GOAT USA TERMS OF USE

Date of last revision: March 2022

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE WEBSITE.

If you live in Canada, additional terms may apply to you and are viewable at the bottom of these Terms. These additional terms override the Terms below to the extent of any inconsistency.

You are reading these Terms because you are using the GOAT USA Inc’s website, www.goatusa.com (the “Website”) or are interacting with GOAT USA’s social media platforms (or related applications), including GOAT USA’s accounts on Facebook, Instagram, YouTube and Twitter (collectively, “Social Media”).  GOAT USA, 135 Dupont St, Plainview, NY 11803, operates the Website and our Social Media accounts (and related applications) (to the extent not operated by others) (the “Platform”), and is responsible for your purchases of products, marketing and your participation in certain events and contests, and for all other processing in the context of the Website. You may access the Website and Social Media (and related applications) through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier's normal rates and fees apply to your Device.

GOAT USA offers the Website and Social Media (and related applications), including all information, tools and services available from therein to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the Website, interacting with our Social Media (or related applications) and/or purchasing something from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of the tools or services offered by GOAT USA via the Website or via our Social Media Accounts (or related applications). If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms.

We contract with Shopify Inc., which provides an e-commerce platform that enables us to sell our products to consumers. Shopify Inc.’s services are subject to Shopify’s Terms of Service, available at https://www.shopify.com/legal/terms. If there is a conflict between these Terms and Shopify Inc. Terms of Service (other than our Terms of Sale and Privacy Policy), Shopify Terms of Service will control with respect to conduct on its platform. 

These Terms create a legally binding agreement between you and GOAT USA and its affiliates (which we may refer to as “GOAT USA,” “we,” “us,” or “our”) regarding your use of the Website and Social Media (and related applications). By making any purchase with us, or by interacting with the Website and Social Media (and related applications), you also agree to the Terms of Sale and our Privacy Policy that apply in your country or region, which are expressly incorporated as part of these Terms. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

Our Terms may change

We may update these Terms from time to time.  If a material change is made, we will post a notice on the Website or Social Media account (or related applications) or send you a notification.  Read through any changes, and if you do not agree to them, please stop using the Website and the Social Media (and related applications).  If you continue to use our Website and interact with our Social Media (and related applications) after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.  Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you.  [See Canada terms.]  As such, you may wish to keep a copy of the Terms to which you agree.

1. ELIGIBILITY. You are only eligible to use the Website and the Social Media (and related applications) if you are of legal age or majority in your country or region, or if you have consent and supervision from your parent or guardian.  If you make a purchase from us, you represent and warrant that you are of legal age of majority, of sound mind, and are providing accurate and current information about yourself to GOAT USA. You may not use our products, the Website or our Social Media (or related applications) for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, malware, ransomware, or any malicious code of a destructive or damaging nature. A breach or violation of any of the Terms may result in an immediate termination of all our services to you.
2. LICENSE TO USE WEBSITE

GOAT USA hereby grants you a limited, non-assignable, non-exclusive license to access the Website and our Social Media (or related applications) subject to and in accordance with these Terms. Any violation of the terms of these Terms is grounds for immediate termination of this limited license and may result in legal action by GOAT USA.

1. RULES OF CONDUCT

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and our Social Media (or related applications). In addition, your use of the Website and our Social Media (or related applications) is conditioned on your compliance with the following rules of conduct. You agree not to use this Website and our Social Media (or related applications) for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any GOAT USA employee, agent, or representative; or expressing or implying that GOAT USA endorses any statement you make.

You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website and our Social Media (or related applications). Further, you may not interfere with or disrupt the operation of the Website and our Social Media (or related applications), including restricting or inhibiting any other person from using the Website and our Social Media (or related applications) by means of hacking, or defacing any portion of the Website and our Social Media (or related applications). Further, transmitting or otherwise making available in connection with the Website and our Social Media (or related applications) any virus, worm, Trojan horse, root kit or other harmful code is prohibited.

Moreover, you may not interfere with or violate any other Website/Social Media/application visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website/Social Media/application visitors or users, or about GOAT USA’s employees and representatives identified on the Website, and our Social Media (or related applications) without their express consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website and our Social Media (or related applications). Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, or our Social Media (or related applications),   including GOAT USA’s or any other party’s intellectual property therein, without our prior express written authorization.

Certain portions of our Website may be protected by passwords or require a login. If you have been given a password for access to non-public areas of the Website, you are solely responsible for all activities occurring in connection with or originating from such password. You should take steps to protect the confidentiality of such password and notify GOAT USA immediately if you become aware of any disclosure, loss, theft or unauthorized use.

