Girls with Goals Terms of Use Agreement
You must agree to all terms and conditions before registering to Girls with Goals.
Your use of Girls with Goals website and the services we offer constitutes your acceptance of all terms and conditions stated in the User Agreement below. By using the servi ces on Girls with Goals website, you are agreeing to the following terms, including those available by hyperlink within Girls with Goals, a Service of On Stones Ledge LLC. If you reside outside of the United States , ( Canada ) you are contracting with On Stones Ledge LLC.
Girls with Goals reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted on Girls with Goals and considered effective 7 days from the date they are posted. If you do not agree to such changes, you may request that we close your account by contacting us.
General Terms
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You must be 18 years and older to use this site or if under 18 be using the site in conjunction with a parent or a legal guardian. You are responsible for any activity that occurs under your username.
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You are responsible for keeping your information and password secure.
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You must not abuse, harass, threaten, impersonate or intimidate other Girls with Goals users.
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You may not use the Girls with Goals service for any illegal or unauthorized purpose.
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You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, post and display on the Girls with Goals service.
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You must not modify, adapt or hack GirlswithGoals.com or modify another website so as to falsely imply that it is associated with Girls with Goals .
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You must not create or submit unwanted email to Girls with Goals members or buyers or anyone using any of the Girls with Goals marketing tools.
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You must not transmit any worms or viruses or any code of a destructive nature.
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You must not, in the use of Girls with Goals , violate any laws in your jurisdiction. Including not following your local and federal tax laws.
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Violation of any of these agreements will result in the termination of your Girls with Goals account. Girls with Goals prohibits such conduct and content on its site, you understand and agree that Girls with Goals is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Girls with Goals service at your own risk.
General Conditions
Girls with Goals reserves the right to modify or terminate the Girls with Goals service for any reason, without notice at any time.
Girls with Goals reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Girls with Goals will notify you via Girls with Goals web site. Girls with Goals reserves the right to refuse service to anyone for any reason at any time.
Girls with Goals may remove content on any place on the Girls with Goals website and accounts containing content that Girls with Goals determines unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, or other policy and community guidelines.
Girls with Goals allows you to upload photos to the Girls with Goals web site. Any photos linking outside of the Girls with Goals web site will be removed. Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, forum avatars, badges and other non-photographic elements on external websites.
You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Girls with Goals, you agree to allow other Girls with Goals users to view them and you agree to allow Girls with Goals to display the images and content on the Girls with Goals web site, in print advertising or any promotion that Girls with Goals does. This includes any content you add to the Girls with Goals web site including but not limited to stored images, item description, profile and other content.
You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, other policy documents and community guidelines as posted on Girls with Goals before you may become a member of Girls with Goals .
Girls with Goals may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Girls with Goals. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on June 1, 2007 for all users.
Membership Eligibility
Girls with Goals services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Girls with Goals services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Girls with Goals members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. Further, you’re Girls with Goals account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Fees and Services
Joining and setting up a shop on Girls with Goals constitutes a fee of $5.00. Girls with Goals charges fees on sales on all items for sale through Girls with Goals. When you sell an item you will be charged a 6 percent on that item. Unless otherwise stated, all fees are quoted in U.S. Dollars .You will have an opportunity to review and accept the fees in your monthly invoice. All Payments are due no later than the 5th of the invoiced month. Girls with Goals Fees and Policy and the fees for Girls with Goals services are subject to change. Changes to the Fees and Policy and the fees for our services are effective after Girls with Goals provides you with at least fourteen (7) days of notice of the changes by posting the changes on Girls with Goals. At Girls with Goals sole discretion, Girls with Goals may change the services at any time. In the event Girls with Goals introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using Girls with Goals service and Girls with Goals and all applicable taxes.
Girls with Goals is a Venue
Girls with Goals is not a retailer. Although Girls with Goals is commonly referred to as an online marketplace, it is important to realize that Girls with Goals is not a traditional "retailer." Instead, Girls with Goals acts as a venue to allow an individual who complies with the Girls with Goals Policies, Terms, Conditions and Agreements to offer, sell, and buy items which comply with the Girls with Goals Policies, within a fixed price format. Girls with Goals is not involved in the actual transaction between buyers and sellers. As a result, Girls with Goals has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Girls with Goals cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Girls with Goals does not transfer legal ownership of items from the seller to the buyer.
Identity Verification
Girls with Goals uses verification techniques to verify the accuracy of the information Girls with Goals users provide to Girls with Goals when they register on Girls with Goals . However, because user verification on the Internet is difficult, Girls with Goals cannot and does not confirm each user's identity. Girls with Goals also encourages you to communicate directly with potential transaction partners through the tools available on Girls with Goals.
Release
Because Girls with Goals is a venue, in the event that you have a dispute with one or more users, you release Girls with Goals (and Girls with Goals owners, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Information Control
Girls with Goals does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Girls with Goals. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Girls with Goals, you agree to accept such risks and that Girls with Goals (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Girls with Goals.
Buying
A buyer is obligated to complete the transaction of a purchase of an item on Girls with Goals in any G-Store immediately at checkout. A buyer is obligated to immediately pay in full when using PayPal by clicking the "checkout" button during checkout.
A seller must abide by all of Girls with Goals policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.
