Terms Of Service

 

Date of Last Revision: September 7, 2021

Welcome to Goal Five!

Reimagine Football Company (“Goal Five,” “we,” “us,” “our”) provides its e-commerce platform and related products and services (described below) to you through its website located at www.goalfive.com (the “Site”) and through its mobile applications (collectively, such platform, products and services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GOAL FIVE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. 

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://exclusive.goalfive.com/pages/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.

 

Access and Use of the Service

Your Registration Obligations: You may be required to register with Goal Five in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your account information, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Goal Five of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Goal Five will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Goal Five reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or any offered products with or without notice. You agree that Goal five will not be liable to you or to any third party for any such modification, suspension or discontinuance.

General Practices Regarding Use and Storage: You acknowledge that Goal Five may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Goal Five’s servers on your behalf. You agree that Goal five has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Goal five reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Goal Five reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Goal Five and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Goal Five account information to ensure that your messages are not sent to the person that acquires your old number.

 

Condition of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Goal Five. Goal Five reserves the right to investigate and take appropriate legal action against anyone who, in Goal Five’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Goal Five, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Goal Five or its users to any harm or liability of any type;
2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. solicit personal information from anyone under the age of 18;
6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.  

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.  

 

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Goal Five, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Goal Five from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Goal Five, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Goal Five. 

The Goal Five name and logos are trademarks and service marks of Goal Five (collectively the “Goal Five Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Goal Five. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Goal Five Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Goal Five Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Goal Five be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Goal Five does not pre-screen content, but that Goal Five and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Goal Five and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Goal Five, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: From time to time, the Site permits the submission of content, generated by you and other users (“User Content”). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential and non-proprietary. By submitting User Content, you represent and warrant to Goal Five that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Goal Five to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Goal Five's Conditions of Use policy set forth above.

As between you and Goal Five, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Goal Five, you hereby grant to Goal Five a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Goal Five (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Site under these Terms of Use.

Goal Five does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Goal Five reserves the right but is not obligated to monitor User Content or other content sent to or through the Site. Goal Five has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Site if Goal Five determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. Goal Five takes no responsibility for User Content.

Notification of Alleged Copyright Infringement: If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send Goal Five a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
3. Your name, address, telephone number and email address (if available);
4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf;
5. A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to Goal Five’s Copyright Agent by mail or email as set forth below:

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Site are infringing a copyright.

Counter Notification: If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to Goal Five's Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Boston, Massachusetts if your address is outside the United States;
3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
4. Your name, address and telephone number;
5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
6. Your physical or electronic signature.

You may submit your counter notification to Goal Five's Copyright Agent by mail or email as set forth below:

 

Upon receipt of a counter notice, Goal Five’s Copyright Agent may send a copy of it to the original complaining party informing that party that Goal Five may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Goal Five, the removed content may be replaced or access to it restored by Goal Five.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Goal Five has adopted a policy of terminating, in appropriate circumstances and at Goal Five's sole discretion, users who are deemed to be repeat infringers. Goal Five may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Goal Five has no control over such sites and resources and Goal Five is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Goal Five will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Goal Five is not liable for any loss or claim that you may have against any such third party.

 

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Goal Five’s use, storage and disclosure of information related to you and your use of such services within Goal Five (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Goal Five shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Goal Five is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Goal Five is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Goal Five enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

 

Terms of Sale

General: These terms of sale (“Terms of Sale”) are the terms which govern the purchase of the products by you from Goal Five via Goal Five’s Site and Service (“Products”). By placing an order you are offering to purchase the relevant Product on and subject to these Terms of Sale. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. Your order will only be deemed accepted when Goal Five sends you confirmation by e-mail that the Products which you ordered have been dispatched to you (and such acceptance only applies to those Products listed in the Goal Five confirmation e-mail). All Products ordered by you must only be purchased for your personal and non-commercial purposes, and not for any other purpose (such as commercial use).

Delivery: The Products will be delivered within a reasonable time after the receipt of your order, subject to availability of the ordered Products and these Terms of Sale. Goal Five will deliver the Products to the address as indicated by you during the checkout process (the “Delivery Address”) using Goal Five’s standard methods for packaging and shipping such Products. Goal Five may, in its sole discretion ship your Products to you, depending on availability of the Products. The quantity of the Products as recorded by Goal Five on dispatch is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. Goal five is not responsible for any non-delivery of Products unless you give written notice to Goal Five of the non-delivery within two weeks of the date when the Products would in the ordinary course of events have been received.

Cancelling an Order and Returning Products:

If you are not satisfied with your Product, you may return the relevant Product within 30 days of the original purchase date. All return Products must be in new and unused condition (except to the extent the Product was defective when received), in original packaging, and must be returned to Goal Five within 30 days of the original purchase date of the Product. Items marked as “Final Sale” or “Markdown” may not be returned or exchanged. You should pack the Products securely so that they are not damaged during shipping – Goal Five is not responsible for lost or damaged Products in transit. After Goal Five has received your returned Product, if the Product is returned because it is defective or because the wrong Product was sent to you, Goal Five will, at its option and sole discretion, refund you the price of the Product via the original payment method or such other method agreed between the parties or send you a replacement Product. If the Product is returned for any other reason, provided you have complied with all return-requirements set out in this paragraph, Goal Five will refund you the price of the Product via the original payment method less outbound freight via the original payment or such other method agreed between the parties. If you wish to replace a defective Product, a new Product will be sent to you after the defective Product is received, only if you have properly placed a new order for the new Product in accordance with these Terms of Sale.

