Goal: beyond Terms of Use

Last Updated: 9/19/2022

These terms of use (the “Terms”) are a legal contract between you and goal: beyond, inc. (the “Company”, “we”, “us”, or “our”) and apply to the websites, applications, scholarship applications, communications, and other online interactive features or services (the “Services”) that post a link to these Terms.  “You”, “your”, and “user” refer to any person or entity using the Services. These Terms govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through your use of the Services, or through any third-party website that links to them (“Linked Services”). By using the Services, you are agreeing to all the Terms, our Privacy Policy, and any Additional Terms that may apply; if you do not agree with any of these Terms, do not access or otherwise use the Services.

Note:  These Terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these Terms and with respect to disputes you may have with the Company. You may opt out of the binding individual arbitration and class action waiver as provided below.

Changes.

The Company may make changes to the content offered through the Services at any time. The Company may modify the Terms including the linked policies contained herein from time to time, without prior notice to you. By using our Services after we have updated the Terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms regularly to ensure you are aware of any such changes. The updated Terms will be effective as of the time of posting (include current version effective date), or such later date as may be specified in the updated Terms and will apply to your use of the Services from that point forward.

General Use.

By using the Services, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Services at any time or in any manner or submit any information to the Company or the Services.

The Company provides content through the Services that may be copyrighted and/or trademarked work of the Company or the Company’s third-party licensors, suppliers or other users of the Services (collectively, the “Materials”).  Materials may include logos, graphics, video, images, software and other content.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Services or our content or Materials. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Services. You agree that when using the Services, you will not misrepresent your identity or impersonate any other person. Your use of the Services is limited to the intended function of the Services. Unauthorized use of the Services is strictly prohibited. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission or as expressly provided in these Terms.

You are prohibited from using the Services in any manner that:

Constitutes a commercial use other than for your own use;
Access data that is not intended for you;
Attempts to harvest, collect, gather, or assemble information or data;

Invades the privacy of, obtain the identity of, or obtain any personal information about any other user of the Services;
Probes, scans, or tests the vulnerability of the Services, our network, our security, or authentication measures without proper authorization;
Attempts to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
Sends unsolicited mail, including promotions and/or advertising of products and services;
Is unlawful, fraudulent, or deceptive;

Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
Violates these Terms or any other policies or agreements that you enter into with us;
Fails to comply with applicable third-party terms; or
Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

If you violate any provision of these Terms, we reserve the right to deny you the Services. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you deny you access to the Services.

Please review the Company’s Privacy Policy (the “Privacy Policy“) which explains how the Company uses and discloses that information that you submit to the Company.

Links to Third-Party Sites.

There may be links in or from the Services, or in communications you receive from the Services to other third-party websites and online features that are not our site or services (collectively, “Third-Party Sites”).  The Services may include links to Third-Party Sites and third-party content or services that we do not control, maintain, or endorse. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or online features. You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than the Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides.  The Company does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, COORESPONDANCE, RESOURCES, BUSINESS DEALINGS, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Submissions.

You are responsible for the information, opinions, messages, comments, text, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Services, whether for a scholarship application or otherwise (each, a “Submission”).  You may not upload, post, or transmit on or through the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in the Company Privacy Policy, you agree that any Submission provided by you in connection with the Services is provided on a non-proprietary basis.  You hereby grant to the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions.  We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. The Company agrees to use any personally identifiable information contained in any of your Submissions in accordance with the Company’s Privacy Policy.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below.  

Unauthorized Activities.

When using the Services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

Submit anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

This list of prohibitions provides examples and is not complete or exclusive.  The Company reserves the right to (a) terminate your scholarship application and (b) refuse, delete or remove any Submissions or related scholarship applications; without notice, or for any action that the Company determines is inappropriate or disruptive to the Services.  

Proprietary Rights.

“Goal: beyond” is a trademark of the Company in the United States.  Other trademarks, names and logos on this Services are the property of their respective owners.

