Terms and Conditions
Welcome to YeeGoals!
Terms of Service of Yeegoals, Inc.
Last Updated: April 8, 2023
By using or accessing the YeeGoals Services you agree to these Terms, as updated from time to time. Because YeeGoals provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and YeeGoals must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action.
Children under the age of 18 are not eligible to use the Site unsupervised and We ask that
children do not submit any personal information to Us. If you are under the age of 18, you may
only use this Site in conjunction with and under supervision of your parents or legal guardians.
1. THIS AGREEMENT
1.1 The Agreement
1.2 Revisions/Modification to this Agreement
This Terms of Service will be updated periodically and posted on Our App/Site. We reserve the right to change this Agreement at any time by posting revisions. You agree to review the Terms of Service periodically and become aware of modifications. By accessing or using the App/Site, you agree to be bound by all of the terms and conditions of Our Terms of Service as posted at the time of your access or use.
YeeGoals reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
2. YOUR ACCOUNT AND REGISTRATION
To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.
2.2 Account Registration
To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a username and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from YeeGoals for any purpose.
You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at email@example.com.
2.3 Account Obligations
In consideration of your use of any Service on behalf of a business or other entity member, you, individually and on behalf of such business or entity, agree to
provide accurate, current and complete information about the business or entity, yourself and any other principals and/or authorized representatives of the business or entity member as may be prompted by any registration forms on the Site or otherwise requested by YeeGoals ("Registration Data"), including the business or entity's full legal name;
provide such materials as YeeGoals may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity's legal existence, good standing in any jurisdiction and eligibility to use any Service, or to establish and/or verify your eligibility to act as guarantor with regard to any loan requested by the business or entity;
maintain the security of any password and identification issued for use by or on behalf of the business or entity;
maintain and promptly update the Registration Data, and any other information provided to YeeGoals by you or anyone else acting on behalf of the business or entity, to keep it accurate, current and complete;
promptly notify YeeGoals regarding any material changes to information or circumstances impacting the business or entity's legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility for continued use of any Service. Which can be done by changing the profile in the app or deleting your account.
be fully responsible for all use of any accounts opened on behalf of the business or entity and for any actions that take place using such account.
2.4 Use of Communication Services
The App/Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are appropriate in material and form and related to the particular Communication Service.
You agree that you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service or advertisement specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other User from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
violate any applicable laws or regulations.
We have no obligation to monitor any Communication Services or paid advertisement. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion, including the right to terminate your access to any or all of the Communication Services or paid advertisement at any time without notice for any reason whatsoever. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
We may charge a fee to post content in some areas of the App/Site. This Content may include banner and text advertisements, sponsorships, and business listings. The fee may be an access fee permitting content to be posted in a designated area, and/or paid advertising. Each User posting content to the Site is responsible for said content and compliance with this Terms of Services and any other applicable Agreement between the parties. Unless otherwise stated herein, all fees paid will be non-refundable in the event that content is removed from the service for violating these Terms of Service.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We specifically do not control or endorse the content, messages or information found in any Communication Service or paid advertisement and, therefore, We specifically disclaim any and all liability with regard to the Communication Services and paid advertising and any actions resulting from your participation in any Communication Service or engagement in the paid advertising.
We advise you not to reveal any other personal information to another individual until you make attempts to confirm the other person’s identity and intentions. Always use respect when contacting or replying to another User just as you would in public. If anyone spams or harasses you, please notify us immediately. We have zero tolerance for cyberbullying, harassment, or other such behavior. If We find that the User is in violation of Our Terms of Service, he/she may be deleted. We also reserve the right to, but shall not be required to, contact local and federal law enforcement personnel, depending on the nature of the event.
By posting, uploading, inputting, providing or submitting your submission you are granting Us, Our affiliated companies and necessary sub-licensees permission to use your submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission(s). No compensation will be paid with respect to the use of your submission, as provided herein.
Users of the App/Site are not spokespersons for YeeGoals and their views do not necessarily reflect those of Our Company.
2.5 Suspension of Your Account
We may modify, suspend or terminate your account or access to the App/Site if, in Our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the YeeGoals community, or to protect Our brand or Site. We also may remove accounts of User who are inactive for an extended period of time. A User who has the ability to moderate or manage a particular portion of Our Site also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Site.
If you violate these Terms, your permission to use the Services will automatically terminate. In addition, YeeGoals in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Customer Service at firstname.lastname@example.org.
