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| myGoals.com Terms of Service |
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Acceptance of Terms
Use of the myGoals.com Web site or any of the services or features available on the myGoals.com Web site (the "Service") is subject to the following terms of use ("Terms"). Please read the Terms carefully prior to any use of the Service or registration. Your completion of the registration process or use of the Service will indicate your acceptance of this Agreement and assent to be bound by the Terms. myGoals.com reserves the right to modify the terms of this Agreement at any time without notice. Any such modification will become effective immediately upon the posting of such modification at the URL: http://www.myGoals.com/terms.html. You are solely responsible for monitoring the Terms of this Agreement to ensure your continuing compliance, and you use of the Service after any such modification will indicate you agreement to be bound by the Terms then in effect.
The myGoals.com Service
The Service is owned and operated by myGoals.com, Inc. ("myGoals.com"). myGoals.com provides a no-nonsense, informative, and encouraging environment to help you set and accomplish all of your personal and professional goals. You tell us what you want to get done and we keep you on track.
10-Day Trial and Pre-Authorization
Although you receive 10 days of free use of the Service, we first require you to supply valid credit card information in order to create an account. When you supply your credit card, we pre-authorize the card for the nominal amount of $1.05 to ensure that the card's number, expiration date, and name are valid. Your banking institution will show this as a "reserve" on your credit card account and they will release it after a 2-3 business days, with no charge to your credit card. Your credit card will automatically be charged for your myGoals.com account eleven days after you have registered, unless you cancel your myGoals.com account (via the Your Account page) during the 10-day trial period. Users are thereafter charged monthly and may cancel at any time via the Your Account page.
Privacy
myGoals.com respects your privacy. myGoals.com's privacy policy is described on myGoals.com's Web site at http://www.myGoals.com/about/privacy.html. Please review it to learn myGoals.com's current policies to protect the privacy of your information.
Registration
There are many areas of the myGoals.com Web site that you can use without registering, such as Goal-Setting Tips and viewing Pre-Made Goalplans. However, in order to set/adopt a goal on the myGoals.com Web site, you will need to complete the myGoals.com registration process. By your acceptance of these Terms, you agree to provide current, complete and accurate information during the registration process and to provide any updates necessary to ensure that the registration information remains complete and accurate.
Use and Ownership of myGoals.com Content
The content used and/or displayed on the myGoals.com Web site, including but not limited to text, graphics, audio and video data, trademarks, trade dress, service marks, software, and any underlying technology associated with the myGoals.com Web site ("myGoals.com Content"), are the sole property of myGoals.com and/or its affiliates, partners, licensors, or contributors. Such content is protected by copyright, trademark, patent, or intellectual property laws, and your acceptance of the Terms will indicate your acknowledgement of such protection and agreement to display or use such content solely for your own non-commercial purposes, and not to alter, copy, transmit, republish, sell, or license such content, except as provided in Section 6 below or as explicitly and lawfully agreed to in writing by myGoals.com or the owner or licensee of such content. Any material that you publish on the myGoals.com Web site in compliance with the Terms will be jointly owned by you and myGoals.com ("Owners"), and each Owner shall have an unlimited right to license, distribute, syndicate, or otherwise make use of such material without consent of, or consideration, accounting, or notice to, the other Owner.
Permitted Use
Copying myGoals.com Content to your hard drive, printing myGoals.com Content, and sending myGoals.com Content via electronic mail are permissible uses of the myGoals.com content provided that such use is personal and non-commercial in nature, you do not alter the Content, or remove any copyright, trademark or other proprietary notice contained in the Content, and any direct or indirect recipients of the myGoals.com Content comply with the restrictions set forth in this Section 6. Any other copying, republication or distribution of the myGoals.com Content or a portion thereof is expressly prohibited without the prior lawful written permission of myGoals.com and/or the owner or licensee of such content.
Conditions of Use
You must be at least 18 years of age or a minor with parental consent in order to use the Service. You are solely responsible for maintaining confidentiality of your account. You are solely responsible for all activity occurring under your account. You agree not to gain or attempt to gain unauthorized access to the Services, including other user's accounts and any computers or networks connected to the Services. You agree that myGoals.com, at its sole discretion, may restrict the amount of storage space allocated to your account at any time. You agree that myGoals.com, at its sole discretion, may terminate the Services at any time without cause. You agree that your account may be terminated at any time for inactivity. You agree that, upon termination, your use of the Services will cease. You agree that myGoals.com has no obligation whatsoever to maintain or forward any information stored in your account.
Restrictions on Conduct and Content
Your acceptance of the Terms indicates your agreement that, while using the Service or otherwise accessing the myGoals.com Web site, you will not publish or transmit any material and/or links to Web sites or other areas containing material that is grossly offensive in nature, including blatant expressions of racism or hatred; that is vulgar, defamatory, libelous, harassing; that is intended to or is likely to incite violence or that that exploits children; that infringes or otherwise violates any intellectual property, privacy, or other right of any third-party, or violates any other applicable law; that contains viruses, corrupted data, or that may otherwise damage the myGoals.com Web site or any user of the Service; or that is primarily directed toward spamming, pyramid schemes, chain letters, or gambling. You further agree that you will not publish or transmit any links to Web sites or other areas that collect personally identifiable data about visitors without their consent. In addition, you agree that you will not fail to label adult material or links to Web sites or other areas containing adult material as such, or otherwise fail to accurately identify material and/or links by the appropriate topical heading under which similar material and/or links are categorized on the myGoals.com Web site. Although myGoals.com shall have no obligation to monitor content published on the myGoals.com Web site by users of the Service, myGoals.com may monitor such content at its sole discretion and without warning or notice.
Disclaimer
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND THAT myGoals.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT WITHOUT LIMITATION TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. myGoals.com MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES INCURRED BY YOU OR BY ANY THIRD PARTIES AS A RESULT OF ANY COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM YOUR USE OF THE SERVICES. myGoals.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS' TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF myGoals.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS OF THE SERVICES ACKNOWLEDGE AND AGREE THAT myGoals.com SHALL HAVE NO OBLIGATION OF ANY KIND TO MONITOR THE CONTENT OF MATERIAL PUBLISHED ON THE myGoals.com WEBSITE BY
USERS OF THE SERVICE, AND myGoals.com SHALL HAVE NO RESPONSIBILITY FOR THE COMPLIANCE OF ANY SUCH MATERIAL WITH THE TERMS. myGoals.com WILL USE REASONABLE EFFORTS TO RESPOND TO COMPLAINTS CONCERNING MATERIAL PUBLISHED ON THE myGoals.com WEBSITE, AND MAY REMOVE ANY SUCH MATERIAL AT ITS SOLE DISCRETION.
Indemnity and Limitation of Liability
You agree to indemnify, defend and hold harmless myGoals.com, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Services, or alleging your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree that your sole remedy in the event you are dissatisfied with the Services or otherwise decide to terminate your account is to discontinue use of the Services.
General
This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Arizona as applied to agreements entered into and to be performed entirely within Arizona between Arizonan residents, and the courts of Arizona shall be the sole venue for an action relating to or arising from this Agreement. The headings to the sections and subsections of this Agreement are included merely for convenience of reference and shall not affect the meaning of the language included herein. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event that some provisions of this Agreement are found to be invalid, the remainder of the Agreement will remain in full force. Failure to enforce any provision of this Agreement will not operate as a waiver of any such provision on the part of myGoals.com.
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reserved. Patents Pending.
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