1. OWNERSHIP OF CONTENT. Except for Submissions (defined below), all of the content on our Website and Social Media (and related applications) - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by GOAT USA or others we license Content from or fairly use, and is protected by copyright, trademark, patent and other laws. GOAT USA reserves all rights not expressly described in these Terms.

• All trademarks, service marks and trade names (e.g., the GOAT USA name, logos and the Chuck the GOAT name and design) are owned, registered and/or licensed by GOAT USA.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Website, Social Media (or related applications) or Content.
• You agree not to change or delete any ownership notices from materials downloaded or printed from the Website or Social Media (or related applications).
• To the extent GOAT USA approves the download or use of Content comprised of copyrights or copyrightable works, GOAT USA grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as GOAT USA makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  GOAT USA reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  Any violation of these Terms shall be deemed a revocation of a license to the Content from its beginning.  GOAT USA reserves the right to take down any Content in violation of these terms or GOAT USA’s intellectual property rights.  GOAT USA allowing you this limited use does not constitute a waiver of any of GOAT USA’s rights to the Content. 
• Any content you create using GOAT USA’s content, name, and/or logos or trademarks and submit to us or post on our Website or Social Media (or related applications) shall become our property.
• Outside of the specific usage rights granted to you by GOAT USA in connection with the Website and/or Social Media (or related applications), or in connection with any specific use authorized by us in writing, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including Submissions (unless it is your own content that you legally post on Social Media), without GOAT USA’s prior written consent. Unauthorized use of the Content may constitute a breach of these Terms and a violation of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

1. POSTING OR SUBMITTING USER GENERATED CONTENT

By posting or submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to GOAT USA, through feedback, email message, social media postings, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) you represent and warrant that you have the right to post and/or submit your Submissions; (c)  you grant GOAT USA a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any name, image or likeness of any person that appears in the Submission, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, sublicense, distribute and assign these rights;  (d) your Submissions automatically become the property of GOAT USA without any obligation of GOAT USA to you, with no right of attribution and no right to compensation; (e) GOAT USA is not under any obligation of confidentiality relating to the Submissions, either express or implied; (f) GOAT USA, in its sole discretion, shall be entitled to use the Submissions in any way, manner, purpose or otherwise, worldwide, without any further approval or compensation; (g) GOAT USA may have under consideration or development similar ideas to the Submissions; and (h) you are not entitled to any compensation or reimbursement of any kind from GOAT USA in exchange for the Submissions.

Further, GOAT USA may access and use the Website and any information stored thereon, including the contents of any Submissions, for any lawful purpose. Further, we may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.

GOAT USA is not responsible for any Submissions others post to the Website or our Social Media (or related applications). GOAT USA may, in its sole discretion, remove any Submissions at any time. You understand that deleted Submissions may persist in GOAT USA’s systems and on our Social Media to the extent your Submission has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

1. THIRD-PARTY CONTENT AND ACTIVITIES. From time to time, GOAT USA may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Website or our Social Media, but this does not mean GOAT USA endorses, monitors or has any control over these Third Parties or their content or activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites’, terms of use and privacy policy. GOAT USA is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
2. PHYSICAL ACTIVITY.  [See Canada terms, because the following exclusions and limitations may not apply to you.] The Website and/or our Social Media (and related applications) may include features that promote physical activity, sports or general wellness.  They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. You must consider the risks involved and consult with your medical professional before engaging in any physical activity. Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Website or on our Social Media (or related applications). TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GOAT USA IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE WEBSITE AND/OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS).
3. SOCIAL MEDIA USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of our Social Media or any damage or harm you may experience because of these interactions. You acknowledge and agree that you must be responsible and take precautions when interacting with other users (including users you do not know) on our Social Media, and you must comply with the acceptable use and conduct guidelines of the respective platforms. GOAT USA is under no obligation to become involved with any user dispute, but may do so at its own discretion.
4. WARRANTY DISCLAIMER.  THIS WEBSITE, OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), CONTENT, AND THE MATERIALS AND PRODUCTS MADE AVAILALE THEREIN ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY GOAT USA. GOAT USA DOES NOT GUARANTEE THAT WEBSITE AND/OR OUR SOCIAL MEDIA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR OUR SOCIAL MEDIA ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.  

