TERMS OF USE
1. Acceptance of Terms of Use
Please review the following Terms of Use carefully, as
it forms the basis of a legally binding contract between you and
AccomplishMoreGoals (“AMG,” “we,” or “us”) regarding your access to and use of
this website (the “Site”). By accessing the Site, you agree to be bound by all
of the terms and conditions set forth herein. AMG permits you to establish,
track and share goal-setting information (“Goals Information”) for your own use
or to be shared with other users or consultants on the Site (each a “Client”) and
offers you, as an individual, and/or the Clients access to certain tools and
services accessible through the Site, including, but not limited to,
goal-setting and tracking services (the “Service”). AMG is not responsible for
any Goals Information so produced, nor is AMG responsible for any Goals
Information shared with other Clients (or any other party) directly or
indirectly by you. By accessing the Site, you agree not to bring, file, or
participate in any claim, suit, or complaint against AMG as a result of any
Goals Information created or shared with other Clients or any other party
through access to or use of the Site.
The Site may not be used unless you are 13 years of age or older. Additional
age restrictions may be imposed by us or Clients with respect to use of the
Service
AMG reserves the right to change the terms of this Terms of Use and/or the
Service from time to time at its sole discretion by posting such revised terms
and conditions on the Site. Your continued use of the Site following any such
change constitutes your acknowledgement of such change and your agreement to
follow and be bound by the modified terms and conditions, if any.
2. Use of the Site; Goals Information
Upon accessing the Site and in order to log in to the Service, you will be
asked to submit required and/or optional information on the Registration page.
Once logged in to the Service, you may begin entering Goals Information for the
purpose of setting and tracking your goals. After you complete your Goals
Information, you may share your Goals Information with other Clients. You are
providing your Goals Information to AMG for the purpose of tracking and storing
your Goals Information as well as permitting us to share your Goals Information
with others you elect. If you are utilizing the Site to share your Goals
Information with other Clients, you agree that your Goals Information will be
provided to other Clients by AMG. Your Goals Information may also be used later
by AMG to prepare and/or offer different products and services to help you
and/or our other Clients on their path to goals productivity and fulfillment.
AMG, however, does not guarantee that our products or services, or that any
advertiser or other third party’s products and/or services on the Site, will
help you achieve your goals.
If you do not want your Goals Information used or re-used in this manner and/or
shared with any Client(s), you must click that you do not accept these terms
(i.e., click the “I Do Not Agree” button), although doing so will preclude you
from using the Service or the Site. For additional information on how such
information, answers, and/or responses will be used, please see the AMG Privacy
Policy.
You agree to provide accurate and complete personal and Goals
Information on your profile. AMG uses technology that analyzes information to
perform data analytics. Should AMG, in its sole discretion, believe that any
personal or Goals Information is not provided in good faith, AMG has the right
to suspend or terminate your use of the Service and/or your access to the Site.
You grant AMG a non-exclusive, perpetual, royalty-free license to use all Goals
Information and information entered on your profile page, including
photographs, in any manner and through any medium in the sole discretion of AMG
(although AMG will not disclose any personally identifiable information to any
person except other Clients or designated third parties as set forth in our
Privacy Policy). This grant includes the right of AMG to re-use your Goals
Information to perform data analytics and prepare products and services for
different Clients, which may be different Clients to whom you have designated
to share your Goals Information through AMG. You agree that AMG shall have no
obligation to provide you with a copy of the Goals Information shared through
the Service or a list of other Clients for which AMG may provide your Goals
Information.
Title, ownership rights, and all intellectual property rights in and to the
Site and the Service, including, without limitation, patents, copyrights,
trademarks and trade secrets, shall remain with AMG and/or its licensors.
AMG will retain all personally identifiable information, responses, and answers
you provide for fulfillment of the intended purposes for which it is collected.
We will establish minimum and maximum retention periods based upon the type of
information collected (i.e. sensitivity), the intended purposes, and as
otherwise may be legally required.
3. Passwords and Security
You agree that you will not: (a) permit other individuals to use your
password; or (b) copy any portion of any content provided through the Service.
