These Terms constitute a binding agreement between You and GoalUP and are deemed accepted by You each time that You use or access GoalUP services ("Services"). If You do not accept the Terms stated here, do not use the Services.
GoalUP reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new functionality, tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. The most current version of this Agreement can be reviewed by clicking the "Terms of Service" hypertext link located on the GoalUP website.
Violation of any of the terms below could result in the suspension or termination of your Account. While GoalUP prohibits such conduct and Content on the Service, you understand and agree that GoalUP cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
The GoalUP logo, "GoalUP" and “Grow with Goals” are considered GoalUP's trademarks. The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that GoalUP has established in any of their product, feature, or service names or logos.Account Terms
You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
You are responsible for maintaining the privacy and security of your account. GoalUP will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account, or those who may have gained access to your account).
GoalUP is committed to continually improving and enhancing the Services and, Subject to any other written agreement you may have with GoalUP, you acknowledge and agree that the specific form and/or nature of the Services may change from time to time without prior notice and GoalUP may cease providing the Services (or any specific features within the Services) to you or to users generally at GoalUP's sole discretion, without prior notice to you.
You may stop using the Services at any time and you do not need to specifically inform GoalUP when you stop using the Services.
Unless you have been specifically permitted to do so in a separate agreement with GoalUP, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.Privacy
Payment, Access, and Account Updates
1. A valid credit card is required for setting goal accounts. A credit card is not required to create an account.
2. Funds are offered in the form of credits called "Points," which are credited to an account maintained by GoalUP. Points are redeemable for products as specified below. GoalUP will establish and maintain your account based on information furnished by you and will hold your Points until you, or the program participants related to your account, redeem them or until they are forfeited, in accordance with the Terms and Conditions specified below. This program is called the "GoalUP."
3. In order for an account to be established in your name and your Points properly credited to your account, you must complete the online registration form. To open an account you must provide GoalUP with complete and valid contact information, including your full legal name, home address, and valid email address. All primary account holders must be at least sixteen (16) years of age. Each account must have a valid email address and password. By completing the online registration form as the primary account holder, you represent that you are at least sixteen (16) years of age and that the information you have provided to GoalUP is accurate and truthful in all respects and pertains to you and no other person. GoalUP reserves the right to terminate any duplicate accounts or any account established with untruthful information.
4. Your use of the GoalUP and accumulation of any "Points" hereunder are personal to you, and you may not use anyone else's "Points" or assign, transfer, pool, "lend," sell, or exchange your "Points" or your right to participate in the GoalUP with any participant that is not part of your registered group. You may use only one (1) password to open and access your account, and you may not use another account holder's password or allow anyone else to use your password, for any reason. GoalUP will not be responsible for any losses incurred through the use of your password by a third party.
5. "Points" will be credited to your account only through purchases made for “Points” and/or from bonus points issued by GoalUP from time to time at GoalUP’s sole discretion.
6. Registered users who have purchased points may request a return of unused points/money from their account for any reason and at any time by calling customer service at 1-888-638-6711 or by email us at firstname.lastname@example.org. Unused money is the amount of money remaining in any given account that has not been converted to points and then issued. A 10% handling fee will be deducted to cover the processing costs associated with all returned unused money.
7. A refund may be requested at any time in which there is unused money remaining in an account. The amount of unused money available for refund will be equal to the amount of money paid into the account, less any previous refunds, less the dollar value of any points awarded, less any bonus points or discounts earned, and less any dormancy fees. Dormancy fees are charged to accounts that sit idle for a period of 12 months. A dormant account is defined as one in which no points have been purchased, awarded or redeemed, and no new goals set or existing goals edited during a 12 month continuous time frame. Funds remaining in dormant accounts for more than 12 months will be reduced at a rate of $3.95 per month until all funds are exhausted.
8. Once we receive your request for a refund we will process the request and return the unused money to you from your account, in the form it was originally made, within 30 days of your request.
9. BY COMPLETING THE REGISTRATION FORM AND UTILIZING GOALUP, YOU ACKNOWLEDGE AND AGREE THAT GOALUP, LLC IS NOT A BANK OR ANY OTHER KIND OR FORM OF FINANCIAL INSTITUTION AND THAT GOALUP INC DOES NOT MAINTAIN YOUR ACCOUNT FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED HEREIN. YOU FURTHER AGREE THAT THE "POINTS" CREDITED TO YOUR ACCOUNT ARE NOT ACTUAL CASH DEPOSITS AND ARE ONLY ACCOUNT ENTRIES THAT ENTITLE YOU TO THE AMOUNT OF THE CREDITED POINTS IF YOU REDEEM THEM IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT YOU MAY ONLY REDEEM THE AMOUNTS IN YOUR ACCOUNT IN THE MANNER AND ACCORDING TO THE PROCEDURES DESCRIBED IN THESE TERMS AND CONDITIONS, WHICH WE MAY AMEND FROM TIME TO TIME.
10. GoalUP will not be responsible for supplying any hardware or software needed to access the GoalUP site, or for any charges associated therewith (including but not limited to telephone and Internet provider charges).
