GOALBUD
MOBILE APPLICATION AND SERVICES
TERMS OF USE
These Terms of Use (“Terms”) apply to the use of the GoalBud website and application (“Site”) and GoalBud mobile application (“App”) and related services (together with the App and the Site, the “Services”). The App, Site and Services are provided by GoalBud ( “we,” “us” or “our”), and these Terms represent a binding agreement between you as the user of the App and Services (“user,” “you” or “your”) and GoalBud. By downloading and using the App and accessing or using the Services provided by the App or Site, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must immediately uninstall the App and discontinue its use and the use of the Site and any Services.
NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION UNDER WHICH YOU ARE OBLIGATED TO LITIGATE CLAIMS IN A PRIVATE ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT AS SPECIFIED IN SECTION 19. YOU FURTHER WAIVE THE RIGHT TO A TRIAL BY JURY AND TO BRINGING ANY CLAIMS IN A REPRESENTATIVE ACTION OR AS A CLASS ACTION.
THE APP AND SERVICES ARE NOT INTENDED FOR PROVIDING MEDICAL ADVICE OR TREATMENT OR FOR PROVIDING INVESTMENT OR FINANCIAL ADVICE. USERS MAY PROVIDE INFORMATION ON A VARIETY OF SUBJECTS, INCLUDING FINANCIAL SUBJECTS, BUT GOALBUD ITSELF IS NOT AN INVESTMENT ADVISOR AND IS NOT PROVIDING FINANCIAL ADVICE. YOU USE THE APP, SITE, AND SERVICES AND ENGAGE IN ANY GOAL OR ACTIVITIES AT YOUR SOLE RISK.
1. Description
The App provides a platform for users to make a goal, build a private social network for each goal (called a “GoalBud Team”), and create commitments. You can invite others to serve on your GoalBud Team or you can join another Goaler’s GoalBud Team. All you need to do is support your Goaler using the Services, consider it “social networking with a purpose”.
Please note that you assume all risk of and assume sole responsibility for any goal or activity that you propose, create, engage and participate in connection with the Services. We do not warrant the success, safety, or security of any such goal or activity.
2. Changes
Our App and Services may evolve and change over time. For this reason, we may from time to time modify, amend or vary these Terms (collectively, “Modifications”) to cover new Services or to comply with changes in the law. Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use this App and Services, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use and uninstall the App.
We may from time to time need to update the App or send fixes for any errors or bugs in the App. YOU AGREE THAT WE CAN SEND SUCH UPDATES TO THE APP DIRECTLY ON YOUR MOBILE DEVICE.
3. App Store Terms
The App may be available for download from one or more platforms, such as Apple iTunes or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms, then these Terms will prevail.
This App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any App Store. You and we acknowledge that these Terms are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof to the extent specified in these Terms.
You and we acknowledge that we, not the relevant App Store, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge and agree that the relevant App Store, and that App Store’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
4. Equipment and Mobile Devices
You are responsible for operating and maintaining the mobile devices necessary to access the App and Services, including paying for any cellular data or internet access by your mobile network provider (“Mobile Provider”). You acknowledge that you may be charged by your Mobile Provider for data services while using certain features of the App or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Device (defined below) being used to access the App or Services, you will be assumed to have received permission from the bill payer for using the App or Services. You must also ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement.
5. Eligibility, Registration and Fees.
You must be at least 16 years of age and a resident in the United States. You further affirm that (a) you are not a resident of (or will use the App, Site or Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations, and (b) you are fully able and competent, or have the consent of your parent or legal guardian, to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You agree to provide complete and accurate information when registering to use the App and registering to become a member to use our Services and to keep that information updated. You are responsible for maintaining the confidentiality of your user name and password (“User Credentials”) and for notifying us immediately of any loss or unauthorized use of your User Credentials. You are responsible for all activities on your account whether authorized or not.
You represent that:
6. Fees
The App is free to download and use, and we may offer basic Services free of charge. However, we may charge for certain premium Services on a monthly or other subscription basis (“Subscription Fees”). If you use Services that require payment of Subscription Fees, you agree to provide us a valid credit card and authorize use to charge the Subscription Fees until you terminate your subscription. Subscriptions will automatically renew each month or other subscription period, unless you notify us of your intent to cancel before the end of the applicable subscription period. If you fail to pay Subscription Fees, we may terminate or suspend your access to the Services until such Subscription Fees are paid in full.
7. Access, Updates and Deletion of Accounts
You may access, update or delete your account with us at any time. If you delete your account, you will no longer be able to access or use the App, Site, or Services. We will also delete the information contained in your account in our systems, except to the extent that we need to retain such information to comply with applicable laws or accounting requirements. If you want to exercise your right to access, update or delete your personal information, please see our Privacy Policy or contact us at dataprotection@goalbud.org.
