, you represent that: (1) you have read, understand and agree with the terms of this consent to use electronic signatures and to receive Communications electronically; (2) you have access to hardware and software that meets the minimum requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at help@goalry.com. If you withdraw your consent to receive Communications electronically, we will terminate your Goalry Membership. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

Your Contact Information. To ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website or the Application. All communications that we provide to you in electronic form will be provided either (1) via email, or (2) via the Application’s online account center.

Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically for your records. If your Membership is terminated or cancelled, you may no longer have access to these Communications via the Site.

Minimum Hardware and Software Requirements. To access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or iOS and is capable of supporting these requirements; (3) a connection to the internet; (4) a Current Version of Internet Explorer, Mozilla Firefox, Safari, or Chrome (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; and, (6) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. "Current Version" means a version of the software that is currently being supported by its publisher.

Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions for provision of electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating this Disclosure and Consent on the Site or delivering notice of such termination or change to you electronically or by mail.

Your authorization for ACH debits and credits

Your authorization for ACH debits By agreeing to these Terms, you authorize Goalry to electronically debit you Bank Account via ACH (and, if ever applicable, to electronically credit you Bank Account to correct erroneous debits) as follows:

·         Amount of Debits: Membership Subscription Fees

·         Frequency of Debits: either one (1) Monthly/30 days (2) Yearly/365 days, depending on your choice at the time of purchase

You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Goalry that you wish to revoke this authorization by emailing help@goalry.com, with the subject line “Revoke ACH Authorization”. You must notify Goalry at least three Business Days before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. If we do not receive notice at least three Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we will terminate your Goalry Membership, and you will no longer be able to use services of the Site. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.

Account Verification. Once you submit your banking information, we will send you two test deposits that range between $0.01 and $0.99. We use these deposits to verify our connection to your bank. Once your account has been verified you will receive a confirmation.

License and Site Access. We grant you a limited license to access and make personal use of the Site. No other rights are granted. You may not download (other than page caching), copy, or modify any portion of the Site unless we give consent in writing. The following things are all prohibited: (a) resale or transfer or commercial use of the Site or its contents, (b) any derivative use of this Site or its contents, or (c) any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store, distribute, transmit, display, reproduce, modify, create derivative works from, or sell or otherwise exploit, any of the content on this Site for any commercial purpose. By using the Site, you warrant that you will not use the Site, or any of the content obtained from the Site, for any unlawful or prohibited purpose. We do not grant any license or other authorization to any trademarks, service marks, copyrightable material, or other intellectual property, whether or not registered or identified as such. You may not remove or modify any copyright or proprietary notices. If you violate any of these Website Terms, your permission to use the Site automatically terminates.

Electronic Communications. When you visit the Site, send us email, or provide Feedback (as defined in the Goalry Membership Agreement), you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by SMS text messages, email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that a communication be in writing.

Conduct. You agree that you will not do any of the following:

·         Restrict or inhibit any other user from using and enjoying the Site.

·         Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation content that promotes or would result in criminal offense, give rise to civil liability, or otherwise violate any local, state, or national law. You will not post or transmit any content that would impersonate someone else or falsely represent your identity or qualifications, or that would cause a breach of any individual's privacy.

·         Post or transmit any advertisements, solicitations, chain letters, investment opportunities, other schemes, or any unsolicited commercial communication. You agree not to engage in spamming or flooding.

·         Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component.

·         Post, publish, transmit, reproduce, distribute, or in any way exploit (a) any information, or other material obtained through the Site for commercial purposes, or (b) any information, widget, or other material which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.

Site Monitoring. We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to operate the Site or Services properly; or to protect us or our members. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion are unacceptable, undesirable, inappropriate, or in violation of these Website Terms.

Feedback. We may provide you with a mechanism to provide feedback, as defined in the Goalry Membership Agreement, in connection with the Site. You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications of the Site, multimedia works, advertising and promotional materials, or development of Products and Services. You agree not to submit any Feedback that you do not have rights in, such as copyrighted material belonging to a third a party. You hereby grant us a perpetual, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback and any derivations in any manner and for any purpose, and you hereby waive all of your moral rights in your Feedback in favor of us, our Third-Party Partners, and our affiliates.

