Goalcast-Terms of Service

Last modification: June 7th 2019

1. ACCEPTANCE OF TERMS

The present document is an agreement between Goalcast Inc. (“Goalcast”), owner and operator of the inspirational content website, transactional platform or application, as the case may be, accessible notably at the URL address www.goalcast.com (collectively, our “Sites”), and you, a user of our Sites (“User”).

By visiting our Sites and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including Goalcast’s Privacy Policy (the “Policy”).

Please read these Terms of Service carefully before accessing or using our Sites. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of those Terms, then you may not access the Sites or use any Services.

The Site and the Services are only available to Users who can legally conclude contracts, as provided by the applicable laws. By using or accessing the Site, you represent and guarantee that the usage of the Site is not prohibited to you, notably, because of your age.

2. MODIFICATION OF THE TERMS OF SERVICE

2.1. We might change those Terms from time to time. Goalcast reserves the right, at its sole discretion, to update, modify or replace any part of the Terms of Service, from time to time.
2.2. Even if only a few people actually read online terms and conditions, it is your responsibility to check them. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Sites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.

3. USE OF THE SITES

3.1. Our Sites are nice; here is a summary of their functionalities. The Sites offer i) a website with content evolving around tips, motivation and inspiration to help you reach your goals, ii) a transaction platform where you can buy our inspiring products.
3.2. You can access and use our Sites, but only for personal purposes. During the term of this Terms, Goalcast gives you the non-exclusive, non-transferable and limited right to use and access the Sites for licit and personal use, in conformity with the Terms of Service (“Authorized Purposes”). Please ask for our prior approval for any other use of the Sites.
3.3. Obvious things you must not do in connection with our Sites. You may not engage in any of the following prohibited activities:
3.3.1. Using the Site for any other purposes than the Authorized Purposes;
3.3.2. Copying, distributing, or disclosing any part of the Sites on any medium, including, without limitation, by any “web scraping” tools or technique, automated or not;
3.3.3. Using any automated system, including, without limitation, web crawler, or offline readers to access the Sites;
3.3.4. Transmitting, through the Sites, junk mail, letters that are part of a chain or any other form of unsolicited spam mail;
3.3.5. Attempting to interfere with or compromise the system integrity or security, or decipher any transmissions to or from the servers running the Sites;
3.3.6. Taking any action that imposes, or may impose, at Goalcast’s sole discretion, an unreasonable or disproportionately large load on the Sites infrastructure;
3.3.7. Collecting, extracting or gathering information on the Sites that can be used to identify individuals (including usernames);
3.3.8. Impersonating an individual or making false representations with regards to your affiliation with an individual or an entity, commit fraud, or dissimulate or attempting to dissimulate your identity;
3.3.9. Harming the Sites’ proper functioning;
3.3.10. Accessing any content on the Sites through any technology or means other than those provided or authorized by the Sites; or
3.3.11. Circumventing the measures that Goalcast may implement to prevent or limit access to the Sites, including functionalities that prevent or limit usage or copy of the Sites, or that impose limits to the usage of the content of the Sites.

4. YOUR ACCOUNT

4.1. You may create an account for our Sites. Upon creation of an account, you accept to provide Goalcast with truthful and complete information about yourself and shall make the necessary modifications to ensure that the information given always remains accurate.
4.2. You are responsible for keeping your account safe, so that no ill-intentioned person will use it against Goalcast. You are solely responsible for assuring that your password and username remain confidential. You are also solely responsible for any activity arising from your account. You may also be held responsible for losses incurred by Goalcast or by a third party pursuant to usage of your account, username or password by another person. You accept to immediately notify Goalcast of any unauthorised activity arising out of your account, or any other security breach.
4.3. Sadly, not everybody is well-intentioned, and we cannot guaranty we will not get hacked. Goalcast can not guarantee that unauthorized third parties will never circumvent the security measures of the Sites, or that they will not make unlawful use of personally identifiable information that you have provided to Goalcast and that is on the Sites (“Personal Information”). You acknowledge that you are providing Goalcast with your Personal Information at your own risk.
4.4. We may close your account if it is inactive for a year. Goalcast reserves its right to delete any account that has been inactive for a minimal period of one (1) year, as well as any data linked to such account. However, no data shall be deleted without prior notice to the account holder.
4.5. You may close your account at anytime. You may interrupt or close your account on the Sites for any reason, at your sole discretion and without notice, without responsibility towards Goalcast.

