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MyGoalTracking Terms of Use
MyGoalTracking
801 Lighthouse Ave Suite #207
Monterey CA 93940
866-867-8464 toll free
info@mygoaltracking.com

Introduction

Although we may attempt to notify you via the email address in your account settings when major changes are made, you should visit this page periodically to review the terms. MyGoalTracking may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the MyGoalTracking service. In the event of an inconsistency between the MyGoalTracking Terms of Use and the MyGoalTracking Privacy Policy, the MyGoalTracking Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. Description of Service

MyGoalTracking is an online database management system (the "Service"). Currently, there are no third party advertisements in our system and we do not plan to allow them. But, you understand and agree that the Service may include content-targeted ads or other related information in the future, as further described below and in the MyGoalTracking Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. MyGoalTracking disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. MyGoalTracking also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. Personal and Business Use

The Service is made available to you for your personal or business use. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. MyGoalTracking reserves the right to refuse service to anyone at any time without notice for any reason.

3. Proper Use

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by MyGoalTracking; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service unless you have the legal right to do so; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates these Terms of Use, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. MyGoalTracking reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

4. Content of the Service

MyGoalTracking takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does MyGoalTracking have any obligation to monitor such third party content. MyGoalTracking reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. MyGoalTracking also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of MyGoalTracking, its users and the public. MyGoalTracking will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

5. Intellectual Property Rights

MyGoalTracking's Intellectual Property Rights. You acknowledge that MyGoalTracking owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "MyGoalTracking Rights"), and such MyGoalTracking Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The MyGoalTracking Rights include rights to (i) the Service developed and provided by MyGoalTracking; and (ii) all software associated with the Service. The MyGoalTracking Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

6. Your Intellectual Property Rights

MyGoalTracking does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your MyGoalTracking account. We will not use any of your content for any purpose except to provide you with the Service.

7. Representations and Warranties

You represent and warrant that (a) all of the information provided by you to MyGoalTracking to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

8. Privacy

As a condition to using the Service, you agree to the terms of the MyGoalTracking Privacy Policy as it may be updated from time to time. MyGoalTracking understands that privacy is important to you. You do, however, agree that MyGoalTracking may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the MyGoalTracking Privacy Policy. Personal information collected by MyGoalTracking may be stored and processed in the United States or any other country in which MyGoalTracking or its agents maintain facilities. By using MyGoalTracking, you consent to any such transfer of information outside of your country.

9. Advertisements

As consideration for using the Service, you agree and understand that MyGoalTracking may display ads and other information adjacent to and related to the content of your information. MyGoalTracking may serve relevant ads using a completely automated process that enables MyGoalTracking to effectively target dynamically changing content. No human will read the content of your content in order to target such advertisements or other information without your consent, and no content or other personally identifiable information will be provided to advertisers as part of the Service.

10. Account Inactivity

After a period of inactivity, MyGoalTracking reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the email address associated with that account will be used in efforts to contact you. MyGoalTracking considers an account inactive when there are no log-in records for a period more than 30 days.

11. Publicity

Any use of MyGoalTracking's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement.

12. Termination; Cancellation

You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to MyGoalTracking. MyGoalTracking may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless MyGoalTracking has previously canceled or terminated your use of the Services (in which case subsequent notice by MyGoalTracking shall not be required), if you have provided an email address, MyGoalTracking will notify you via email of any such termination or cancellation, which shall be effective immediately upon MyGoalTracking's delivery of such notice. Sections 3, 4, 5, 7, and 11 - 13 of the Agreement shall survive expiration or termination.

13. Indemnification

You agree to hold harmless and indemnify MyGoalTracking, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MyGoalTracking will provide you with written notice of such claim, suit or action.

14. Choice of Law; Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Monterey County, California, and you consent to the jurisdiction of such courts.

15. Payment of Fees

MyGoalTracking provides the Service to some site visitors for no-charge. MyGoalTracking also provides the Service to some site visitors for a fee. If your account type has a fee associated with it, it is your responsibilityt to ensure that your account remains in good standing. Delinquent accounts will be terminated. Delinquent accounts are accounts with outstanding balances older than 30 days. In the event an account is terminated, the email address associated with the terminated account will be notified.

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