Third-Party Products and Services. In connection with your use of the Site, you may be made aware of Products, Services, or other offers and promotions from third parties. You are responsible for reviewing and understanding the terms and conditions governing any such third-party offerings. You agree that the third party, and not Goalry, shall be solely responsible for all such Products, Services, offers, and promotions. Additional terms regarding Third-Party Products and Services are contained in the Goalry Membership Agreement, below.

Social Community. We include a Social Community and other social features to permit members to share goals, accomplishments, experiences (as defined in the Goalry Membership Agreement) and information. We do not monitor and are not responsible for the content in the Social Community. Please use respect when you interact with other users. Additional terms may apply.

Disclaimer of Warranties. YOUR USE OF THE SITE, INCLUDING ANY WIDGETS, AND CONTENT CONTAINED THEREIN, IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS AND THIRD-PARTY PARTNERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. WE DO NOT WARRANT THAT THE SITE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY SITE CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE OUR AFFILIATES AND THIRD-PARTY PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES OR LOSS, CORRUPTION, FAILURE OF SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF GOALRY, OUR AFFILIATES AND THIRD-PARTY PARTNERS FOR ANY AND ALL CLAIMS ARISING HEREUNDER SHALL BE THE AMOUNT YOU PAID TO GOALRY FOR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOALRY AND YOU. GOALRY WOULD NOT HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.

Termination and Amendment. Your privilege to use or access the Site may be terminated immediately and without notice if you fail to comply with any term or condition of the Website Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that we reserve the right to take action — technical, legal or otherwise — to block, nullify, or deny your ability to access the Site. You understand that we may exercise this right in our sole discretion.

We reserve the right, in our sole discretion, at any time and from time to time to change, modify, or discontinue, either temporarily or permanently, the Site (or any part thereof). We shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

You agree to defend, indemnify and hold us and our affiliates and Third-Party Partners harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software, or other materials through the Site by you or users of your account, or related to any violation of these Website Terms by you or users of your account.

Miscellaneous. These Website Terms are a complete statement of the agreement between you Goalry and our affiliates and set forth the entire liability of us and our Third-Party Partners and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Website Terms of Use and the Privacy Statement, the Privacy Statement shall prevail as to matters specifically stated therein. Our Third-Party Partners, agents, and employees are not authorized to make any representations, commitments, or warranties different from stated here. If any provision of these Website Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and the remaining provisions will continue in full force and effect. The Website Terms will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The section below in the Membership Agreement entitled "Governing Law; Dispute Resolution" shall apply to any dispute whether in contract, tort, or otherwise arising from or in any way related to the Website Terms, regardless of membership status. These Website Terms do not limit any rights that we may have under trade secret, copyright, patent or other laws.

Your Right to the Goalry Site and Services. Your paid Membership subscription plan gives full rights to use the Site. The “Free of Charge” plan offers limited/less functionality than the purchased “Monthly” and “Yearly” subscription plans. Full information on the features available for each Membership plan is available at www.Goalry.com.

You acknowledge that the Products and Services are licensed and not sold. So long as you comply with the terms of this Membership Agreement and any other applicable terms and conditions, you are granted a personal, limited, nonexclusive, nontransferable, revocable license to use the Products and Services during the Membership Term.

When you use the Products or Services you agree to:

·         Provide true, accurate, current, and complete information about yourself as prompted by the registration form. You must maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse access to the Products or Services.

·         Create, manage, and keep your Goalry log-in Credentials (username and password) secure. You agree that you are solely responsible for keeping your Goalry Credentials safe and secure, and preventing unauthorized access to your Credentials and your Goalry account. It is assumed that any communications received through use of your Goalry Credentials were sent or authorized by you. If your Credentials are compromised for any reason, you must change your password. In addition, you must notify us if you become aware of any unauthorized access to your account. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE SECURITY OF YOUR CREDENTIALS.

·         Prevent unauthorized access to your account(s). You must contact us immediately if you become aware that a third party has accessed any account that you maintain using a Product or Service. NEITHER WE NOR OUR THIRD-PARTY PARTNERS ARE RESPONSIBLE FOR UNAUTHORIZED ACCESS THAT OCCURS AS A RESULT OF FAILURE TO SAFEGUARD YOUR CREDENTIALS OR FOLLOW ANY OTHER REQUIREMENTS IN THIS AGREEMENT.

