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Terms of Use

Effective Date: November 20, 2020

Welcome to the Goody App!

BY ACCESSING OR USING THE APP YOU ARE INDICATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY
THE TERMS.

If you are accepting or agreeing to the Terms on behalf of a company or other
legal entity, you represent and warrant that you have the authority to act on
behalf of and bind that entity to the Terms.

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE APP OR SERVICES.

 1.  ABOUT THE TERMS
 2.  ABOUT THE APP
 3.  ACCOUNTS
 4.  PAYMENT TERMS
 5.  USER CONDUCT GUIDELINES
 6.  INTELLECTUAL PROPERTY OWNERSHIP
 7.  THIRD PARTY TERMS
 8.  WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
 9.  GOVERNING LAW & DISPUTE RESOLUTION
 10. MISCELLANEOUS
 11. REFERRALS


1. ABOUT THE TERMS


1.1. KEY TERMS

As used in these Terms of Use:

 * “App” refers to any downloadable application (including, a mobile
   application) owned or operated by Goody, through which access to the Services
   is available. References to the “App” include any and all features,
   functionality, tools and content available on or through each such
   application.
 * “App Content” refers to any and all videos, text, photos, information and
   other content included, provided or made available on or through the App,
   including all User Content except Your Content.
 * “Goody,” “we,” or “us” refer to Goody Technologies, Inc. and our officers,
   directors, employees, contractors and agents.
 * “Products” refers to the third party goods provided by Goody.
 * “Recipient” refers to a User accessing the Services via the App to receive a
   Product from a Sender.
 * “Sender” refers to a User accessing the Services via the App to send a
   Product to a Recipient.
 * “Services” refers to the Product gifting services provided by Goody and its
   service providers, and any and all related services and promotions.
 * “User Content” refers to text, photos, information and other content
   recorded, stored, shared or otherwise made available or caused to be made
   available by Users on or through the App.
 * “Users” means any and all persons that access or use the App, including you.
   Users may be either a Sender or Receiver depending on how the Services are
   used. References to “access” and/or “use” of the App (and any variations
   thereof) include the acts of accessing or browsing the App, and accessing or
   using the Services.
 * “Your Content” refers to User Content that is provided or made available or
   caused to be made available by you.


1.2. APP RULES AND SUPPLEMENTAL TERMS

Your access to and use of the App is governed by the terms and conditions of
these Terms of Service, our Privacy Policy, currently located on the App (as
described in more detail below), any and all other policies and rules referenced
herein, posted on the App, or otherwise communicated to users (the “App Rules”).

Certain of the features, functionality, tools, content and promotions available
on or through the App may be subject to additional or supplemental terms and
conditions (“Supplemental Terms”). If you choose to access or use those
features, functionality, tools or content or participate in those promotions,
the applicable Supplemental Terms are also incorporated and deemed part of these
Terms of Use.

If there is a conflict between these Terms of Use and the Supplemental Terms,
the Supplemental Terms will govern and control with respect to the applicable
features, functionality, tools, content and promotions.

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, APP RULES AND ALL APPLICABLE
SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS
AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION
WITH YOUR USE OF THE APP. FOR EXAMPLE, THE TERMS INCLUDE:

 * INFORMATION ABOUT THE FUNCTIONAL LIMITATIONS OF THE APP AND/OR THE SERVICES;
 * YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
 * LIMITATIONS OF OUR LIABILITY TO YOU; AND
 * A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING
   MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER
   THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE APP AND SERVICES IS CONDITIONED ON YOUR ACCEPTANCE
OF AND COMPLIANCE WITH THESE TERMS.


1.3. AMENDMENT OF TERMS

Goody reserves the right, in its sole discretion, to amend the Terms, at any
time and without prior notice, including to change, modify, add to, update or
remove terms and conditions (collectively “amend” or “update”). If we choose to
amend the Terms, we will update the Effective Date at the top of the Terms and
post the updated version. We may also, at our option, choose to notify you by
e-mail or another means. By continuing to use the App after we have posted an
updated version of the Terms or otherwise notified you of an update, you are
affirming that you agree to be bound by the amended Terms. This provision is
subject to a few limitations in the “Dispute Resolution” section below. If the
amended Terms are not acceptable to you, your only recourse is to stop using the
App.

