Terms Of Service

Please carefully read and understand these terms and conditions of use & sale (these “terms”) before accessing, using, or subscribing or placing an order over www.goatsites.co. 

The use of www.goatsites.co or other sites to which these Terms are linked (each, a “Website”), owned and maintained by Goat Sites, LLC (“Goat Sites,” “we,” “our,” “us”), are governed by these Terms.  We offer the Website, including all information, tools, and services available from the Website to you, the user, the customer, conditioned upon your acceptance of all terms and conditions stated herein.  By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.  

This is a binding agreement.  These terms form a legally binding agreement (the “agreement”) between you and your business (“you”) and Goat Sites.  This agreement governs your access to and use of the website and the services provided by Goat Sites, any order you place through the website, by telephone, or other accepted method of purchase and, as applicable, your use or attempted use of the products or services offered on or available through the website. please print and retain a copy of this agreement for your records.

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults.  If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

Goat Site’s trademark and logo are proprietary marks of Goat Sites, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Goat Sites.

SECTION 3 - DESIGN TERMS

Goat Sites creates websites using Squarespace, a subscription-based web application that provides integrated website hosting, content management tools, and design tools that are accessed through a web browser.  We don’t work for Squarespace, and the subscription to the Squarespace service will be your responsibility, meaning you will be liable to pay the subscription fee (if not under the package we provide) and accept their Terms of Service in order to have your website hosted on their platform.

We will use the Squarespace tools to adapt a Squarespace template to make your overall website appearance and individual page layouts match your aesthetic wishes as closely as possible. We’ll use the Squarespace tools to provide the interactive functionality on your site. We don’t have the ability to alter the core functionality of the Squarespace platform, the website we create for you will be constrained by the  functions provided by Squarespace.  We can expand the capabilities of your website by incorporating other web applications, if those applications are compatible with the Squarespace platform. If we use a third party application for your website, the accounts will be set up by you (or on your behalf by us), and you will be liable to accept the terms and conditions and pay any associated costs for using any such service.

Since your website will be built on the Squarespace platform, your core website will be functional in any of the browsers supported by Squarespace. However, should we incorporate any third party applications, these applications may have different levels of browser support, which you can find on those third party websites or by contacting them directly if you aren’t using our support maintenance on our site.

Although most of the design work is conducted within the Squarespace interface and not by writing code, in some cases, we may apply plugins, CSS , HTML and/or JavaScript code to further adapt the Squarespace template.  If we do this, we promise to use the latest standards for these languages, and to test any such custom coding on the main browsers on mobile, tablet and desktop devices.

Since browser technology and web applications change over time, we make no guarantee that embedded third party applications or custom code will continue to operate in the desired way at any time after we conclude your project. In the unlikely event that Squarespace, the third party, or web browser technology changes in such a way that this breaks your website, reach out to us to discuss your options.

SECTION 4 – OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information.  Your submission of personal information through the Website is governed by our Privacy Statement.  

SECTION 5 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS

As a Goat Sites customer, you will be required to create an account within our client portal.  You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person.  You are responsible for maintaining the confidentiality of any password you may use to access your Goat Sites user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party.  You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a Goat Sites user, such as technical information, our pricing, our business strategy, and data about other past or current Goat Sites users or their customers.

SECTION 6 – ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted.  We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.  Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@goatsites.co in order to modify or cancel your pending order.  We cannot guarantee that we will be able to amend your order in accordance with your instructions. 

All items are subject to availability.  We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service.  If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.  We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.  

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.  

All advertised prices are in, and all payments shall be in, U.S. Dollars. 

SECTION 7 - TIMELINE

Goat Sites will provide you an estimated schedule in which the Service will be performed. The schedule is however an estimate only, and sometimes the work will take longer than expected to complete depending on a number of factors including not providing timely content. Goat Sites does not accept any liability for any Losses caused as a result of the Service not being performed in the estimated time.  

SECTION 8 - CANCELLATION OF SERVICE

With regard to the website design, not the maintenance or any subscription services, see below. You are permitted to cancel the Service at any time. 

Where Goat Sites has commenced work on the provision of the Service, you will not be entitled to a refund of any monies paid to Goat Sites, except where expressly authorized, in writing, by Goat Sites. Where the Goat Sites has carried out work in value greater to any monies paid to Goat Sites, you shall be required to make an additional payment up to the value of the work carried out until the point of cancellation. It is the Goat Sites’ sole discretion to indicate the value of the work carried out.

Any refund will be processed by Goat Sites within 14 days.

Should you cancel the service before the Goat Sites has commenced work, a full refund of monies paid to you shall be issued by Goat Sites. Such a refund will be processed by Goat Sites within 14 days. 

At the time of cancellation, anything that is not transferred to you, including but not limited to, all website files, email accounts, and e-mails will be deleted from our server.