·         Allow us or our Third-Party Partners to store and process your Content. In order to provide full Product and Service functionality, we must have access to the Content that you enter or process using a Product or Service. You grant us, our Third-Party Partners, and each of our affiliate’s permission to collect, send, receive, process, store, alter, and create new information based on your Content, Credentials, and other information. You further grant us and our Third-Party Partners permission to use information about you and your experience to provide the Products and Services, or to enhance the Products and Services. In addition, you agree that we, or our Third-Party Partners (when working on our behalf), or the Third-Party Products and Services as defined below, may (but are not obligated to) monitor your Content and record your transactions and actions while using our Products & Services. You agree that we may disclose any information that we obtain in this manner if necessary to satisfy our legal obligations, to protect us, or to prevent harm or fraud against customers or third parties. We or our Third-Party Partners may, in our sole discretion, refuse to process, remove, or refuse to allow any Content that we think is illegal, inappropriate, or in violation of this Goalry Membership Agreement or other applicable terms. You hereby waive any of your moral rights in any of your Content, Credentials, and other information in favor of us, our Third-Party Partners and each of our affiliates.

·         Accept updates. The Products and Services may be periodically updated or changed for a variety of reasons (including security). Many of these updates will be invisible to you, but some may require some action on your part. Updates may add, remove, or alter Product and Service functionality or features. You agree to receive these updates and take any actions that are required to continue to use the Products and Services.

Things You May Not Do. You agree that you will not do any of the following:

·         Use, nor permit any third party to use, the Product or Services in a manner that violates any law, regulation, this Goalry Membership Agreement, or any other applicable terms and conditions. You will not remove or modify any copyright or proprietary notices.

·         Give, sell, loan, or distribute the Products or Services to any third party, or attempt to transfer your license to any other party. You will not attempt or help anybody else to gain unauthorized access to the Products and Services or related systems.

·         Reproduce, duplicate, modify, copy, deconstruct, disassemble, decompile, reverse engineer, or prepare derivative works based on the Products or Services. You may make a reasonable number of backup copies. You may not develop software or apps to interface with the Products and Services without contacting us first.

·         Permit any third party to benefit from the use or functionality of the Products and Services, or offer them on any file-sharing or application hosting service.

You Are Responsible for Your Content. Neither we nor our Third-Party Partners assume any responsibility or liability for any aspect of your Content. You agree that you will not upload, process, share, or link to any of the following:

·         Content that is illegal, fraudulent, inappropriate, or objectionable, or that creates criminal or civil liability under any law.

·         A virus, Trojan horse, worm, or other disruptive or harmful software or data. You are responsible for periodically checking your Content and other data (including any Content or data that have been uploaded, downloaded, sent to, or received from Third-Party Products and Services) for such items.

·         Any information, software, or Content which is not legally yours without permission from the copyright owner or intellectual property rights owner.

Goalry Has Certain Rights, Including the Right to Make Changes. The Products and Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the limited license described in this Agreement. We and our Third-Party Partners reserve all other rights not specifically granted to you. This includes all ownership and license rights relating to a Product or Service.

We reserve the right to change this Agreement at any time, and the changes will be effective when posted on our website or when we notify you by other means. Your continued use of a Product or Service following notice indicates your agreement to the changes.

We May Communicate with You. You agree that we may use information obtained in connection with the Products and Services to communicate with you. If you provide a mobile number, we may communicate by voice or text messages to that number, and you are responsible for all charges incurred. You grant us and our Third-Party Partners permission to use information about you and your experience to help us to provide the Products and Services, or to enhance the Products and Services.

There may be times that we contact you to promote other services, products, or promotions offered by us or our Third-Party Partners, or affiliates. All such communications will comply with the Goalry Privacy Statement and with applicable law. You will be given a chance to opt out of promotional communications from us.

Even if you opt out of promotional communications you will still receive required information about your account (such as account status information), communication you explicitly or implicitly opted to receive in the course of using the Product or Service (such as data based notifications or alerts sent via email or mobile devices), or other non-promotional communications delivered via email or in the Products (such as notifications of critical updates or usage reminders or help content).