Unless otherwise specified by the Company, all information, materials and screens appearing on or through the Services, whether past, present, and future versions, domain names, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, and “look and feel” of the Services, are owned, controlled, and the sole property of the Company.  All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMAPNY AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, SCHOLARSHIP COMMITTEE MEMBERS, OR VENDORS (COLLECTIVELY THE “GOAL PARTIES”) SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SERVICES; AND/OR (B) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE COMPANY OR VIA THE SERVICES.

The Company does not warrant the accuracy or timeliness of the Materials contained on this Site. The Company has no liability for any errors or omissions in the Materials, whether provided by the Company or third-parties.

Indemnity.

You agree to defend, indemnify, and hold harmless the Goal Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or directly or indirectly relating to (a) your use of the Services or activities in connection with the Services; (b) your breach or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; (d) any misrepresentation made by you; or (e) the Goal Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and the Company. You will cooperate as fully required by the Goal Parties in the defense of any claim. The Goal Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Goal Parties. These indemnity obligations shall survive any expiration or termination of your relationship with the Company.

Limitation of Liability.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, ITS SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR DISCONTINUATION OF USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

The Company controls and operates the Services from the United States. If you use this Site outside the United States, you are responsible for following applicable local laws. We reserve the right to limit the availability of the Services and/or the provision of any content, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Dispute Resolution and Arbitration; Class Action Waiver.

Except as expressly provided below, you agree that any claim, dispute or controversy arising out of or that is related to the Services, your use of the Services, breach of this Terms or any other related agreement, whether based on statute, contract, tort or any other legal theory (any “Claim”) shall be, at our or your election, submitted to and resolved on an individual basis by binding arbitration under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the “FAA”) before the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules, in effect at the time the arbitration is brought, or before any other party that you and we agree to in writing, provided that such party must not have in place a formal or informal policy that is inconsistent and purports to override the terms of this Arbitration Agreement. The AAA Rules are available online at www.adr.org.

EFFECT OF ARBITRATION AWARD: Any state or federal court with jurisdiction and venue may enter an order enforcing this Arbitration Agreement, enter judgment upon the arbitrator’s award and/or take any action authorized under the FAA. For any arbitration-related proceedings in which courts are authorized to take action under the FAA, each party expressly consents to the non-exclusive jurisdiction of any state court of general jurisdiction or any state court of equity that is reasonably convenient to us, provided that the parties to any such judicial proceeding shall have the right to initiate such proceeding in a federal court or remove the proceeding to federal court if authorized to do so under applicable federal law.

IMPORTANT WAIVERS: WHETHER OR NOT A PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, OR OTHERWISE TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT (OTHER THAN IN AN ACTION TO ENFORCE THE ARBITRATOR’S AWARD). FURTHER, WHETHER OR NOT A PARTY CHOOSES ARBITRATION, NO PARTY WILL HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT PARTIES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS BASIS, AND CLAIMS BROUGHT BY OR AGAINST ME MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON. 

If you reside in the U.S., any arbitration hearing shall take place within the federal judicial district in which you reside. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law gives a right to recover any of those fees from the other party. If the claim is for $10,000 or less, parties agree that counter party may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. All fees and expenses of the arbitrator and administrative fees and expenses of the arbitration shall be paid by the parties as provided by the Consumer Arbitration Rules of the AAA, or by specific ruling by the arbitrator, or by agreement of the parties. The arbitrator shall have the authority to award in favor of the individual party seeking relief all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (subject to constitutional limits that would apply in court), and attorneys’ fees and costs. In addition, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted in that party’s individual claim. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrator’s fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.

General.

The Company prefers to advise you if the Company feels you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by the Company, may result in immediate termination of your scholarship application, and removal from any further scholarship consideration, without prior notice to you.  

If you have any questions about these Terms or otherwise need to contact the Company for any reason, you can reach us at info@goalbeyond.org.

Effective Date: 9/19/2022