No other modification, amendment, supplement of or to the Terms will be binding
on Goody unless it is in writing and signed by an authorized representative of
Goody.


2. ABOUT THE APP


2.1. LICENSE TO USE

Subject to your compliance with the Terms, Goody grants you a limited
non-exclusive, non-transferable, non-assignable and non-sublicensable license to
access and use the App and Services, including the right to download and install
a copy of the App on each mobile device that you own or control, for your own
personal use only, and not for use for any business purpose or commercial
activity. This license is granted for the sole purpose of enabling you to use
and enjoy the benefit of the App as provided by Goody, in the manner permitted
by the Terms.


2.2. SET-UP AND OPERATING REQUIREMENTS

In order to use the Services, you must:

 * have internet access (e.g., WiFi or 3G /4G with a data plan);
 * download the App on your smartphone or tablet;
 * register for an Goody account (as set forth in more detail below in the
   “Accounts” section below);
 * provide and maintain complete, accurate and up-to-date account information,
   including contact information for your Goody gift recipients.

If any of the above requirements are not met, you will not be able to use some
or all of the Services.


2.3. ACKNOWLEDGEMENTS

YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:

 * GOODY DOES NOT AND CANNOT GUARANTEE THAT THE APP WILL BE CONTINUOUS OR
   ERROR-FREE.
 * IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR APP
   IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING
   ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE APP.
 * YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR CONTENT.
   ABUSE OF THE SERVICES MAY SUBJECT YOU TO CIVIL AND CRIMINAL FINES AND
   PENALTIES.


2.4. MODIFICATIONS AND UPDATES TO THE APP AND SERVICES

Goody reserves the right, in its sole discretion, to modify or discontinue
offering the App and/or Services, in whole or in part, including any features,
functionality, tools or content thereof, at any time, for any reason or no
reason, with or without notice to you. We also retain the right to impose limits
on your use and storage of Your/ the User Content at our sole discretion at any
time without prior notice to you.

We may from time to time develop and provide updates for the App, which may
include upgrades, bug fixes, patches and other error corrections and/or new
features, functionality, tools or content (collectively, “Updates”). Updates may
also modify or delete features, functionality, tools or content in their
entirety. Based on your mobile device settings, when your mobile device is
connected to the internet either: (a) the Updates will automatically download
and install; or (b) you may receive notice of or be prompted to download and
install available Updates. Please promptly download and install all Updates. If
you do not, portions of the App may not properly operate. All Updates will be
deemed part of the App and be subject to all terms and conditions of the Terms.

You agree that Goody has no obligation to provide any updates or to continue to
provide or enable any particular features, functionality, tools or content, and
will not be liable with respect to any such modifications, discontinuance or
deletions.


2.5. INTERNATIONAL USERS

The App is controlled and operated within the United States and is not intended
for use outside of the United States. You are hereby prohibited from accessing
or using the App from any territory where the App or any of the features,
functionality, tools, content thereof, is illegal. If you choose to access the
App from a location outside the United States, you do so at your own risk and
you are solely responsible for compliance with applicable laws, rules and
regulations, including export laws and any regulations and local laws regarding
online conduct and content.


3. ACCOUNTS


3.1. ACCOUNT REGISTRATION

While certain App Content and Services are publicly available, you must register
for a user account before you are able to use certain of the Services. You may
register to create an account directly via the App.

You may not register for an account on behalf of any person (other than
yourself).

No person or entity may have more than one active account at any given time.


3.2. ACCOUNT SET-UP

Your account and account profile page will be created based upon the information
you provide to us. You agree to provide complete, accurate and up-to-date
information during the registration process and to update such information as
necessary to ensure that it remains complete, accurate and up-to-date. Please
note that the name and contact information that you submit when you register
will be shared in accordance with your selections in your account settings when
you share Your Content.

When you create your account, you will be asked to provide and verify your phone
number. You agree to immediately notify Goody of any unauthorized use of your
account. You further acknowledge and agree that you will be solely responsible
for any activities or actions on or through your account, whether or not you
have authorized such activities or actions. Goody cannot and will not be liable
for any loss or damage arising from your failure to comply with the above
requirements.