Billing
In order for Girls with Goals to bill the seller for the services you, as a seller, have used, Girls with Goals will invoice you monthly on the first of the month. The invoice must be paid no later than the 5th of that month or your store will become inactive. If payment is not made by the 15th of the month your Girls with Goals account will be put into our collections dept and all efforts to collect the debt will be established. This may also cause your Girls with Goals to become fully inactive and you will no longer or in the future be able to use the Girls with Goals services. To insure that the amount charged is accurate; Girls with Goals will email an invoice to you on the first day of each month listing all of your transactions and the corresponding charges. If there are any items on the invoice which you consider to be inaccurate, please send us an email as soon as possible, so that we can either resolve the issue or eliminate the charge prior to paying your monthly invoice through the paypal payment system. If you are unable to respond in time to avoid a questionable charge, notify Girls with Goals and we will make the appropriate adjustment in the next month's invoice.
Listing and Selling
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
G-Store Policies: All sellers are urged to outline individual G-Store policies. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. Girls with Goals reserves the right to request that a seller modify an individual policy.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance.
Termination: Without limiting any other remedies, Girls with Goals , without notice, may suspend or terminate your account if Girls with Goals suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Girls with Goals policies set out in this Agreement, the Privacy Policy, the Terms and Conditions of Girls with Goals, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Girls with Goals.
Manipulation: The price stated in each Girls with Goals G-Store Item Description must be an accurate representation of the sale. These include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Girls with Goals transaction fees on or off the Girls with Goals web site, and hacking into another account and altering prices. Girls with Goals members may not sell items to buyers or members who were originally purchasing on the Girls with Goals web site. Sellers of Girls with Goals G-Stores may not contact buyers or members to purchase through any other means than on the Girls with Goals G-Store. This will terminate your membership. Neither buyer nor seller, may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.
Prohibited, Questionable and Infringing Items
Definition: "Your Information" is defined as any information you provide to Girls with Goals or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area. You are solely responsible for Your Information, and Girls with Goals acts as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities: Your Activities which results in Your Information (or any items listed) on Girls with Goals shall not:
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- be false, inaccurate or misleading;
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- be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Girls with Goals Policies and Terms;
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-infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
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- violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
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-be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
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- be obscene or contain child pornography
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- distribute or post spam, chain letters, or pyramid schemes
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- contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
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- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
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- link directly or indirectly to or include descriptions of goods or services that:
Circumvent or manipulate our fee structure, the billing process, or fees owed to Girls with Goals
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- are prohibited under this Agreement, the Girls with Goals Terms or other policy documents and community guidelines as posted on Girls with Goals or;
are identical to other items you have for sale but are priced lower
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- harvest or otherwise collect information about users, including email addresses, without their consent
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- are concurrently listed for sale on a web site other than Girls with Goals (this does not prevent linking to or advertising an Girls with Goals item from another web site); or
you do not have a right to link to or include.
Furthermore, you may not list any item on Girls with Goals (or consummate any transaction that was initiated using our service) that, by paying to us the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
Please report problems, offensive content, and policy violations to us.
License: Solely to enable Girls with Goals to use the information you supply us with, so that Girls with Goals is not violating any rights you might have in that Your Information, you agree to grant Girls with Goals a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Girls with Goals will only use Your Information in accordance with Girls with Goals Privacy Policy.
Access and Interference
Much of the information on Girls with Goals is updated on a real time basis and is proprietary or is licensed to Girls with Goals by Girls with Goals or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Girls with Goals for any purpose without our prior express written permission. Additionally, you agree that you will not:
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Site without the prior expressed written permission of Girls with Goals and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
Breach
Without limiting other remedies available, Girls with Goals may, without prior notice, limit your activity, immediately remove your item listings, warn Girls with Goals community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
- you breach this Agreement, the Privacy Policy or other policy documents and community guidelines this Terms of Use incorporates by reference;
- Girls with Goals is unable to verify or authenticate any of Your Information; or
-Girls with Goals believes that your actions may cause financial loss or legal liability for you, Girls with Goals users or Girls with Goals.
Privacy Policy
Girls with Goals does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Girls with Goals only uses your information as described in the Privacy Policy. Girls with Goals users' privacy is an important issue. Girls with Goals stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Girls with Goals services.
No Warranty
GIRLS WITH GOALS, ON STONES LEDGE LLC, OWNERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, THIRD PARTY SERVICES AND APPLICATIONS AND VENDORS AND GIRLS WITH GOALS SUPPLIERS PROVIDE GIRLS WITH GOALS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GIRLS WITH GOALS, GIRLS WITH GOALS SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND GIRLS WITH GOALS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL GIRLS WITH GOALS, AND GIRLS WITH GOALS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR GIRLS WITH GOALS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
GIRLS WITH GOALS LIABILITY, AND THE LIABILITY OF GIRLS WITH GOALS SUBSIDIARIES, OWNERS,OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ETSY IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD GIRLS WITH GOALS AND GIRLS WITH GOALS PARENT , SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items including taxes.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and Girls with Goals are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Girls with Goals Attn: Legal Department; 10400 Courthouse Road #245; Spotsylvania, VA 22553 (in the case of Girls with Goals) or to the email address you provide to Girls with Goals during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Girls with Goals may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Girls with Goals during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
- In the event a dispute arises between you and Girls with Goals, please email Girls with Goals and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Virginia as they apply to agreements entered into and to be performed entirely within Virginia between Virginian residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Girls with Goals must be resolved by a court located in Spotsylvania County, Virginia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Spotsylvania County, Virginia for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against Girls with Goals, a service of On stones Ledge LLC must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Girls with Goals may recover attorneys' fees and costs up to $1500, provided that Girls with Goals has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim
Disclosures
The services hereunder are offered by Girls with Goals , a Service of On Stones Ledge LLC., located in Spotsylvania , Virginia . If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
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