After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but YeeGoals may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
2.7 Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, YeeGoals has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the memberships of members who are deemed to be repeat infringers. YeeGoals may also at its sole discretion limit access to any Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether there is any repeat infringement.
2.8 Account Information and Security
When you register, you agree to provide us with certain information. Keep your email address and other account information current and accurate. You agree to maintain the security and confidentiality of your password and you alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password without consent, notify us immediately.
better capital connections for your business.
recommendations regarding financial products and services that may be of interest to your business, including credit cards, Capital connections, reward videos and other financial products and services offered by YeeGoals partners and/or participant lenders.
A specific authorization that YeeGoals may share your credit score with its wholly-owned subsidiaries in order to allow its wholly-owned subsidiaries to provide you with such financial and services recommendations.
3. FEES, PAYMENTS, AND OFFERS
3.1 Fees Charged by YeeGoals
We charge fees for use of features on Our App/Site. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of Our App/Site. If We implement a new or modified fee, we will give you advanced notice such as by posting changes on Our App/Site or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. All fees are exclusive of applicable federal, state, local, or other taxes. Purchases through certain third-party vendors may be accomplished through the Site as well, and you expressly acknowledge this.
3.2 Automatic Renewals
Fees in some areas of Our App/Site may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the App/Site with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of Our App/Site for which We charge, you authorize Us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee. While you may cancel auto-renewal or cancel your subscription at any time, you won’t be issued a refund except in Our sole discretion.
3.3 Link My Account
3.4 Third Party Services
A User that uses the Site to accept payments from other Users must comply with the terms and conditions of the third-party provider of the applicable payment service used to receive the payment. We do not provide those payment services, are not a party to your Agreement with the applicable third-party provider and will not be liable or responsible for your use of those third-party payment services.
Advice from Third Parties. Some of the Services involve advice from third parties and third-party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from YeeGoals. You agree that YeeGoals is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that YeeGoals is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of YeeGoals.
YeeGoals Does Not Endorse Third Parties. The Services may contain links to third party websites and services. YeeGoals provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that YeeGoals has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
5. YOUR USE OF OUR SITE
5.1 Prohibited Conduct
You agree not to:
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law.
Violate or encourage others to violate the rights of third parties, including intellectual property rights.
Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
Interfere in any way with security-related features of the Services.
Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent.
Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without YeeGoals’ express written permission.
Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
Sell or otherwise transfer the access granted herein.
5.2 Restrictions on Data Collection/Termination
Without our prior consent, you may not:
use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs).
frame the App/Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this App/Site's pages, or otherwise affect the display of this Site's pages.
engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any YeeGoals member or third party.
Use data provided by, provided in any manner whatsoever, for any competing uses or purposes. You further agree that you have never used data, provided in any manner whatsoever, from YeeGoals in the past to compete with the products or services of YeeGoals.
Use this App/Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.
5.3 Interactions with Others
We are not a party to any offline arrangements made through Our App/Site. We do not conduct or require background checks on Users, and do not attempt to verify the truth or accuracy of statements made by Users. We make no representations or warranties concerning the conduct or content of any Users or their interactions with you.
5.4 No Resale
Our App/Site contains proprietary and confidential information and is protected by intellectual property laws. Unless We expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of Our App/Site, including any data, or content of others.
5.5 No Technical Interference with the App/Site
You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the App/Site or any hardware used in connection with the Site.
5.6 Third-Party Sites and Services
The App/Site contains links to third party Sites, and is integrated with various third-party services, applications and Sites that may make available to you their content and products. We do not control these third parties and aren’t responsible for those Sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
5.7 International Users
The App/Site is controlled, operated, and administered from Our offices within the United States. If you access the App/Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to release Us and Our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners ( “YeeGoals Parties”) from Claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other Users, or in connection with any App/Site group or event. You also agree to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their content, a Site group or event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You agree to indemnify, defend and hold all YeeGoals Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of Our Site, (c) your content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Site group or event that violates this Agreement. You agree to promptly notify Us of any third-party Claims, cooperate with YeeGoals Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims, including, but not limited to, attorneys’ fees. You agree not to settle any Claim without Our prior written consent.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
8.1 General Disclaimers
YeeGoals and its parent, affiliates, subsidiaries, and providers, and their respective officers, directors, employees, agents, independent contractors, and licensors (collectively the " YeeGoals Parties") do not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any Service Content, User Content, or Third-Party Content (together, "Content") and the YeeGoals Parties disclaim liability for errors or omissions in any Content.