SECTION 9 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT 

A Goat Sites user or customer is responsible for paying all sums due to Goat Sites in connection with their monthly subscription in accordance with these Terms.  The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access.  Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”).  Failure by the Goat Sites user to use any of the services available through the service provided by Goat Sites does not relieve the Goat Sites user of their payment obligations under these Terms. 

Potential users can pay by credit card or debit card.  Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.  You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).  

Goat Sites reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice).  Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Goat Sites starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.

In addition to any Fees, Goat Sites may also charge applicable value added or other tax.

SECTION 10 - SUBSCRIPTION CANCELLATION

If you wish to cancel your Goat Sites subscription (including subscriptions for services) at any time you must submit a cancellation request to us via our support email address support@goatsites.co.  For monthly subscriptions (including subscriptions for services), we require at least thirty (30) days’ notice of cancellation by email.  If you provide such notice less than Thirty (30) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Goat Sites. Goat Sites in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted. 

Goat Sites can change the monthly membership subscription rate at any time.  If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.

SECTION 11 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

Products, services, and prices are generally posted at the following URL, but are subject to change: www.goatsites.co. At times, Goat Sites may also offer additional services, which will be described when offered but nonetheless governed by this Agreement.  Goat Sites reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Goat Sites to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Goat Sites services, and unless you terminate your subscription as provided herein, you agree that Goat Sites may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after email notice has been provided to you.

Goat Sites takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website.  If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

When ordering products or services, please note that Goat Sites does not warrant that product or service descriptions are accurate, complete, current, or error-free. All sales are deemed final. Goat Sites’ descriptions of, or references to, products or services not owned by Goat Sites are not intended to imply endorsement of that product or service, or constitute a warranty by Goat Sites ie. SquareSpace & plugins/extensions.

SECTION 12 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY

Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services.  Therefore, individual results will vary from user to user. Your business’ individual results will vary depending upon a variety of factors unique to your business, including but not limited to your content, business model, and product and service offerings.  

Goat Sites does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Goat Sites will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings.  However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.  Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back.  You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others.  Also, we do not offer any tax, accounting, financial, or legal advice (including policy information). You should consult your business’ accountant, attorney, or financial advisor for advice on these topics. 

Goat Sites is also not responsible for direct, indirect, consequential, loss of profits, loss of income/sales, loss of goodwill, loss of search engine rankings, loss of advertising costs, loss of use, loss of data or any other intangible losses.

SECTION 13 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Goat Sites services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.  You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Goat Sites if any investigation or lawsuit is threatened or filed against you, whereupon Goat Sites shall have the right to terminate this Agreement without liability.  Goat Sites shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers. Goat Sites shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.  You agree to indemnify Goat Sites in the event that you and/or your business violates any law and a claim is threatened or asserted against Goat Sites as a result. 

SECTION 14 – AFFILIATE PROGRAM

If you are a Goat Sites’ user who chooses to display a “made with Goat Sites” Affiliate link on the bottom of your websites, you will have the opportunity to receive a Affiliate commission when another person (a “Prospect”) signs up with our services by using your Affiliate link, the Prospect makes payment, and a “Sale” is registered (each such account is a “Sold Account.”)  

Goat Sites may offer you an opportunity to become an affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for referrals to other users subject to your acceptance of the terms of the Goat Sites Affiliate agreement (the “Affiliate Agreement”). Goat Sites reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts.  Affiliate commission is further discussed in the Affiliate Agreement.  For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Goat Sites.  Affiliates have no authority to act on behalf of or bind Goat Sites. Goat Sites shall be solely and exclusively responsible for all their costs and other expenses incurred for their own promotion. 

To find out more information about the Affiliate program and the additional terms that apply, please CLICK HERE. For avoidance of doubt, all Sections of these Terms apply to you in your role as an Affiliate, unless expressly provided otherwise. 

SECTION 15 - CUSTOMER INTELLECTUAL PROPERTY

As a user, you guarantee that all elements of text, images or other artwork provided for use in delivering the Service are either owned by you, or that you have license/permission to use them.

If image sourcing is specified as part of the Service, unless otherwise agreed the images will be licensed to Goat Sites for use on our client websites, and we are responsible for ensuring compliance to copyright laws. However, should you wish to use those images for any other purposes, such as your own brochures or advertising, then we can supply you with information on how to license the images yourselves.

SECTION 16 - WEBSITE DESIGN COPYRIGHT

Unless specified by requested service the copyright on a custom website is transferred to you after full payment has been received for the website and the project is completed. 

A project is considered complete when full development scope has been reached, and project is approved by you. Should you request changes beyond what was agreed to in the original proposal, Goat Sites may complete these changes at additional cost. Once a project is considered complete, you have one business week to launch the website, or provide credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Goat Sites’ discretion. Once a project is complete, all changes requested will fall under website maintenance or change order requests. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by Goat Sites.