TO THE FULLEST EXTENT PERMITTED BY LAW, GOAT USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, OUR SOCIAL MEDIA, CONTENT, SUBMISSIONS AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE WEBSITE AND/OR OUR SOCIAL MEDIA, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

GOAT USA PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THIS WEBSITE AND OUR SOCIAL MEDIA (AND RELATED APPLICATIONS) WITHOUT NOTICE. GOAT USA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS.  TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GOAT USA IS NOT RESPONSIBLE OR LIABLE FOR ANY SUBMISSIONS POSTED ON THE PLATFORM.    ALSO, NOTHING CONTAINED ON THIS WEBSITE OR OUR SOCIAL MEDIA SHALL BE INTERPRETED AS ADVISING YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW. [See Canada terms.]  

You are solely responsible for any damage to your Device resulting from accessing the Website and/or our Social Media (and related applications), to the extent applicable law does not provide otherwise.

We hope you enjoy and get the full benefit of the Website and/or our Social Media (and related applications); however, we do not guarantee any results.

1. TERMINATION

GOAT USA may terminate or modify the Website and/or our Social Media (or related applications), product or service at any time without notice.

GOAT USA may delete any of your Submissions, and restrict your use of all or any part of our Website, Social Media (or related applications) at any time and for any reason, without any liability to GOAT USA, subject to applicable law.    

You understand and agree that some of your Submissions, particularly that which is displayed in an activity feed or in other public places on our Social Media, may continue to appear publicly even after your account is terminated, subject to your right to have your Submissions removed upon request in accordance with applicable law.

These Terms remain in effect even after your account is terminated or you have stopped using our Social Media (or related applications).

1. INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy our Website and our Social Media (or related application), but GOAT USA must also protect itself from any damages you may cause.

Indemnification and RELEASE.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. [See Canada terms.] You agree to indemnify, defend, and hold harmless GOAT USA, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “GOAT USA Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your Submissions, your use of Content, your use of the Website and our Social Media (or related application), your conduct in connection with the Website and our Social Media (or related application) or with other users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the GOAT USA Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform, and covenant not to sue the GOAT USA Parties.

LIMITATION OF LIABILITY.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada terms.]  NONE OF THE GOAT USA PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF OUR SOCIAL MEDIA (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A GOAT USA EVENT OR GOAT USA PARTNER EVENTS, OR ANY SUBMISSIONS OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE WEBSITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), EVEN IF GOAT USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST GOAT USA PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR ANY CONTENT IS TO STOP USING THE WEBSITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS). IF ANY GOAT USA PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR ANY CONTENT, SUCH GOAT USA PARTY’S LIABILITY SHALL NOT EXCEED US$100.00.  ANY CLAIMS MADE AGAINST GOAT USA MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

1. ENFORCEMENT OF THE AGREEMENT

GOAT USA may investigate any reported, alleged or suspected violation of these Terms, and take any action that GOAT USA, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or our Social Media (or related applications) or complete termination of such access, at any time. Additionally, GOAT USA reserves the right to bring suit for any violation of this Agreement.

1. DISPUTES / ADDITIONAL TERMS

Choice of Law/Jurisdiction

If you live in Canada, different “Choice of Law/Jurisdiction” terms may apply to you.

• You agree that the Website, Terms, Privacy Policy and any dispute between you and GOAT USA shall be governed in all respects by New York law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
• Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website and our Social Media (or related applications) (including but not limited to the purchase of GOAT USA products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Nassau County, New York, USA.
• You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Nassau County, New York.
• All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic Communications

• By using the Website and/or our Social Media, you agree to receive certain electronic communications from GOAT USA, subject to applicable law.
• You agree that any notice, agreement, disclosure or other communication that GOAT USA sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability, Entire Agreement

• GOAT USA may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. 
• GOAT USA’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or GOAT USA’s rights. Users should always assume these Terms apply.
• If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

• These Terms (inclusive of the hyperlinked documents which are incorporated herein) constitute the entire agreement between GOAT USA and you in relation to your use of the Website and/or our Social Media (or related applications), and supersede all prior agreements and understandings.

Age Requirements

• In order to purchase products through our Website, you must be 18 years of age or over. By using the Website, you confirm that you possess the legal authority to enter into these Terms, including instructing us and/or our vendors to collect any payments from a credit or debit card, and to use the Website in accordance with these Terms. You confirm that all information supplied by you in using the Website, our Social Media (or related applications) is true and accurate.
• The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that GOAT USA discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.
• Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

CANADA-SPECIFIC TERMS  

If you live in Canada, these additional terms apply and override any inconsistent terms in the Terms of Use.

CANADA

Introductory Paragraph:

The section titled “Our Terms May Change” is qualified by the following:

“(a) GOAT USA must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending GOAT USA a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in GOAT USA’s obligations.”

MULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:

“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”

SECTION 10 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:

“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."