Please note that you are solely responsible for any and all activities that
occur under your account and for ensuring that you exit or log-off from your account
at the end of each session of use. You shall notify AMG immediately of any
unauthorized use of your password or account or of any other breach of security
that is known or suspected by you. User accounts cannot be “shared” or used by
more than one individual. You remain solely responsible for any authorized or
unauthorized use of your password.
4. Your Conduct
You agree not to:
a. upload, transmit, post, email or otherwise make available to the Site, any
content or other material in any format that: (i) is false, inaccurate,
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise
objectionable or inconsistent with our positive goodwill of personal goal management
and achievement; (ii) infringes any third party’s intellectual property; or
(iii) contains viruses, worms, Trojan horses, back doors or trap doors,
corrupted files, or any other similar software or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
b. alter, remove, or falsify any attributions or other proprietary designations
of origin or source of any other content appearing on the Site or contained in
a file that is uploaded to the Site;
c. impersonate any person or entity, including, but not limited to, an AMG
official, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
d. attempt, through any means, to gain unauthorized access to the Site, or
another user’s account on the Site;
e. forward or share any information regarding the Service and/or the Site,
including, but not limited to, any Goals Information furnished through the
Service, to any third party for personal financial gain;
f. use any personal or Goals Information to engage in “backdoor” advertising,
which includes, but is not limited to, advertising a specific job and/or
profession and/or asking other users to join a group for the purpose of
advertising your products or services;
g. use the Site to advertise any products or services under the guise of
goal-setting or tracking; or
h. use any robot, spider, other automatic device, or manual process to
monitor or copy web pages or the content contained herein without our prior
expressed written permission. Additionally, you agree that you will not take
any action that imposes an unreasonable or disproportionately large load on
AMG’s infrastructure.
The use of any device, software or routine that interferes or attempts to interfere
with the proper working of the Site is expressly prohibited.
5. Proprietary Rights Restrictions
All material on the Site, including, without limitation, all
informational text, design of and “look and feel” of the Site, layout,
photographs, graphics, audio, video, messages, files, documents, images or
other materials (collectively, the “Materials”), whether publicly posted or
privately transmitted, as well as all derivative works, are owned by AMG or
other parties that have licensed their material to AMG and is protected by
copyright, trademark and other intellectual property laws. AMG disclaims any
proprietary interest in trademarks, service marks, logos, slogans, domain names
and trade names other than its own. Trademarks, logos, images, and service
marks displayed on the Site are the property of either AMG or other third
parties. You agree not to display or use such marks without AMG’s prior written
permission.
The Materials on the Site may not be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, including by e-mail or other
electronic means. Any modification
of the Materials, use of the Materials on any web site or networked computer
environment, or use of the Materials for any purpose other than personal,
non-commercial use is a violation of the copyright, trademark, and other
proprietary rights in the Materials and is expressly prohibited. The
trademarks, logos, service marks and trade names (collectively the
"Trademarks") displayed on the Service or available through the
Service are registered and unregistered Trademarks of ours and others and may
not be used unless authorized by the trademark owner. All Trademarks not owned
by us that appear on the Service are the property of their respective owners.
Nothing contained on the Service should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the Service without our written permission or that of the third-party
rights holder. Your misuse of the Trademarks displayed on the Service is
strictly prohibited.
AMG alone shall own all right, title, and interest, including all
related intellectual property rights, to any suggestions, ideas, feedback,
recommendations, or other information provided by you relating to the Service
(“Submissions”), and you agree to assign such Submissions to AMG free of
charge. AMG may use such Submissions as it deems appropriate in its sole
discretion.
6. Links to Other Web Sites
The Site may contain links to third party sites. The linked sites are not under
the control of AMG. AMG does not endorse, adopt or undertake any responsibility
for the content or privacy practices of any linked site, including, but not
limited to, information provided at the Site that may link the user to a third-party
web site. In no event shall AMG or its licensors be responsible for any content
or other materials on or available through such third-party sites.