Gift Cards: Goal Five may reject any order or cancel any purchase of Products at any time in the following cases, subject to any applicable refund: (i) the Products are not available/not in stock; (ii) the data you provide to Goal Five in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by Goal Five’s security systems; (iv) Goal Five has reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the Products; or (vi) Goal Five cannot deliver the Products to the address you have provided. 

Goal Five may make Goal Five Gift Cards (each a “Gift Card”) available for purchase via the Site or Service.  Gift Cards are issued by Goal Five and may be redeemed only for eligible Goal Five products through the Site and Services. When you purchase a Gift Card, you will be sent an email containing the Gift Card code that you may forward to the intended recipient. Purchases will be deducted from the Gift Card amount until the value reaches zero. If purchases exceed the Gift Card balance, the remaining purchase amount must be paid with another payment method. This Gift Card cannot be used to purchase other gift cards and cannot be resold, reloaded, transferred for value or redeemed for cash, except to the extent required by law. Goal Five is not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

Title and Risk of Loss: Title and risk of loss passes to you upon delivery of the Products at the Delivery Address. This means you will be responsible for any subsequent damage, loss or destruction to the Products delivered to you.

Information About Products: Goal Five tries to make sure all descriptions of the Products and listed prices are accurate and correct. However, mistakes do happen and Goal Five will try to resolve any errors in information as soon as reasonably possible, and, if Goal Five thinks that such an error has affected your order, Goal Five will make reasonable efforts to notify you via the contact information provided by you and give you the option of reconfirming your order at the correct price or description (as applicable) or cancelling it. If Goal Five is unable to contact you, Goal Five will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a refund. You acknowledge and agree that (i) the colors of Products as shown on the Site will depend on many factors, including your display settings and the device you are using to view Goal Five’s Site; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; and (iii) pictures and images on the Site are for illustration purposes only. Goal Five reserves the right to adjust prices, Products and special offers at our discretion.

Price and Payment Terms: In order to purchase products through the Service, you will be required to provide Goal Five information regarding your credit card or other payment instrument. You represent and warrant to Goal Five that such information is true and that you are authorized to use the payment instrument. You agree to purchase the Products from Goal Five at the prices specified on Goal Five’s Site on the date you place your relevant order, including any shipping prices. Unless otherwise specifically specified by Goal Five, the published Prices applicable to the Products are exclusive of shipping prices, which will be separately specified during your checkout process. All published prices applicable to the Products are also exclusive of all sales, taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by you. You agree to pay Goal Five all amounts due in accordance with this Terms of Service. Goal Five may offer discount or promo codes from time to time; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Only one code can be used per order and use of such codes are subject to any other terms and conditions specified by Goal Five when those codes are made available to you. A promotion code cannot be used after an order has been placed. If you dispute any charges you must let Goal Five know within three (3) days after the date that Goal Five charges you. We reserve the right to change Goal Five’s prices. If Goal Five does change prices, Goal Five will provide notice of the change on the Site. After receiving your order Goal Five carries out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Products will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

 

Indemnity and Release

You agree to release, indemnify and hold Goal Five and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOAL FIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

GOAL FIVE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOAL FIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOAL FIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL GOAL FIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GOAL FIVE FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. 

1. Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Goal Five, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Goal Five are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 
2. Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND GOAL FIVE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GOAL FIVE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
3. Pre-Arbitration Dispute Resolution: Goal Five is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at team@goalfive.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Goal Five should be sent to Goal Five, 3706 Butler Street, Pittsburgh, PA 15201 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Goal Five and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Goal Five may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Goal Five or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Goal Five is entitled.
4. Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Goal Five and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Goal Five agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

1. Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Goal Five will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Goal Five will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Goal Five will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
2. Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
3. Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
4. Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, Goal Five agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Goal Five written notice within fourteen (14) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

 

Termination

You agree that Goal Five, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Goal Five believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Goal Five may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Goal Five may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Goal Five will not be liable to you or any third party for any termination of your access to the Service. 

 

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Goal Five will have no liability or responsibility with respect thereto. Goal Five reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

 

General

These Terms of Service constitute the entire agreement between you and Goal Five and govern your use of the Service, superseding any prior agreements between you and Goal Five with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Goal Five agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Alameda County, California. The failure of Goal Five to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these 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 these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Goal Five, but Goal Five may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

 

Your Privacy

At Goal Five, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

 

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Goal Five, 3706 Butler Street, Pittsburgh, PA 15201

 

Questions?  Concerns?  Suggestions?
Please contact us at team@goalfive.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.