3.3. ACCOUNT SUSPENSION AND CANCELLATION

You may cancel your account at any time.

We may, in our discretion, without liability to you and without limiting our
other remedies, with or without prior notice and at any time, decide to (i)
limit, suspend, deactivate or cancel your account and take technical and legal
steps to prevent you from using our App and Services at any time for any reason,
and (ii) screen or delay the posting or delivery of Your Content.

Goody reserves the right to suspend or terminate your account or your access to
the App if you create more than one account, or if any information provided
during the registration process or thereafter is determined to be incomplete,
inaccurate, outdated, deceptive or fraudulent.

We reserve the right to cancel unconfirmed accounts or accounts that have been
inactive for a prolonged period of time. We also reserve the right to cancel
accounts of Users who fail to comply with the Terms, including the terms and
conditions regarding User conduct, as set forth in the “User Conduct Guidelines”
section below and elsewhere in the Terms.

If your account is deactivated or cancelled, Goody will have the right, but not
the obligation to delete Your Content.

If Goody has suspended your account due to your actual or suspected breach of
the Terms, such suspension will continue until the suspected breach is cured or
otherwise resolved to Goody’s reasonable satisfaction.


4. TERMS OF SALE


4.1. PRODUCTS

Products shall be initially selected by Sender via the App. Recipient will have
the option of accepting the originally selected Product, or an alternative
Product of equal or lesser value. No Recipient is entitled to the receipt of any
Product until Sender has confirmed the final order and the Product has shipped.


4.2. PRICES

As the Sender, you acknowledge that the amount billed may vary due to
promotional offers, the particular Products in each delivery or changes in
applicable taxes, tax estimates or other charges, and you authorize us (or our
third party-payment processor) to charge your payment method for the
corresponding amount. We reserve the right to adjust prices as we may determine
in our sole discretion, at any time and without notice. The shipment of Products
to your designated Recipient after our delivery of such notice will confirm your
acceptance of such changes, unless you cancel your order in advance of such
shipment.


4.3. PAYMENT/CREDIT CARDS

YOU ARE RESPONSIBLE FOR PROVIDING GOODY WITH VALID CREDIT CARD OR PAYMENT
ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Please note that the
payment information, including name and contact information, that you submit
when you register may be used and shared with our payment processing services
provider and otherwise used in accordance with our Privacy Policy. We may
contact you via email regarding your account, for example, in connection with a
problem with your credit card or payment account. In the event a Sender selects
either an autopay or prepay selection, all orders shall be deemed confirmed upon
Goody’s receipt of confirmation with the Recipient, and no further action will
be required by Sender to confirm the order.


4.4. ORDERS; REFUNDS

All of our Products are subject to availability, and we reserve the right to
impose quantity limits on any order, to reject all or part of an order, to
discontinue offering certain Products and to substitute Products without prior
notice. Orders placed by Senders may be changed or cancelled for an applicable
refund until the time of shipment. Unless Goody agrees or states otherwise in
writing, all other fees and charges are nonrefundable. Under no circumstances
shall Recipients be entitled to refunds or credits for any unconfirmed or
cancelled orders.


4.5. SHIPPING; DELIVERIES

As a Sender, you agree to pay any shipping and handling charges shown at the
time you confirm an order. When you initially select a Product from our App, any
taxes and shipping times shown are estimates only. Actual taxes and delivery
dates may vary. All Products should be shipped to you personally and are not for
resale or export.

Any individual at the delivery address who accepts a delivery from us is
presumed to be authorized to receive such delivery on behalf of the intended
Recipient.


4.6. SALE OF ALCOHOL

Goody may allow third parties to offer goods or services on the Website. Goody
undertakes to be as accurate as possible with all information regarding the
goods and services, including product descriptions, pricing, and images.
However, Goody does not guarantee the accuracy or reliability of any product
information, and you acknowledge and agree that you purchase such products at
your own risk.