8. What Data Do We Collect and What We Do With Your Data?
As noted in our Privacy Policy, we may track certain information about your Device and your use of the App, Site and Services to, among other things, help us provide and improve the App, Site and Services. This information includes information about a user’s movements and behaviors online using our App and Services, a user’s activity on our App, Site and Services (including preferences, videos, photos, likes events, and hashtags), demographic information (such as gender, user location, work/education and IP address) and contact information (name, bio, email address, phone number, birthday).
Any personal information that you provide through the App and Services will be processed and shared in accordance with our Privacy Policy and your privacy controls. You can control who has access to your information through privacy controls on the App, but we have no responsibility for how other users may use your personal information that you post or share through the App and Services.
We may also sell your personal information to third parties or share your personal information to third parties, unless you have opted out of such selling or sharing under opt-outs required by law. We do this so that we can support and grow our business.
9. Push Notifications
You acknowledge that we may need to notify users of the App about the App or Services through the use of push notifications. We may also send users push notifications with offers and promotions about our products and services and Third-Party Services tailored to you. By agreeing to these Terms, you consent to receiving such push notifications to the extent consent is required by applicable law. You can opt-out of marketing push notifications, but not transaction or administrative-related notifications relating to the Services, your account, or the App. Please note that opting out of receiving push notifications may impact your use of the Services.
10. License
Provided you are in compliance with these Terms, GoalBud hereby grants you a non-exclusive, non-transferable, revocable license to download and use one copy of the App for your personal, non-commercial use and only on an approved Apple or Android device (“Device”) as permitted by the applicable App Store Terms and in accordance with these Terms and to access the Services through the App (“User License”). All other rights in the App and Services are reserved by GoalBud. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
You agree not to (i) modify, adapt or translate the App, Site or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App, Site or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the App, App Content, Site or Services; (iii) modify, translate or prepare derivative works of the App, App Content, Site or Services, or any portion thereof; (iv) make any commercial use of the App, Site or Services; or (v) rent, lease, distribute or lend the App, App Content, Site or Services to third parties.
11. Intellectual Property and Feedback
GoalBud and its associated logos are the trademarks of GoalBud (“GoalBud Trademarks”). The App and any expressions, artwork, information, video, audio, text, or other content provided through the App or Services (collectively, the “App Content”) are owned by GoalBud. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The GoalBud Trademarks, App, Site and App Content and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of GoalBud or the applicable trademark holder. The Services, Site, App and the App Content are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to GoalBud and its licensors. We welcome your comments, suggestions, ideas or other feedback (“Feedback”) about our App, Site or Services. If you provide Feedback, you agree that we can use that Feedback for any purpose, including to improve the App, Site or Services, without further obligation (including payment) to you.
12. User Content
The App contains features that allow you to post or provide User Content. You own your User Content. However, in order to provide you the Services, you grant to GoalBud the worldwide, perpetual, irrevocable, fully transferable, fully paid up and royalty-free right and license to use, and the right to license others (including other users), to use the User Content in connection with the App and Services, including reproducing, analyzing, distributing, publishing, modifying, publicly displaying and making derivative works of your User Content. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public.
13. Prohibited Uses
We want to make the App and Services a safe and secure place for our users. For this reason, we must prohibit certain kinds of activities and conduct. You agree not to use the App, Site or Services in any way, provide User Content, or engage in any goal, activity or conduct that:
You further agree not to:
We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including without limitation this Section 13. In addition, we reserve the right at our sole discretion to terminate any user’s access to the App and the Services if they violate this Section 13 or any other provision of these Terms.
Our App provides a method for us to filter objectionable material from being posted to the App, a mechanism for you to report offensive content and receive timely responses to concerns, and the ability of us to block abusive users from the Services.
14. External Applications
The App and Services may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively “External Applications”) for your convenience. We are not and cannot be responsible for the External Applications’ content, operation or use. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Applications, which you use at your own risk.
15. Indemnification
You are responsible for your User Content and your activities on the App and Services. In light of this, we need to be protected from claims relating to that User Content. You agree to defend, indemnify and hold harmless GoalBud, and its parent company, affiliates, officers, directors, employees and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorneys’ fees) arising from your use of the App, Site and Services, your User Content, your goals and activities as provided through the Services or your breach of these Terms. Basically, this means that if we get sued because of something you posted or some action you took on the App or Services, you will defend that lawsuit and pay any damages awarded or settlements entered into. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist us in exercising such rights.
16. Disclaimer of Warranties/Assumption of Risk/Release of Liability
We provide the App, Site and Services on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, GoalBud does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App, Site, Services or its content or any User Content, or that any goal will be achieved or any proposed activity or goal is safe, secure, or will result in any benefits to you. You assume all risks from using the App, Site or Services or any users User Content or any goal or activity provided on the App, Site or Services, including risk of personal injury, financial costs or loss, or property damage. Before engaging in any physical activity, you are responsible for ensuring your own safety and that you are medically fit to engage in that activity.
To the fullest extent permitted by applicable law, GoalBud hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the App, Services or App Content is of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the App, App Content or Services by you is in compliance with laws or that any information that you transmit in connection with the App or Services will be successfully, accurately or securely transmitted.