SECTION 17 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Goat Sites is pleased to hear from users and customers and welcomes your comments regarding our services and products.  Goat Sites may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it.  Testimonials may be used for any form of activity relating to Goat Sites’ services or products, in printed and online media, as Goat Sites determines in its sole and exclusive discretion.  Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Goat Sites a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them. 

Goat Sites reserves the right, with or without your permission, to display and link their website as part of our portfolio and to write about it on websites, in magazine articles and in books. 

Additionally, Goat Sites reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.  Goat Sites shall be under no obligation to use any, or any part of, any testimonial or product review submitted.  

SECTION 18 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

As a Goat Sites user and/or Affiliate, whether or not you display the Goat Sites affiliate link, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws.  You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times. 

You further understand and agree that Goat Sites has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation SquareSpace, Social Media, and internet browser notifications. 

SECTION 19 – DISCLAIMERS OF OTHER WARRANTIES

Except where otherwise inapplicable or prohibited by law:  the website and all content are provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. we make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this website. We do not represent or warrant, and expressly disclaim that: (a) the use of the website or any software will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data, (b) the website, software, or services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, software, information, or other material purchased or obtained by you through the website will meet your requirements or expectations, (e) errors or defects in the website will be corrected, or (f) the website or the server(s) that make the website available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

SECTION 20– LIMITATIONS OF LIABILITIES

Except where otherwise inapplicable or prohibited by law, in no event shall Goat Sites or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this agreement including the privacy statement, the services or products, your or a third party’s use or attempted use of the website or any software, service, or product, regardless of whether Goat Sites has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages.  This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. 

In no event shall Goat Sites’ liability to you or your business exceed the amount of three (3) times the payments paid by you to Goat Sites for the month preceding the date in which the facts giving rise to a claim against Goat Sites occurred or two-thousand dollars ($2,000), whichever is greater.

SECTION 21 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

Please read this arbitration provision carefully to understand your and your business’ rights.  Except where prohibited by law, you and your business agree that any claim that you or your business may have in the future must be resolved through final and binding confidential arbitration.  You acknowledge and agree that you and your business are waiving the right to a trial by jury. The rights that you and your business would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist.  You agree that you and your business may only bring a claim in an individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms as a court would.

If you have a complaint, dispute, or controversy, you agree to first contact us at support@goatsites.co to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.  We agree that any claim we may have against you or your business will also be subject to this arbitration provision. The arbitration will be conducted by a single neutral arbitrator in the English language in Austin, TX, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Goat Sites

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.  In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Goat Sites agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.  You and Goat Sites expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  

This provision survives termination of your account or relationship with Goat Sites, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.  If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

You understand that you and your business would have had a right to litigate through a court, to have a judge or jury decide your case, and to be party to a class or representative action.  However, you understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration in accordance with this arbitration provision.  

SECTION 22 – GOAT SITES’ ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Goat Sites, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Goat Sites or a third-party, Goat Sites shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Austin, TX restraining such breach, threatened breach, infringement, or threatened infringement.  Nothing in this Agreement shall be construed as prohibiting Goat Sites from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Austin, TX for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.  

SECTION 23 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Gota Sites, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 24 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Goat Sites a notice requesting that Goat Sites remove the materials or content from the Website.  If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Goat Sites a counter-notice. Notices and counter-notices should be sent to Goat Sites - support@goatsites.co. 

SECTION 25 – THIRD-PARTY LINKS

The Website may contain links to other websites.  Goat Sites assumes no responsibility for the content or functionality of any non-Goat Sites website to which we provide a link.  

SECTION 26 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest.  If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Goat Sites or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Goat Sites. Upon termination, you remain responsible for any outstanding payments to Goat Sites.

SECTION 27 – NO WAIVER

No failure or delay on the part of Goat Sites in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement.  A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Goat Sites.

SECTION 28 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning Goat Sites, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Texas without regard to its conflicts of laws principles.  To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Austin, TX, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.  All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 29 – FORCE MAJEURE

Goat Sites will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.  

SECTION 30 – ASSIGNMENT

Goat Sites may assign its rights under this Agreement at any time, without notice to you.  Your rights arising under this Agreement cannot be assigned without Goat Sites’ (or its assigns’) express written consent.

SECTION 31 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication.  When you communicate with Goat Sites through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically.  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.  

SECTION 32 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time in the footer of our website www.goatsites.co.  We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website.  It is your responsibility to check our Website periodically for changes.  Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.  

SECTION 33 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website.  You further represent that Goat Sites has the right to rely upon all information provided to Goat Sites by you, and Goat Sites may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you.  If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Goat Sites of the same within twenty-four (24) hours.  Goat Sites, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Goat Sites without incurring any obligation or liability to you.  

SECTION 34 – SEVERABILITY 

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 35 – ENTIRE AGREEMENT

These Terms, the Privacy Statement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Goat Sites and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Goat Sites.  We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 36 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services.  Please feel free to do so by sending an email to support@goatsites.co