In some cases we are required by law to send you certain communications. You agree that we may use any method that we consider reasonable to send you these communications. If legally permitted, we may send such communications by email, SMS text message, or by posting on our website.

Feedback and Your Communications to Us. You may be able to contact us to provide feedback, suggestions, ideas, or opinions (collectively "Feedback"). You agree that if you submit Feedback or other ideas of any type, Goalry may use them in any way, without compensating you, including in future modifications of Products and Services, in other Products or Services, in advertising or marketing materials, or in any other way we choose. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use these items in any way and without prior approval, and you hereby waive all of your moral rights in your Feedback in favor of us, our Third-Party Partners, and our affiliates.

We Do Not Provide Professional Advice. We never give legal, financial, accounting, tax, investment, healthcare, real estate, or other professional services or advice. In some cases we or a Third-Party Partner may make available prefilled forms or documents or other information as part of a Product or Service. You agree that these things are provided solely as a convenience and for informational purposes. Regardless of how these items are described at the time they are offered, you agree to seek the services of a competent professional when you need this type of help, and you will not rely on these items in any material transaction or decision.

Third-Party Products and Services. Some Products and Services have functionality that is provided by our Third-Party Partners. All of these things are called Third-Party Products or Third-Party Services, or Third-Party Products and Services collectively.

The following provisions apply to your use of Third-Party Products and Services:

·         You must accept and comply with any applicable terms and conditions. You may be required to accept different or additional terms and conditions from our Third-Party Partners and third-party providers, even where the Products or Services are delivered to you via the interface with our Products. These different terms and conditions may include privacy, use of data or Content (all such terms collectively the "Third-Party Terms"). You agree to comply with all Third-Party Terms and any requirements imposed by third-party providers (including our Third-Party Partners). Third-Party Terms may be updated without notice from time to time, and you agree to check periodically to be sure you have reviewed (and are in compliance with) any updates.

·         We may add or remove Third-Party Products and Services in our discretion. You are generally not required to accept Third-Party Products and Service, but you may only choose from available offerings. These offerings may change from time to time as we identify new Third-Party Products and Services that we think you may like, or as we determine that older ones are no longer useful.

·         You are responsible for your relationship with third parties, including our Third-Party Partners. If you decide to use or access any Third-Party Products and Services, you acknowledge and agree that: (a) you are responsible for your relationship with the Third-Party Products and Service provider, (b) unless we notify you otherwise, you are solely responsible for payment(s) of any applicable charges or fees, and (c) you will not use the Third-Party Products and Services in a manner that infringes or violates the rights of us or any other third party, or for any criminal, fraudulent, or other unlawful activity. Except for Third-Party Products and Services that we offer to you directly as part of our Products and Services, we are not affiliated with and do not control any Third-Party Products and Services. In no case do we endorse any Third-Party Products and Services. If you choose to send your Content or other data from within our Products and Services to the providers of Third-Party Products and Services, such data may be transferred to another country where privacy and security controls are less strict. We do not assure the safety or security of any such Content or other data.

·         To the maximum allowable extent, we are not responsible for Third-Party Products and Services.  YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE THIRD-PARTY PRODUCTS AND SERVICES, OR ANY DATA CONTAINED OR PROCESSED THEREIN. YOU AGREE THAT ANY AND ALL LIABILITY ARISING OUT OF YOUR USE OF THE THIRD-PARTY PRODUCTS AND SERVICES (IF ANY) IS SOLELY BETWEEN YOU AND THE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY FEES, DAMAGES, CLAIMS, LOSSES, COSTS, EXPENSES, OR LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO THE THIRD-PARTY PRODUCTS AND SERVICES. IN NO CASE WILL YOU SEEK TO HOLD US OR ANY OF OUR LICENSORS RESPONSIBLE IN ANY MANNER FOR THE ACTS OR OMISSIONS OF SUCH PROVIDERS, EVEN IF NEGLIGENT OR INTENTIONALLY WRONGFUL.

Links to Third-Party Sites and Information. We may sometimes link to third-party sites, which may include social media platforms. All such links are provided solely as a convenience, and do not constitute an endorsement or recommendation of any kind. We assume no liability in connection with your use of any such sites. Any Content you post or data that you upload is subject to the terms of use and privacy policies of those sites and platforms. Please refer to those sites to better understand your rights and obligations.