5. PURCHASE ORDERS AND SALES

5.1. We have great inspirational products that you can purchase. For any purchase made on the Sites, you must submit a purchase order for Goalcast’s goods and services (“Purchase Order”) via Goalcast’s form, made available to you on the Sites.
5.2. Price, Invoicing and Payments
5.2.1. As much as we want to change the world, you must pay for the merchandise. You shall pay Goalcast’s listed price for each good, as indicated on the Purchase Order.
5.2.2. We will send you an invoice for the goods you bought. Goalcast shall send you access to the invoice for each Purchase Order, and a payment receipt upon reception of a payment for the goods that are the object of the Purchase Order. Goalcast will send or notify you of each invoice or payment receipt in writing at the email address that you provided in the Purchase Order.
5.3. We will deliver the goods as agreed. Goalcast will deliver each order of goods to you by the delivery date and to the location specified in the applicable Purchase Order, using any delivery method the parties agree to in writing.
5.4. Our products are great, but why would you buy 1,000 copies? We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6. PROVISIONS APPLICABLE ONLY TO CUSTOMERS

You may be eligible for additional rights if you are a consumer. Any transaction made by a Consumer (as defined below) on the Sites may be subject to the provisions of Quebec’s Consumer Protection Act, notably with regards to the provisions related to distance contracts (article 54.1 and forward). It is understood that the expression “Consumer” refers to a natural person, except a merchant who obtains goods or services for the purposes of his business

7. PRODUCTS OR SERVICES

7.1. We may change our prices. Prices for our products are subject to change without notice.
7.2. We may change our offers at any point in time. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
7.3. We are not liable if we change or suspend our Service. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7.4. Everybody wants our inspirational products, so we may be short on supplies. Our products may have limited quantities and are subject to return or exchange only according to our Return Policy.
7.5. Colors can be a bit different in real life than on your screen. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
7.6. Even if we want to share our views to the world, we may limit the sales of products. We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
7.7. You cannot go into space with our products. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

8. INTELLECTUAL PROPERTY

8.1. You must have our permission before using our trademarks. All trademarks used by Goalcast to distinguish its own products or services from others, are owned by Goalcast. Goalcast’s trademarks cannot be used, published or exposed without Goalcast’s prior written consent.
8.2. Please, do not copy/paste our content. All original works reproduced or published on the Sites are protected by copyright. The holder of the copyrights of a work reserves all rights attached thereto. You acknowledge that it is a violation for any person to perform, without the consent of the owner of the copyright, any act that, under the applicable laws, only that holder has the right to accomplish.
8.3. User Content.
8.3.1. We may use your Comments. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. By submitting Comments, you grant Goalcast a worldwide, non-exclusive, free of royalties, sub-licensable and transferable licence to accomplish, with regards to the Sites and Goalcast’s activities (as well as its successors and affiliates), any act that under applicable laws, you would have been the only one authorized to perform.
8.3.2. We are not the Comments police. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8.3.3. Be civilized and do not violate another person’s IP. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

9. HYPERLINKS

Third-party websites: not liable. The Sites may contain hyperlinks leading to external websites, which make you leave the Sites (the “External Sites”). You acknowledge and accept that Goalcast is not liable for the availability of these sites, nor for the accuracy of the content, products or services available on these External Sites. The hyperlinks towards External Sites do not imply any approval or endorsement by Goalcast of these External Sites. You assume all risks relating to your use of these External Sites.

10. ERRORS, INACCURACIES AND OMISSIONS

10.1. We are not perfect; we may make mistakes and correct them. Occasionally there may be information on our Sites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
10.2. We may make minor changes to the Sites. We undertake no obligation to update, amend or clarify information in the Service or on the Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Sites, should be taken to indicate that all information in the Service or on the Sites has been modified or updated.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

11.1. No warranty on the Service. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
11.2. No warranty regarding the accuracy. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
11.3. In general, we do not warrant anything. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11.4. Basically, we recognize no liability. In no case shall Goalcast, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. INDEMNIFICATION

If you breach those Terms, you have to deal with any consequences. You agree to indemnify, defend and hold harmless Goalcast and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. BORING GENERAL STUFF

13.1. If there is any problem with this license agreement, we shall use the laws of the province of Quebec. Those Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, without regard to its conflict of laws rules. Your conduct may also be subject to other local, national or state laws.
13.2. There is no other agreement regarding the Terms of Service than those Terms. These Terms of Services and the Policy constitute the entire agreement between you and Goalcast, governs your use of the Sites and supersedes any prior or contemporaneous agreement between you and Goalcast.
13.3. This license agreement has great headings, but they are only for your better understanding. The section headings contained in those Terms of Service are for reference purposes only and shall not affect in any way the meaning or interpretation of those Terms.
13.4. If any provision of this license agreement is unenforceable, everything else will remain in force. Should one or several of the provisions of those Terms or the Policy be declared invalid or inapplicable by a court of competent jurisdiction, this invalidity or inapplicability shall not affect the validity or the applicability of the other provisions of those Terms of Service or the Policy; those Terms of Service or the Policy shall be interpreted as if the invalid or inapplicable provision was never part or the Terms of Service or the Policy.
13.5. You may contact us. Questions about the Terms of Service should be sent to us at info@goalcast.com.