You hereby release GoalBud and the Indemnitees from any and charges, liabilities, obligations, promises, agreements, controversies, injuries, damages, suits, losses, costs, debts, penalties, expenses, rights and causes of action of any nature arising out or relating to your use of the Site, App or Services or any goals, activities or information provided on or through the Site, App or Services. You further waive any and all rights under California Civil Code Section 1542 (or any similar law of any other jurisdiction), which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree and acknowledge that the released claims extend to and include unknown and unsuspected claims.
17. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GOALBUD NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE APP, SITE OR SERVICES, AND/OR ANY EXTERNAL APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE APP OR SERVICES IS TO STOP USING THE APP OR SERVICES, AS APPLICABLE.
If, notwithstanding the other provisions of these Terms, GoalBud is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, Goal Bud’s liability shall in no event exceed the greater of (1) the total of any Subscription Fee with respect to any service or feature of or on the Service paid in the six months prior to the date of the initial claim made against GoalBud, or (2) US$100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
18. Governing Law
These Terms shall be governed by the laws of the State of Utah, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of Summit County, Utah with regard to any dispute arising out of or relating to these Terms. YOU WAIVE YOUR RIGHT TO A CLASS ACTION OR TO A JURY IN THE EVENT OF ANY DISPUTE THAT PROCEEDS IN STATE OR FEDERAL COURT.
19. Dispute Resolution
YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND GOALBUD. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED "OPT OUT OF ARBITRATION" BELOW.
We want to resolve amicably any claims or concerns you may have regarding the App and the Services. Therefore, before either you or we can initiate a legal action, unless it is for injunctive relief, we shall first attempt to contact the other party to discuss a resolution. You must submit your claim in writing by sending an email to the email address below. We will contact you at the email address you provide when you register to use the App and Services. Neither Party may initiate either arbitration or other legal action for thirty (30) days after receipt of the claim.
If we cannot resolve the matter amicably, unless you have opted out as set forth below, you and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms, the Services, Site or the App (“Dispute”) will be determined by mandatory binding individual (not class) arbitration. You and GoalBud further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and GoalBud both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court; (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator; or (3) any claim by GoalBud in a court of law for violation of its intellectual property rights. In addition, this arbitration provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
Either you or we may start arbitration proceedings. Any arbitration between you and GoalBud will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this arbitration provision. You and GoalBud agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or GoalBud may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.
Each party shall pay arbitration fees in accordance with 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 decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If this arbitration provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this section shall govern any claim in court arising out of or related to the Terms.
OPT-OUT OF ARBITARTION: You may opt out of the binding arbitration described in this section by sending GoalBud written notice of your desire to do so by email at [•]@goalbud.org or regular mail at Attn: GoalBud, 336 Bon Air Center, Suite 371, Greenbrae, California 94904, United States within thirty (30) days following the date you first use our Services or App, whichever occurs first (such notice, an “Arbitration Opt-out Notice”). If you don’t provide GoalBud with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above.
20. Mass Action Waiver
You and GoalBud expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or GoalBud are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or GoalBud’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this Dispute Resolution provision, this Mass Action Waiver does not prevent you or GoalBud from participating in a mass settlement of claims.
Notwithstanding any provision to the contrary in AAA Rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) GoalBud shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. GoalBud may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this section only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver.
21. No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph is held unenforceable in its entirety, then the entirety of this “Dispute Resolution by Binding Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
22. Termination
These Terms are effective unless and until terminated by GoalBud. You may discontinue any further use of the App and associated Services, but these Terms will continue to apply to your use of the App and Services prior to such discontinuance. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the App and associated Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the App or Services. Upon any termination of the Terms by either you or us, you must promptly uninstall the App and cease using the Services. Sections 3, 8, and 10 through 25 will continue to apply even after the Terms, App or Services have been terminated or suspended.
23. Intellectual Property Claims
We respect the intellectual property rights of others and require that users of our App and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
GoalBud
Attention: Intellectual Property Claims
336 Bon Air Center, Suite 371
Greenbrae, California 94904
United States
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
We reserve the right, in our sole discretion, to terminate the account or access of any user of the App and Services who is the subject of repeated DMCA or other infringement notifications.
24. General
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and GoalBud with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by GoalBud as provided herein or otherwise by written instrument signed by GoalBud. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with GoalBud’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. GoalBud may assign, transfer or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
25. Notice for California Users
Under California Civil Code Section 1789.3, users of GoalBud from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms 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 the California Department of Consumer Affairs at dca@dca.ca.gov.
26. Contact Us
If you have any questions regarding our App or Services, you can email us at info@goalbud.org, for general inquiries, support@goalbud.org for technical inquiries, or dataprotection@goalbud.org for privacy matters.
Copyright © 2024 GoalBud PBC - Public Benefit Corporation - All Rights Reserved.
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