YeeGoals does not guarantee the accuracy of any User Content or Third-Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post within any Service and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter within any Service or in connection with any User Content or Third-Party Content. YeeGoals is not responsible for the conduct, whether online or offline, of any User of any Service. YeeGoals cannot guarantee and does not promise any specific results from use of any Service.
Any Service may be temporarily unavailable from time to time for maintenance or other reasons. YeeGoals assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. YeeGoals is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or in any Service or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with any Service. Under no circumstances will YeeGoals be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of any Service, any User Content or Third-Party Content posted within or through any Service or transmitted to Users, or any interactions between Users, whether online or offline.
YeeGoals reserves the right to change any, and all content contained within any Service at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by YeeGoals.
8.2 Warranty Disclaimer
Our App/Site is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of Our App/Site, (b) any information, advice, services, or goods obtained through or advertised on Our App/Site or by Us, as well as for any information or advice received through any links to other websites or resources provided through Our Site, (c) the results that may be obtained from the App/Site, and (d) the correction of any errors in the Site, (e) any material or data obtained through the use of Our App/Site, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through Our App/Site.
No Warranties. YeeGoals specifically (but without limitation) disclaims:
any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and
any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damage that may result from your use of or access to the Services or Participant Lenders.
YeeGoals is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.
No Guarantee Of Accuracy. YeeGoals does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the platform. We do our best to work with the lender participants in our platform to provide the best people and financial products to our clients.
Services Provided For Informational Purposes. The information provided through the library in our app is provided solely for informational, educational, or entertainment purposes. YeeGoals and the library are not endorsed by or affiliated with FINRA, and YeeGoals is not a financial institution . YeeGoals makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, YeeGoals recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.
No Warranties Regarding Third Parties. YeeGoals makes no representations, warranties, or guarantees, express or implied, regarding any third-party service, participant lender or advice provided by a third party, or any quotes or offers provided through the Services. YeeGoals does not endorse any advisor or other third party. YeeGoals acts solely as an intermediary between you, the participant lenders and third-party service providers and expressly disclaims all liability for any content, products, or services provided by such service providers.
8.2 Limitation of Liability
You agree that in no event shall We be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if We have been advised of the possibility of such damages) arising out of or in connection with (a) Our App/Site or this Agreement or the inability to use Our App/Site (however arising, including Our negligence), (b) statements or conduct of or transactions with any User or third party on the App/Site, (c) your use of Our App/Site or transportation to or from YeeGoals events, attendance at YeeGoals events, participation in or exclusion from YeeGoals events and the actions of you or others at YeeGoals events, or (d) any other matter relating to the App/Site. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to Us in the 12 months prior to the action that may give rise to liability. The limitations set forth in this Section 8 (Warranty Disclaimer and Limitation of Liability) will not limit or exclude liability for Our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
9. DISPUTE RESOLUTION
9.1 Informal Resolution
Before making any Claims, you and YeeGoals agree to try to resolve any disputes through good faith discussions. We use the term “Claim” in this Section 9 to mean any dispute, Claim or controversy arising out of or relating to your use of Our Site or this Agreement, including your participation in YeeGoals events. You or YeeGoals may initiate this process by sending written notice according to Section 11.1 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or YeeGoals may bring a Claim in accordance with Section 9.2 (Arbitration Agreement).
9.2 Arbitration Agreement
Except as set forth in Section 9.5 (Exceptions), you agree to submit any Claim to the American Arbitration Association, (“AAA”) for final and binding arbitration. In arbitration certain rights that you or We would have in court may not be available, such as discovery or appeal. You and YeeGoals are each expressly waiving any right to trial by judge or jury in a court of law. This Agreement to arbitrate shall apply regardless of whether the Claim arises during or after any termination of this Agreement or your relationship with YeeGoals. Unless both you and YeeGoals agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
9.3 Arbitration Time for Filing
Any Claim subject to arbitration must be filed within one year after the date the party asserting the Claim first knows or should know of the act, omission or default giving rise to the Claim, or the shortest time period permitted by applicable law.
