Terms of Service

MyGoalManager.com Terms of Service Acceptance of Terms Use of the MyGoalManager.com Web site or any of the services or features available on the MyGoalManager.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. MyGoalManager.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.MyGoalManager.com/tos.aspx. 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 MyGoalManager.com Service The Service is owned and operated by MyGoalManager.com ("MyGoalManager.com"). Privacy MyGoalManager.com respects your privacy. MyGoalManager.com's privacy policy is described on MyGoalManager.com's Web site at http://www.mygoalmanager.com/PrivacyPolicy.aspx. Please review it to learn MyGoalManager.com's current policies to protect the privacy of your information. Registration There are many areas of the MyGoalManager.com Web site that you can use without registering. However, in order to start your goals program on the MyGoalManager.com Web site, you will need to complete the MyGoalManager.com subscription 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. Conditions of Use Your use of MyGoalManager.com and your Account is subject to the following conditions: (a) Only one account is allowed per individual. Your Account is an individual, non-transferable user account. (b) You may not use MyGoalManager.com or your Account for any unlawful purpose and may not store any data files that contain: (i) any illegal material or information; (ii) any material that violates the intellectual property rights of others. (c) You must promptly inform MyGoalManager.com if there is a change in the email you provided at registration. Termination Either you or MyGoalManager.com may terminate this Agreement and your Account with or without cause at any time and effective immediately. MyGoalManager.com shall not be liable to you or any third party for termination of this Agreement or your Account. You may terminate this Agreement and your Account at any time by contacting Billing using the contact information at http://www.mygoalmanager.com/ContactUs.aspx. Upon termination, you will no longer be able to access MyGoalManager.com. MyGoalManager.com may destroy any of your stored data after termination. Relevant sections of this Agreement shall survive termination of this Agreement. Use and Ownership of MyGoalManager.com Content The content used and/or displayed on the MyGoalManager.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 MyGoalManager.com Web site ("MyGoalManager.com Content"), are the sole property of MyGoalManager.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 explicitly and lawfully agreed to in writing by MyGoalManager.com or the owner or licensee of such content. Any material that you publish on the MyGoalManager.com Web site in compliance with the Terms will be jointly owned by you and MyGoalManager.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 MyGoalManager.com Content to your hard drive, printing MyGoalManager.com Content, and sending MyGoalManager.com Content via electronic mail are permissible uses of the MyGoalManager.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 MyGoalManager.com Content comply with the restrictions set forth in this Section. Any other copying, republication or distribution of the MyGoalManager.com Content or a portion thereof is expressly prohibited without the prior lawful written permission of MyGoalManager.com and/or the owner or licensee of such content. Security You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Service(s), and for any other actions taken in connection with your account, including those of your agents, assignees and other users to whom you give e-mail accounts associated with your domain name(s) ("E-mail Users"). You agree to notify MyGoalManager.com immediately of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that MyGoalManager.com cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, or for any acts or omissions, of you or any of your agents, assignees or E-Mail Users, including any damages of any kind incurred as a result of such acts or omissions. 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 MyGoalManager.com, at its sole discretion, may restrict the amount of storage space allocated to your account at any time. You agree that MyGoalManager.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 MyGoalManager.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 MyGoalManager.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 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 MyGoalManager.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 MyGoalManager.com Web site. Although MyGoalManager.com shall have no obligation to monitor content published on the MyGoalManager.com Web site by users of the Service, MyGoalManager.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 MyGoalManager.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. MyGoalManager.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. MyGoalManager.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 MyGoalManager.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS OF THE SERVICES ACKNOWLEDGE AND AGREE THAT MyGoalManager.com SHALL HAVE NO OBLIGATION OF ANY KIND TO MONITOR THE CONTENT OF MATERIAL PUBLISHED ON THE MyGoalManager.com WEBSITE BY USERS OF THE SERVICE, AND MyGoalManager.com SHALL HAVE NO RESPONSIBILITY FOR THE COMPLIANCE OF ANY SUCH MATERIAL WITH THE TERMS. MyGoalManager.com WILL USE REASONABLE EFFORTS TO RESPOND TO COMPLAINTS CONCERNING MATERIAL PUBLISHED ON THE MyGoalManager.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 MyGoalManager.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 Tennessee as applied to agreements entered into and to be performed entirely within Tennessee between Tennessee residents, and the courts of Tennessee 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 MyGoalManager.com.