We do not sell, offer to sell, or solicit sales of alcohol. Our Website enables
you to search online for alcohol and other products available for sale by
alcohol beverage licensees including retailers, wineries and other parties
permitted to sell alcohol directly to consumers (“Licensees”). The service is
not meant to facilitate any improper furnishing of inducements by any
manufacturer, importer, supplier, wholesaler, or distributor of alcohol
beverages to any retailer of alcoholic beverages or to facilitate any improper
exclusionary practices by any alcohol beverage licensee. When you search for a
product, the service shows you its availability, price, and other information
based on your location and information provided by the Licensees that service
your location. Our service may be limited or not available at all in some places
due to local law or other restrictions.

When you order alcohol, it is an offer to purchase from a Licensee. The total
purchase amount (plus any additional service fees) may be authorized by the
credit card company designated to make payment, but your offer is not accepted
by the Licensee at that time. The Licensee reviews your order and decides
whether to accept it. If the Licensee decides to accept your order, they will
charge the payment method on file for the purchase amount (plus any additional
service fees) and the retailer or a designated third party will arrange for the
delivery, pick-up, or shipment.

Title to, and ownership of, all alcohol beverages passes from a Licensee to the
purchaser at the warehouse and state it is purchased in and the purchaser takes
all responsibility for shipping it from the warehouse to his/her home state. By
arranging for transportation of the alcohol beverages, the Licensee or a
designated third party is providing a service to and acting on behalf of the
purchaser. By utilizing this service, the purchaser is representing that he/she
is acting in a fashion compliant with his/her local and state laws regarding the
purchase, transportation, and delivery of alcohol beverages. The purchaser
represents that he/she has obtained any required permission, paid any required
fees, is working through properly licensed intermediaries where required, is
legally entitled to take possession of alcohol beverages and is legally entitled
to take quantities ordered and authorizes that he/she is 21 years of age.

Orders and Delivery:

Licensees are solely responsible for all activities related to the sale and
provision of alcoholic beverages including but not limited to (a) selecting the
products to be offered for sale via the Website (b) setting the purchase price
of all products made available for sale via the Website (c) accepting or
rejecting all customer orders, and (d) fulfilling all customer orders, including
but not limited to completing any deliveries or shipments of orders, if
applicable. Goody shall have no liability to you, any customer, or any other
person for lost, unprocessed, or mishandled orders.

Delivery is the sole responsibility of the Licensee or an authorized third-party
company making deliveries or shipments on behalf of the Licensee. Goody is not
responsible for the delivery of orders. Processing and delivery estimates are
approximate, and Goody is not responsible for any delays in delivery. The
shipper reserves the right to request a scan of any customer’s photo ID for age
verification before shipping any item.


4.7. THIRD PARTY CHARGES AND MOBILE ALERTS

You are solely responsible for any fees or charges incurred to access the App
through an internet access provider or other third party, including without
limitation data charges incurred if you are not connected to WiFi access,
charges to receive SMS messages or other mobile access, which may be billed to
you or deducted from your prepaid balance by your mobile provider. You agree
that Goody is not liable in any way for any third party charges.


5. USER CONDUCT GUIDELINES

Any time you access or use the App, you are required to comply with our User
conduct guidelines, as set forth below. You agree that you will access and use
the App and Services for your personal use only.

You are not authorized to access or use the App:

 * to impersonate any person or entity, or falsify or otherwise misrepresent
   your identity, credentials, affiliations or intentions;
 * to collect, store or use any information from or about another User;
 * to “stalk” or harass any other User;
 * to distribute unsolicited commercial or bulk electronic communications (or,
   “spam”), chain letters or “pyramid” schemes;
 * for political campaigning, recruiting votes or soliciting donations or other
   support for legislative or other initiatives;
 * to systematically retrieve information or content to create or compile,
   directly or indirectly, in single or multiple downloads, a collection,
   compilation, database, directory or the like, whether by manual methods,
   through the use of bots, crawlers, or spiders, or otherwise;
 * if you are not able to form legally binding contracts (for example, if you
   are under 18);
 * if you are a person barred from receiving services under the laws of the
   United States or other applicable jurisdiction; or
 * for any other purposes that are not expressly permitted by the Terms.