7. International Use/Local Laws and Export Controls
We control and operate the Service from our offices in the United States
of America. We do not represent that the Service is appropriate or available
for use in other locations. Persons who choose to access the Service from other
locations do so on their own initiative, and are responsible for compliance
with local laws, if and to the extent local laws are applicable. Any information
collected through this Service will be transferred to and processed within the
United States of America.
8. Changes to the Site
AMG reserves the right to modify, suspend or discontinue all or any portion of
the Site and/or the Service at any time, without notice. Unless stated
otherwise, any new features to the current Site or Service shall be subject to
this Terms of Use.
9. Failure to Abide by these Terms
AMG may in its sole discretion disable your password or terminate or suspend
your account and any current activities at the Site immediately, without notice
to you, if you breach this Terms of Use or if AMG is unable to verify or
authenticate any information that you provide to us. AMG reserves the right, in its sole discretion,
to refuse access to any user at any time to those portions of the Site that
require registration. You agree that AMG shall not be liable to you or any
third party for any termination of your access to any Materials, content, the
Service and/or the Site.
10. AMG Privacy Policy
On-line information collected and certain other information about you is
subject to our Privacy Policy. For more information, please see our full
Privacy Policy. Your acceptance of this Terms of Use also constitutes
acknowledgment of and agreement to the statements and any obligations set forth
in the Privacy Policy. To the extent that we disclose on-line personally
identifying information collected and certain other information about you to
third parties, different policies may apply. AMG does not control the privacy
policies of any third-party and we are not responsible for the use and
dissemination of your personal identifying information by any such third
parties.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE)
SHALL AMG, OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
DAMAGES RESULTING FROM YOUR USE OF THE SITE OR THE SERVICE, WHETHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION,
ANY ACTIONS TAKEN BY CLIENTS OR THIRD PARTIES BASED ON GOALS INFORMATION OR ANY
OTHER INFORMATION PROVIDED BY YOU THROUGH THE SERVICE, OR UNINTERRUPTED OR
ERROR-FREE ACCESS TO THE SITE AND/OR SERVICE.
12. Indemnification
You agree to defend, indemnify and hold AMG and its directors, officers,
employees, shareholders, successors, heirs and Clients (the “Protected
Entities”) harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from your use of the
Service, software or other materials available on or through the Service, or
your breach or violation of the law or of these Terms of Use. AMG reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and in such case, you agree
to cooperate with AMG’s defense of such claim.
13. Release
By using the Service you hereby expressly release AMG and the Protected
Entities from and against any and all claims, damages or related expenses or
liabilities, including but not limited to indirect, incidental, consequential,
special, general, exemplary or punitive damages, arising from, or directly or
indirectly related to: (a) the use of, or the inability to use, the Service,
your provision of information via the Service, any consequential damages, even
if such Protected Entity has been advised of the possibility of such damages;
(b) the purchase, receipt and/or use of any products or services obtained
through the Service; (c) the activities of the Card issuer; or (d) any
misprints or inaccuracies that may be found to exist on or in connection with
the Service. YOU AGREE TO WAIVE YOUR
RIGHTS IF ANY UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14. Miscellaneous
If any provision of these Terms of Use is found to be invalid or unenforceable
by a court of competent jurisdiction, such provision shall be severed from the
remainder of this Terms of Use, which shall remain in full force and effect. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only.
These Terms and the relationship between you and AMG shall be governed by the
laws of the United States and the State of Illinois, without regard to its
conflict of law provisions. You and AMG agree to submit to the personal and
exclusive jurisdiction of the courts located within the State of Illinois,
County of Cook. All parties to these Terms waive their respective rights to a
trial by jury. The failure of AMG to exercise or enforce any right or provision
of these Terms shall not constitute a waiver of such right or provision. If any
provision of these Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of these Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or any Service or these Terms
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
BY CLICKING ON THE “I AGREE” BUTTON OR OTHERWISE AGREEING TO THIS TERMS OF USE
AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you have any questions or comments about this Terms of Use, please contact
us at TermsConditions@accomplishmoregoals.com.