11. YOU MAY ACCESS GOALUP ONLY FOR THE PURPOSES THAT WE PERMIT. IF YOU USE OR ATTEMPT TO USE ANY PART OF GOALUP FOR ANY OTHER PURPOSE, YOU UNDERSTAND AND AGREE THAT YOUR RIGHT TO ACCESS GOALUP WILL CEASE AND ALL "POINTS" CREDITED TO YOUR ACCOUNT, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF GOALUP INC. You may, in addition, be subject to an action for damages and/or criminal prosecution. Without limiting the above paragraph, misuse of GoalUP will include attempting to access the accounts of others and accessing your account in an attempt to change the amount of Points credited GoalUP reserves the right, in its sole discretion, to determine what other actions constitute misuse of GoalUP. GoalUP retains all rights to GoalUP. Any unauthorized copying or publication of GoalUP or any subject matter associated with GoalUP will constitute an infringement of GoalUP's rights under the copyright laws, and you will be subject to all damages and other penalties available under those laws, including but not limited to criminal prosecution.
12. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY ANY PART OF THE GOALUP PLATFORM OR THESE TERMS AND CONDITIONS AT ANY TIME BY CHANGING THESE TERMS AND CONDITIONS OR RELATED INFORMATION ON OUR WEBSITE. This includes, without limitation, the right to change the rules of participation, terminate your participation, and discontinue the GoalUP service. If there is a modification to the GoalUP platform, we will endeavor to notify you; however, we will not be responsible if you do not learn of the modification. GoalUP does not warrant that the GoalUP platform will remain operational, and we disclaim any liability for any losses you experience because the GoalUP platform is not operational or accessible by you.
13. GoalUP provides the GoalUP platform "as is" and makes no representations or warranties to you, express or implied, regarding its accessibility or that your access to the GoalUP platform will be uninterrupted or error-free. WE ESPECIALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow limitations on how long an implied warranty may last, so the above limitation may not apply to you.
14. GoalUP takes reasonable measures to maintain the security and confidentiality of your personal account information. There are certain conditions, however, that exist on the Internet generally which are outside GoalUP's control and could result in a breach of security. Accordingly, we cannot guarantee that your confidential information will be free from corruption or piracy. You hereby expressly waive any claim against GoalUP and its members, officers, directors, employees, agents, and representatives, arising out of the loss of data through corruption, piracy, breach of security, or other reason.
Modifications to the Service
1. You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by contacting GoalUP customer service at 1-888-638-6711. *Please see 6, 7 & 8 under Payment, Access and Account Updates.
2. GoalUP reserves the right to modify, suspend, or terminate your account at any time for any reason without notice. We also reserve the right to delete all Content associated with your account. GoalUP may refuse service to anyone for any reason at any time.
Copyright and Ownership
1. GoalUP or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, the recognition system, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service that GoalUP or its suppliers own.
2. GoalUP claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
3. GoalUP does not pre-screen Content, but GoalUP has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. You understand that all information or content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person or entity from which such information or content originated ("Content") and that Content may be protected by intellectual property rights held by the originator(s). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by GoalUP or by the owners of that Content, in a separate agreement.
5. You understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.
6. You agree that you are solely responsible for (and that GoalUP has no responsibility to you or to any third party) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GoalUP may suffer) by doing so.
7. Any Content you send or otherwise make available through use of the Services, including but not limited to, sending points, comments or messages is done so at your own risk. GoalUP cannot control the actions of other users with whom you may choose to share any information and cannot and does not guarantee that Content you send or otherwise make available will not be viewed by unauthorized persons. You shall be solely responsible for your own Content and the consequences of posting or publishing it.
Copyright and Ownership
1. In connection with this program, GoalUP may disclose to you certain information that GoalUP considers confidential and/or proprietary ("Confidential Information") including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; (d) business information, including operations, planning, marketing interests, and products; (e) any bugs, defects, security problems, and other issues relating to the Service and/or the Software. Service Suggestions shall be deemed to be GoalUP Confidential Information.
2. You shall not disclose and shall protect the Confidential Information of GoalUP and shall use no less than a reasonable degree of care to prevent its unauthorized use, dissemination or publication to any unauthorized third parties.
3. Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of you; (ii) was in your lawful possession prior to the disclosure and was not obtained by you either directly or indirectly from GoalUP.Third Party Sites
GoalUP does not warrant that (i) the service will meet your specific 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, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that GoalUP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GoalUP has been advised of the possibility of such damages), 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; (v) or any other matter relating to the service.
The failure of GoalUP to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GoalUP and govern your use of the Service, superseding any prior agreements between you and GoalUP (including, but not limited to, any prior versions of the Terms of Service).Indemnification
Each Party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other Party (the "Indemnified Party") and each of the Indemnified Party's parent, affiliated, subsidiary and related entities throughout the world and each of its and their respective shareholders, officers, directors, employees and agents from and against all liabilities, damages, losses, costs or expenses (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in connection with any actual or threatened claim, suit, action or proceeding brought or threatened by a third party arising out of or relating to any actual or threatened claim, suit, action or proceeding brought or threatened by a third party arising out of or relating to any claim that the Indemnifying Party's Property infringes or misappropriates any intellectual property right of any person. Each Party's indemnification obligations under this Section are conditioned on the other Party notifying the indemnifying Party promptly in writing of such action, the other Party giving the indemnifying Party sole control of the defense thereof and any related settlement negotiations, and the other Party cooperating and, at the indemnifying Party's reasonable request and expense, assisting in such defense.