9.4 Arbitration Procedures
Either party may commence arbitration by filing a written demand for arbitration with the American Arbitration Association with a copy to the other party according to the notice procedures in Section 11.1 (Notices). The arbitration will be conducted by one arbitrator in accordance with the American Arbitration Association’s Commercial Rules and any other applicable rules that the American Arbitration Association (“AAA Rules”) requires in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in New York County, New York. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. The parties will cooperate with the American Arbitration Association and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate American Arbitration Association list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by AAA Rules, can award costs, fees and expenses, including attorneys’ fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
You or YeeGoals may assert Claims, if they qualify, in small Claims court in New York County, New York. You or YeeGoals may seek injunctive relief from a court of competent jurisdiction in New York County, New York as necessary to protect the intellectual property rights of you or YeeGoals pending the completion of arbitration. We may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, App/Site operations, or unauthorized use of Our App/Site or intellectual property. Nothing in this Section 9 (Dispute Resolution) shall diminish YeeGoals’ right to modify, suspend or terminate your account or access to Our Site under Section 2.2 (Use of Communication Services).
9.6 Arbitration Opt Out
You may decline to resolve disputes through arbitration by emailing Us at info@YeeGoals.com within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your YeeGoals account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Sections 9.2, 9.3, and 9.4 of this Agreement do not apply to you. This opt-out does not affect any other sections of this Agreement, such as Sections 9.5 (Exceptions), 9.7 (Class Action Waiver), 11.6 (Governing Law), 11.7 (Judicial Forum), and 11.8 (Time for Filing).
9.7 Class Action Waiver
You agree to resolve disputes with YeeGoals on an individual basis. You agree not to bring a Claim as a plaintiff or a class User in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
10. INTELLECTUAL PROPERTY
10.1 Intellectual Property of YeeGoals
YeeGoals Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to YeeGoals, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:
1363 W Valencia Dr, suite 236, Fullerton, CA, 92833
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
YeeGoals has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of YeeGoals or others.
10.2 Intellectual Property of Others
YeeGoals respects the intellectual property of others, and We expect Our Users to do the same. We may, in appropriate circumstances and in Our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to Our Site to those who We believe to be repeat infringers. If you believe your intellectual property rights have been violated, please contact Us as per Section 11.16 (Contact Us).
Except as otherwise stated in this Agreement or as expressly required by law, any notice to Us shall be given by certified postal mail to YeeGoals, 1363 W Valencia Dr, suite 236, Fullerton, CA, 92833
. Any notice to you shall be given to the most current email address in your account.
YeeGoals reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that YeeGoals will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
11.3 Entire Agreement
This Agreement constitutes the entire Agreement between you and YeeGoals, superseding any prior Agreements between you and YeeGoals on such subject matter.
11.4 No Waiver
11.5 No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and YeeGoals is intended or created by this Agreement. A User of Our App/Site is not YeeGoals' representative or agent and may not enter into an Agreement on Our behalf.
11.6 Governing Law
This Agreement and the relationship between you and YeeGoals shall be governed exclusively by the laws of the State of New York without regard to its conflict of law’s provisions, except as set forth in Section 9 (Dispute Resolution).
11.7 Judicial Forum
If Our Agreement to arbitrate is found not to apply to you or your Claim, or if you opt out of arbitration pursuant to Section 9.6 (Arbitration Opt Out), you and YeeGoals agree that any judicial proceedings (other than small Claims actions) must be brought exclusively in the federal or state courts located in New York County, New York, and you and YeeGoals agree to venue and personal jurisdiction in those courts.
11.8 Time for Filing
Any Claim not subject to arbitration must be commenced within one year after the date the party asserting the Claim first knows or should know of the act, omission or default giving rise to the Claim, or the shortest time period permitted by applicable law.
This Agreement is not assignable, transferable or sub-licensable by you except with Our prior written consent but may be assigned or transferred by Us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Our assets, or similar transaction.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and YeeGoals nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
If we terminate your account or access to Our Site, this Agreement terminates with respect to the User account that has been terminated. However, certain provisions of this Agreement that by their nature survive termination shall survive termination, including those terms listed in Section 11.13 (Survival).
11.12 Partner Terms
Sections 3 (Fees, Payments, and Offers), 4 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), 11.11 (Termination), 11 (Miscellaneous) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
11.15 Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
11.16 Contact Us
To contact us with questions or suggestions about the service please email us at email@example.com.
TERMS APPLICABLE TO ALL USERS: ELIGIBILITY, LICENSE AND REPRESENTATIONS
12.1 Proprietary Rights in Service Content; Limited License
You may review personal information (including credit data) posted by or relating to other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users. You may not reproduce any personal information (including credit data).
Further, you represent and warrant that:
(i) you do not have the ability to match any personal information (including credit data) posted by or relating to other Users to the identity of any individual; (ii) you will not make any attempt to obtain data permitting you to match any personal information (including credit data) posted by or relating to other Users to the identity of any individual; (iii) you will not accept any information from any third party that permits such a match; and (iv) you will make no such match.