Further, you may not:

 * access, copy, distribute, share, publish, use or store any App Content,
   including any information from or about any other User, for purposes that are
   inconsistent with our Privacy Policy, or otherwise violate the privacy rights
   or any other rights of other Users or any other third party, including by
   disclosing, selling, renting, distributing or exposing any App Content to a
   third party, using it for marketing purposes, or otherwise using it for any
   purposes unrelated to the App;
 * access, copy, distribute, share, publish, use or store, or prepare derivative
   works from any App Content that belongs to Goody, another User or to a third
   party, including works covered by any copyrights, trademark, patent, or other
   intellectual property right, except with prior express permission of the
   person or entity party holding the rights to license such use;
 * share or transfer your account to another party without our consent;
 * circumvent our systems, policies, determinations as to your account status,
   including by attempting to access or use the App if your account has been
   suspended or cancelled or you have otherwise been temporarily or permanently
   prohibited or blocked from using the App;
 * access, search, collect information from, or otherwise interact with the App
   by “scraping,” “crawling” or “spidering” the App, by the use of any software,
   device, script or robot, or by any other means (automated or otherwise) other
   than through the currently available, published interfaces that are provided
   by Goody, unless you have been specifically authorized to do so in a separate
   agreement with Goody;
 * use, display, mirror or frame the App, or any feature, functionality, tool or
   content of the App, Goody’s name, any Goody trademark, logo or other
   proprietary information, without Goody’s express written consent;
 * interfere with, disrupt, damage or compromise the App or our systems or the
   access of any User, host or network in any way, including through the use of
   viruses, cancel bots, Trojan horses, harmful code, flood pings,
   denial-of-service attacks, backdoors, packet or IP spoofing, forged routing
   or electronic mail address information or similar methods or technology or by
   overloading, flooding, spamming, mail-bombing the App or otherwise imposing
   an unreasonable or disproportionately large load on the App;
 * access, tamper with or use non-public areas of any of the App, Goody’s
   computer systems, or the technical delivery systems of Goody’s providers;
 * probe, scan, or test the vulnerability of any system or network of Goody or
   its providers, or breach or circumvent any security or authentication
   measures of such system or network;
 * avoid, bypass, remove, deactivate, impair, descramble, or otherwise
   circumvent any technological measure implemented by Goody or any of Goody’s
   providers or any other third party to protect the App;
 * forge any TCP/IP packet header or any part of the header information in any
   e-mail or posting, or in any way use the App to send altered, deceptive or
   false source-identifying information;
 * attempt to decipher, decompile, disassemble or reverse engineer any of the
   code or software used to provide the App;
 * export or re-export the App, except in compliance with the export control
   laws and regulations of any relevant jurisdictions;
 * otherwise abuse the App or breach the Terms; or
 * attempt to do any of the foregoing, or advocate, encourage or assist any
   third party in doing any of the foregoing.


5.1. RESPONSIBILITY FOR USER CONTENT

Ultimately, all User Content, whether publicly posted or privately transmitted,
is the sole responsibility of the User who originated such content. We do not
endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any User Content or endorse any opinions expressed
in such User Content. You understand that by using the App, you may be exposed
to User Content that is offensive, harmful, inaccurate, misleading, fraudulent
or otherwise inappropriate. Under no circumstances will Goody be liable in any
way for any User Content, including, but not limited to, any errors or omissions
in any User Content, or any loss or damage of any kind incurred as a result of
any User Content.

We may, but are not required to monitor or control the User Content captured,
recorded, uploaded, streamed, shared or stored on or through the App, and we
cannot take responsibility for such User Content. Any use or reliance on any
User Content is at your own risk.


5.2. REPORTING MISCONDUCT

If you feel that another User has violated the Terms, abused the App or
otherwise acted inappropriately, you may report the User to Goody at
support@ongoody.com. Goody reserves the right, but assumes no obligation, to
investigate and take appropriate action in response to such reports. Regardless
of its action or inaction, in no event will Goody be liable for the acts or
omissions of any User or any third party.

If you are a California resident, you may also report complaints to the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210. See the “California
Residents” subsection below for the full information required under California
Civil Code §1789.3.


5.3. INVESTIGATIONS

Goody reserves the right to investigate and prosecute violations of any and all
reports, complaints and claims, or otherwise suspected misconduct or violations
of the law to the fullest extent of the law.

