1. Description of Service
Goalmigo is a web service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Goalmigo disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Goalmigo also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. Goalmigo reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use
4. General Practices Regarding Use and Storage
You agree that Goalmigo has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Goalmigo retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of the Service
Goalmigo takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Goalmigo have any obligation to monitor such third-party content. Goalmigo reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Goalmigo also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Goalmigo, its users and the public. Goalmigo will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights
You acknowledge that Goalmigo owns all right, title and interest in and to the Service, including all intellectual property rights (the "Goalmigo Rights"). Goalmigo Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Goalmigo Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service. Goalmigo claims no ownership or control over any Content submitted, posted or displayed by you on or through Goalmigo services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Goalmigo services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Goalmigo services which are intended to be available to the members of the public, you grant Goalmigo a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Goalmigo services for the purpose of displaying and distributing Goalmigo services. Goalmigo furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
7. No Resale of the Service
Unless expressly authorized in writing by Goalmigo, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
8. Representations and Warranties
You represent and warrant that (a) all of the information provided by you to Goalmigo to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
9. Termination; Suspension
Goalmigo may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. This Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
You agree to hold harmless and indemnify Goalmigo, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and Goalmigo and governs your use of the Service, superseding any prior agreements between you and Goalmigo. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Goalmigo services, affiliate services, third-party content or third-party software.
12. Waiver and Severability of Terms
The failure of Goalmigo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
13. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Goalmigo services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Choice of Law; Jurisdiction; Forum
These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Georgia and you consent to the jurisdiction of such courts.
15. Copyright Information
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please contact us immediately using the “Contact Us” section of the website.