We may terminate, disable or throttle your access to, or use of, this App/Site and any other Service at any time without notice for any reason, with or without cause at YeeGoals sole discretion.
12.2 User Content Posted within any Service
By posting User Content within any Service, you automatically grant, and you represent and warrant that you have the right to grant, to YeeGoals an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with any Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from any Service at any time. If you choose to remove your User Content, the license granted above will not expire.
TERMS APPLICABLE TO BUSINESS AND OTHER ENTITY USERS
13.1 Eligibility: Business and Other Entity Users
13.2 Additional Representations: Businesses and Other Entity Users
In addition to the User Representations set forth above under "User Representations," which you hereby confirm on behalf of the business or entity member, you further agree, both individually and on behalf of the business or entity, not to use any Service to:
register for multiple User accounts on behalf of the same business or entity.
operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity.
operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct, or for any purpose prohibited by any other agreement between the business, guarantor or entity and YeeGoals;
operate a user account on behalf of any business or entity with regard to which you are not an authorized person with the power to enter into binding agreements on behalf of the business or entity;
communicate with any other User regarding the business or entity, or its business operations, other than anonymously and publicly via the Site, or upload, post, transmit, share or otherwise make available any information or informational material identifying the business or entity or its business operations (other than Registration Data provided to YeeGoals or other information requested by YeeGoals or otherwise necessary for your use of any Service); and
upload, post, transmit, share, store or otherwise make publicly available within any Service any private information regarding the business or entity, including, without limitation, addresses, phone numbers, email addresses, tax identification numbers and credit, or any personal information regarding persons associated with the business or entity (other than Registration Data provided to YeeGoals).
Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:
all email addresses provided on behalf of the business or entity are and will be used by the business or entity for business purposes; and
you will not represent or portray the business or entity as being affiliated with YeeGoals in any capacity other than being a User of a Service without our prior written consent.
13.3 Additional Representations: Small Businesses
In addition to the User Representations set forth above under "User Representations" and "Additional Representations: Business and Other Entity Users," which you hereby confirm on behalf of the small business borrower, you further agree and confirm, both individually and on behalf of the business and/or entity, that:
all information relating to any prospective guarantor of any requested loan that is requested by any registration forms on the Site will be provided via the Site directly by such prospective lender participants.
13.4 Scope of License to Use
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about any Service ("Submissions"), provided by you to YeeGoals are non-confidential and shall become the sole property of YeeGoals. YeeGoals shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13.6 Video Rewards
Video Rewards may include Offers, Cashback, or other referral bonuses activated by the creation of your account in our platform.
13.7 Intended Use
Unapproved Channels include without limitation:
any communications to people who did not provide consent or opt-in, or to recipient lists that were purchased or obtained illegally;
any search advertising, browser plug-ins, toolbars, pop-up or pop-under advertising, display advertising, or any paid promotional channel; and
You agree not to edit, remove or modify any element contained in a Link. Changing the Link may invalidate it or cause it to be inoperable. Certain communication platforms may block, alter, or otherwise disable a Link, in which case the tracking and attribution may be inoperable, in which case no Reward shall be earned. Some Merchants may place cookies (or other forms of tracking beacons) on your device to recognize your device during a subsequent visit. This may enable the sender of the Link to earn a Reward for transactions which occur after the initial click on a Link. If you, or those clicking on your shared Link, block or delete cookies, tracking and attribution may be inoperable, in which case no Reward will be earned.
You are responsible for all usage and activity associated with your device and any account you may establish with us. If you attempt to earn Rewards by recommending a product or Merchant using a Link, the FTC Endorsement Guides may require you to reference that fact within your message when you send a Link. Learn more at www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.
By using YeeGoals app you opt in and grant us the right to send you emails, text messages, app notifications and other forms of communications relating to your account, customer service inquiries, Rewards, payment information, promotional opportunities, and third-party notices.
You are responsible for independently assessing and complying with all relevant tax and legal requirements. We do not and will not provide you with tax or legal advice. In the event that, during any single calendar year, a payment would result in payment to you of $600 or more, we may require you to provide us with a completed IRS form W-9 and we may thereafter issue a Form 1099 for that calendar year. We may utilize a third-party service provider to perform this function. If we require a completed form W-9 from you and you fail to provide one, we reserve the right to void any Rewards.
13.9 User Disputes
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.