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Terms and Conditions of Service

Description of Service

GoalKards™ is a fun, kid-safe, online service designed for busy parents and kids to participate in together. It provides structure and teacher involvement for teaching kids KeySkills like responsibility and commitment, as well as good practice and learning habits. Parents must set up and manage a subscription for their families and have the ability to monitor and/or approve all content posted on GoalKards by their children.

Acceptance of Terms

By using GoalKards online products and services you (the parent) agree to adhere to these terms. GoalKards reserves the right to modify these terms without notice. If you do not agree to these terms, you cannot use GoalKards. GoalKards may, from time to time update these terms without notice. The most recent terms are located here at GoalKards.com/terms. You should revisit this page occasionally to review the terms and conditions.

There may also be GoalKards products and services that have posted rules and regulations. These rules and regulations, when they appear, should be considered to be part of these terms and conditions

Registration Obligation

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or GoalKards has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoalKards has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

GoalKards is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a GoalKards Family Account. When you create a GoalKards Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the GoalKards Family Account. By adding a child to your GoalKards Family Account, you also give your child permission to access many areas of the Service. Please remember that the Service is designed to appeal to a family audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or content is appropriate for your child

User Accounts

GoalKards provides several types of membership accounts available by subscription. By using our services you agree that we may change prospectively the account structure, services offered, pricing, or any other aspect of the service at any time.

GoalKards Intellectual Property

The content, arrangement and layout of the GoalKards website, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing ("Content") are the property of GoalKards Inc., except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of GoalKards Inc.

GoalKards may also contain references to other company brand and product names. These company brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within GoalKards are either the property of GoalKards, or used with permission. GoalKards may be, but is not necessarily sponsored by or affiliated with any of owners of the other company brand and product name appearing on the GoalKards website, and makes no representations about them, their owners, their products or services.

Any unauthorized use of the materials, structure, sequence, arrangement, or design of GoalKards, or trademarks, service marks, or trade dress found within GoalKards may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting GoalKards you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or to make additional copies of any materials or information displayed on the GoalKards websites. You agree not to display or use any Content or third party content located on GoalKards in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GoalKards, or its licensors, that dilutes the strength of GoalKards or its licensor's property, or that otherwise infringes GoalKards or its licensor's intellectual property rights.

Cancellation

You understand and agree that you have no ownership rights in your GoalKards account. GoalKards may cancel your account and delete all content associated with your account at any time, and without notice, if we deem in our sole discretion that you have violated the terms of this agreement, or for any other reason. GoalKards assumes no liability for any information removed from our site for violating these terms.

You may also cancel your account at any time. This cancellation takes effect immediately. After a cancellation, GoalKards will remove all content associated with your account.

We reserve the right to permanently restrict access to our products and services to members who have had their accounts cancelled.

Security of GoalKards name and passwords

GoalKards accounts are protected by usernames and passwords. You agree to keep your password secure and not to disclose it to anyone other than you and your children or users you authorize. You also agree not to solicit or use another member's account and password. You are solely responsible for any and all use of your account.

GoalKards Rules and Regulations

GoalKards members agree to not do any of the following:

Create, upload, transmit or make available in any way any material that harms children in any way. Solicit personal information from any member. Create, upload, transmit or make available in any way any text, messages, images, or files that are derogatory, defamatory, abusive, threatening, vulgar, obscene, bigoted, hateful, racially offensive, insulting or that violates any person's privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers). Use GoalKards services to transmit junk mail, chain letters, unsolicited mass email, spam, or comment spam. Post information that you know is false, misleading, or that promotes illegal activity. Use GoalKards to promote any products or services (whether for profit or not for profit), or solicit others for commercial products or services of any kind. Impersonate any person or misrepresent yourself or your association with any person or group. Create, upload, transmit or make available in any way any content that violates any third party's legal rights, or any domestic or international law or regulation. Upload, transmit, or make available in any way any content that you do not have the right to transmit under any law, contract, or fiduciary agreement. Create, upload, transmit or make available in any way any files, computer codes, or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of computer or network hardware or software products or services. Interfere, disrupt, or create an undue burden on any network services provided by GoalKards. We reserve the right to remove any material or cancel the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on GoalKards that we deem may be in violation of these terms or any applicable law. Furthermore, we reserve the right to prosecute fraudulent orders.

If you believe that content on GoalKards infringes upon your intellectual property rights, please contact our designated agent at support@GoalKards.com or by mail at 211 S Paterson Street, Madison WI 53703. In your correspondence, you must include your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on GoalKards that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to us is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). Our designated agent will respond only to these trademark or copyright issues; for general questions please email info@GoalKards.com.

Safe Content Policy

GoalKards upholds strong ethical and moral standards in regard to assuring that only child appropriate content becomes a part of our website. We are committed and dedicated to providing children with safe, interesting, educational, fun, and appropriate content. If you find questionable or offensive content in on the GoalKards site, please contact us at CustomerServices@GoalKards.com and we will investigate it.

GoalKards does not claim ownership of content you create, upload, transmit or make available in any way on GoalKards. By posting content on GoalKards you grant GoalKards a non-exclusive, fully-paid, royalty-free worldwide license to copy, use, translate, modify, adapt, store, and reproduce the content for the purposes of displaying, publishing, distributing, and transmitting the content on GoalKards and affiliated sites. If you remove content from GoalKards, this license will be terminated. Notwithstanding the foregoing, you understand and acknowledge that GoalKards owns the servers on which your content resides, and you own no protectable rights in and to those servers, your user account, or any data GoalKards stores on its servers. Should your account be terminated, you will not be given back any content you uploaded to GoalKards.com, nor will you be given access to those materials.

Furthermore, you agree that you will not post any content that infringes on any copyright, privacy or publicity right, patent, trademark, trade secret, or any other proprietary right of any party. You may not use, copy, transmit, publish, distribute, modify, broadcast, or sell any content published on GoalKards that was not created by you.

GoalKards also has the right to remove any content that violates these terms. You agree that you will be solely responsible for all risks associated with the use of this content, including the accuracy, completeness or useful of this content.

Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOALKARDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GOALKARDS 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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnity

You agree to indemnify and hold GoalKards and GoalKards Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

Disclaimer

THE DATA, INFORMATION, AND MATERIALS IN THE GOALKARDS SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY GOALKARDS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY GOALKARDS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY GOALKARDS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any GoalKards site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any GoalKards site or third-party content on our sites. We do not endorse any of merchandise, services, or sites nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

These terms and conditions are governed by the laws of the state of Wisconsin without regard to any conflict or choice of law principles. By your use of this site and our services, you consent to the personal jurisdiction of the courts located in the state of Wisconsin.

If you have any questions about these terms, or wish to report violators of these terms, contact info@GoalKards.com.

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