GOAL NUGGET TERMS OF SERVICE
Effective Date: August 1, 2019
Mandatory Arbitration Notice. THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Use of the Service. We grant you a non-exclusive, limited, non-transferable, revocable license to access and use the Service in accordance with the Terms and in the manner contemplated hereunder. We reserve the right to revoke your license to use the Service at any time and for any reason. The Service is only offered to United States residents who are sixteen (16) years of age and over. If you do not meet these requirements or do not agree to the Terms you are not authorized to use the Service. We reserve the right to change or modify the Terms at any time in our sole discretion. You agree that your continued use of any part of the Service following any modification to the Terms indicates your acceptance of any such modifications.
Third Party Content, No Liability. In connection with the use of the app or the Services you may be able to access or link to websites maintained and operated by third parties, third-party surveys, third party offers, or other third-party content (“Third Party Content”). You understand and agree that we are not responsible for any Third-Party Content and we do not make any representations or warranties regarding any such Third-Party Content. Under no circumstances will we be responsible for any loss or damage of any kind incurred as a result of the use of any Third-Party Content posted or transmitted via the Service.
Email Newsletter. When you register for the Service, you agree to receive an email newsletter that may contain offers from us and from partners whose goods or services we think may interest you based on the survey questions you’ve answered, and other information we’ve collected about you. You may opt-out of receiving this email newsletter at any time by following the opt-out instructions provided in the email newsletter.
Dollar Rewards. In connection with your use of the Services, you may have the opportunity to earn rewards points in return for participating in and truthfully responding to survey questions. Such rewards will translate to dollar amounts which you may redeem in the form of money paid to you via gift card which will be emailed to the email address you provide when registering with the services after you’ve reached the $10.00 minimum amount and choose to cash out through the app. We reserve the right to verify your identity, email address, and postal address provided to us to receive payment if we believe that the postal address is incorrect or if we believe that your account has been accessed by fraudulent means.
Intellectual Property. This app and the content available through the Service are the property of Goal Nugget or our affiliates, subsidiaries, parent companies, or licensors, and are protected by copyright, trademark and other intellectual property laws. Subject to these Terms, we grant you a non-exclusive non-transferable license to use the app solely for your personal, non-commercial use. You may not use the app or the content available on the app in a manner that constitutes infringement of our proprietary rights, including intellectual property rights. You are expressly prohibited from and are not permitted to modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any content from the app.
Indemnification. You agree to indemnify, defend and hold harmless the Goal Nugget, our parent and subsidiary companies, 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 Service, your violation of these Terms or your infringement, or the infringement by any other user through your account, of any intellectual property or other proprietary right of any person or entity.
DISCLAIMER AND LIMITATION OF LIABILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. NEITHER GOAL NUGGET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP AND THE SERVICES MAKES ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE, NOR THAT YOUR USE OF THE APP AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THAT THE APP OR SERVICES, OR ANY THIRD PARTY WEBSITES LINKED TO FROM THE APP OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GOAL NUGGET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER’S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOAL NUGGET, AFFILIATES OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL GOAL NUGGET BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OR THE INABILITY TO USE THE WEBSITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER GOAL NUGGET WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. IN THE EVENT GOAL NUGGET BEARS LIABILITY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, THE LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PAID BY YOU, IF ANY, FOR USING THIS SITE. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.
Service Modification, Suspension, Termination. We may terminate this Agreement, suspend or terminate your account, or cease offering the Service, at any time and for any reason in our sole discretion.
Applicable Law. These Terms and your use of the app shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws, and you hereby consent to the personal and exclusive jurisdiction of the state and federal courts located in the State of New York, County of New York.
Disputes, Choice of Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. You agree to resolve any claim, dispute, or controversy (“Claims”) arising out of or relating to these Terms or your use of the Service by binding arbitration by the American Arbitration Association (“AAA”) in New York County, New York under the commercial rules then in effect for the AAA, Nothing in this Section shall be deemed as preventing Disqus from seeking injunctive or other equitable relief from the courts as necessary to protect any of Disqus’ proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that Disqus’ agreement to arbitrate claims constitutes consideration for such waiver.