Without limiting the foregoing, you acknowledge that Goody has the right, but
not the obligation, at any time and without prior notice, to monitor access to
or use of the App or Services by any User, to access, review, preserve and
disclose any User Content, or to remove or disable access to any User Content,
if we believe in good faith that it is reasonably necessary (i) to comply with
any law or regulation or satisfy any legal process or governmental request (for
example, a subpoena, warrant, order or other requirement of a court,
administrative agency or other governmental body), (ii) to respond to claims
asserted against Goody, (iii) to enforce and to ensure a User’s compliance with
the Terms, including the investigation of potential violations, (iv) to conduct
risk assessments, and prevent, detect and investigate incidents of fraud,
security and technical issues, (v) to protect the rights, property or safety of
Goody, its Users or members of the public, and (vi) for the purpose of operating
and improving the App and Services (including for customer support purposes).


6. INTELLECTUAL PROPERTY OWNERSHIP


6.1. THE APP

The App, Products and Services, including all features, functionality, tools and
content thereof, is protected by copyright, trademark, patent and other laws of
the United States and foreign countries. You acknowledge and agree that the App,
Products and Services, and all intellectual property rights therein are the
exclusive property of Goody and its licensors. You will not remove, alter or
obscure any copyright, trademark, service mark, patent marking, or other
proprietary rights notices incorporated in or accompanying the App or Services.

Without limiting the foregoing, you acknowledge and agree that the trade names,
logos, and other trademarks and service marks associated with Goody (the “Goody
Marks”) are the property of Goody, and that you are not permitted to use the
Goody Marks without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish,
post, publicly display, publicly perform, transmit, broadcast, adapt, modify,
prepare derivative works based upon, or otherwise exploit any features,
functionality, tools or content of the App or Services in any form or by any
means, or sublicense the rights granted in the Terms, except as expressly
permitted herein, without the prior written permission of Goody or the
intellectual property owner, as applicable.

This foregoing license is subject to modification or revocation at any time at
Goody’s sole discretion.

No licenses or rights are granted to you by implication or otherwise under any
intellectual property rights owned or controlled by Goody or its licensors,
except for the licenses and rights expressly granted in the Terms. All rights
not expressly granted to you by the Terms are hereby reserved.


6.2. YOUR CONTENT

By uploading, sharing or storing Your Content, you hereby grant Goody a
worldwide, non-exclusive, transferable, sublicensable, royalty-free right and
license to use, copy, reproduce, process, adapt, modify, distribute, post,
broadcast, publicly perform, publish and display Your Content in any and all
media as necessary to provide the Services to you, including, customer support
services, and otherwise operate the App, including for product development and
de-bugging purposes.

We may modify or adapt Your Content in order to transmit, display or distribute
it over computer networks and in various media and/or make changes to Your
Content as are necessary to conform and adapt that content to any requirements
or limitations of any networks, devices, services or media. You further grant us
the right to use, copy, distribute, post, broadcast, publicly perform, publish
and display your name and other information in connection with Your Content as
described herein or elsewhere on the App, subject to any applicable data
protection laws.

Goody does not claim any ownership rights in Your Content and nothing in the
Terms will be deemed to restrict any rights that you may have to use and exploit
any such content, subject only to the licenses granted to Goody under these
Terms.

You acknowledge and agree that you are solely responsible for Your Content, and
for any consequences thereof, including the use of your Content by other Users.

You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to Your Content, and that neither
Your Content, nor Goody’s use of Your Content (or any portion thereof) on or
through the App or in connection with the Services will infringe, misappropriate
or violate the rights of any person or entity, including patent, copyright,
trademark, trade secret, moral rights, industrial rights, database rights or
other proprietary or intellectual property rights, rights of publicity or
privacy or data protection or contractual rights, or result in the violation of
any applicable law or regulation.


6.3. FEEDBACK

We welcome and encourage you to provide feedback, comments, ideas and
suggestions for improvements, enhancements and modifications to the App
(“Feedback”). You may submit Feedback by e-mailing us, at support@ongoody.com.
You acknowledge and agree that all Feedback you give us (i) will be treated as
non-confidential, and (ii) will be the sole and exclusive property of Goody.
Without limiting the foregoing, you acknowledge that your Feedback may be
disseminated or used by Goody or its affiliates for any purpose whatsoever,
including developing, improving and marketing products. You hereby irrevocably
transfer and assign to Goody all of your right, title, and interest in and to
all Feedback, including all worldwide patent, copyright, trade secret, moral and
other proprietary or intellectual property rights therein, and waive any moral
rights you may have in such Feedback.