DISCLAIMER. YOUR USE OF THE PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE PRODUCTS AND SERVICES (INCLUDING ANY PRODUCTS AND SERVICES PROVIDED BY A THIRD PARTY) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, AND EACH OF OUR THIRD-PARTY PROVIDERS, SUBCONTRACTORS, OR LICENSORS, (COLLECTIVELY "THIRD-PARTY PARTNERS") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY THAT THE PRODUCTS OR SERVICES ARE FIT FOR A PARTICULAR PURPOSE; ALL WARRANTIES OF TITLE, MERCHANTABILITY, DATA LOSS, OR NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS; AND ANY GUARANTEE OF THE ACCURACY, RELIABILITY, QUALITY, OR CONTENT IN OR LINKED TO THE PRODUCTS OR SERVICES. WE, OUR AFFILIATES, AND OUR THIRD-PARTY PARTNERS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE PRODUCTS AND SERVICES, OR THAT THE PRODUCTS OR SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION OF YOUR COMPUTER SYSTEM OR OTHER DEVICE, OR LOSS OF DATA, RESULTING FROM YOUR USE OF THE PRODUCTS OR SERVICES OR THIRD-PARTY PRODUCTS AND SERVICES. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 30 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS OR SERVICES, WHICHEVER IS SOONER.

WE, OUR AFFILIATES, AND EACH OF OUR THIRD-PARTY PARTNERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS OR SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMIT OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF US, OUR AFFILIATES, AND EACH OF OUR THIRD-PARTY PARTNERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR ANY PRODUCT OR SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, WE, OUR AFFILIATES, AND EACH OF OUR THIRD-PARTY PARTNERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, OR SPYWARE; (C) LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT; OR (D) USE OF THE PRODUCTS AND SERVICES WITH SOFTWARE OR HARDWARE THAT DOES NOT MEET OUR REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF WE AND OUR AFFILIATES AND THIRD-PARTY PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF US, OUR AFFILIATES, AND EACH OF OUR THIRD-PARTY PARTNERS, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCTS AND SERVICES.

You agree to indemnify, defend, and hold us and our affiliates and each of our Third-Party Partners harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Products or Services or breach of this Agreement (collectively referred to as "Claims"). In addition, you agree to indemnify, defend, and hold us and our affiliates harmless from any and all Claims arising out of your use of Third-Party Products and Services. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us or our Third-Party Partners in the defense of any Claims.

Governing Law; Dispute Resolution. YOU AND WE AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION as follows:

ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM US, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against us, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, contractors, successors or assigns of us, as well as the administrator, service agreement administrator, issuer or provider. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The federal arbitration act (9 U.S.C. § 1 et seq.) and not any state law applies to this arbitration agreement.

For claims of $10,000 or less, the party bringing the claim can choose the AAA’s rules for binding arbitration or, alternatively, can bring an individual action in small claims court.

YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.  This means that you may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any claim. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.

If for some reason the prohibition on class arbitrations set forth in Subsection C cannot be enforced, then the agreement to arbitrate will not apply.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.

Termination. You agree that we may immediately, in our sole discretion and without notice, terminate this Agreement or your use of the Products and Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications, or for any other reason. The following provisions of this Agreement shall survive and remain in effect even if the Agreement is terminated, cancelled or rescinded: grant of rights in your feedback and communications, limit of liability and indemnification, governing law and dispute resolution, export control, all provisions pertaining to your credentials and your content, all general provisions, and any other provisions which by their nature are intended to survive.

General Provisions. This Agreement, including external documents referenced herein (including the Website Terms and Goalry Privacy Statement), is the entire agreement between you and us and replaces all prior understandings, communications, and statements regarding its subject matter. If any part of this Agreement is found to be invalid the remainder will be enforced to the maximum possible extent. You cannot assign or transfer this Agreement without our written approval, but we may assign or transfer it without your consent to: (a) an affiliate, (b) another company through a sale of assets or ownership shares, or (c) a successor by merger, acquisition, or divestiture.

 

Please print and retain a copy of this agreement for your records.