You agree to sign and deliver such documents, and otherwise provide such
assistance, as may reasonably be required from time to time to perfect Goody’s
rights in such improvements, enhancements and modifications.


7. THIRD PARTY TERMS


7.1. USERS

Users are required by the Terms to provide accurate information and, although
Goody may conduct certain limited checks and/or institute certain processes
designed to help verify information provided by Users, we do not guarantee the
completeness or accuracy of any information provided by any User, including the
User’s purported identity, credentials or background.

Any indication that a User has been “verified” (or similar language) only means
that the User has completed a relevant verification process. It is not an
endorsement, certification or guarantee by Goody about the User, including of
the User’s identity, credentials or background. Any such description is intended
only help you to evaluate and you make your own decisions about the identity and
suitability of others whom you contact or interact with via the App.

We recommend that you exercise due diligence when deciding to communicate or
interact with another User, and we will not be responsible or liable for any
damage or harm resulting from your interactions with other Users.


7.2. LINKS TO THIRD-PARTY WEBSITES AND SERVICES

The App may also provide links to third-party websites, resources or services.
You acknowledge and agree that Goody is not responsible or liable for (i) the
availability, terms or practices of such websites, resources or services, or
(ii) the content, products or services available on or through such websites,
resources or services, including that any information provided is complete,
accurate or up-to-date. Links to such websites, resources or services do not
imply any endorsement by Goody of such websites, resources or services or the
content, products or services available on or through such websites, resources
or services. You acknowledge sole responsibility for and assume all risk arising
from your use of any such websites, resources or services or the content,
products or services available on or through such websites or services.

We will not be responsible or liable for any damage or harm resulting from your
interactions with such websites or services, or the content, products or
services available on or through such websites or services.

Without limiting the foregoing, the App includes Google Maps features and
content, which are subject to the then-current versions of: (1) Google
Maps/Google Earth Additional Terms of Service at
https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at
https://www.google.com/policies/privacy/.


7.3. APPS DOWNLOADED FROM THIRD PARTY APP STORES

Our App may be available for download from third party app stores which are not
owned or operated by Goody. When downloading, installing, accessing, using or
browsing the App, you must comply with any applicable third party terms and
conditions, including any End User License Agreement, your mobile device
agreement or any wireless data service agreement, and ensure that your use of
the App is not in violation of any such terms or conditions.

Without limiting the foregoing, any Apps accessed through or downloaded from
Apple's App Store (an "App Store Download") may only be used (i) on an
Apple-branded product that runs the iOS (Apple's proprietary operating system),
and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store
Terms and Conditions.

Without limiting the foregoing, the following applies to App Store Downloads:

 * You acknowledge and agree that (i) these Terms are between you and Goody
   only, and not Apple, and (ii) Goody, not Apple, is solely responsible for the
   App Store Download and content thereof. Your use of the App Store Download
   must comply with the App Store Terms and Conditions.
 * You acknowledge that Apple has no obligation whatsoever to furnish any
   maintenance and support services with respect to the App Store Download.
 * In the event of any failure of the App Store Download to conform to any
   applicable warranty, you may notify Apple, and Apple will refund the purchase
   price for the App Store Download to you and to the maximum extent permitted
   by applicable law, Apple will have no other warranty obligation whatsoever
   with respect to the App Store Download. As between Goody and Apple, any other
   claims, losses, liabilities, damages, costs or expenses attributable to any
   failure to conform to any warranty will be the sole responsibility of Goody.
 * You acknowledge that, as between Goody and Apple, Apple is not responsible
   for addressing any claims you have or any claims of any third party relating
   to the App Store Download or your possession and use of the App Store
   Download, including: (i) product liability claims; (ii) any claim that the
   App Store Download fails to conform to any applicable legal or regulatory
   requirement; and (iii) claims arising under consumer protection or similar
   legislation.
 * You acknowledge that, in the event of any third-party claim that the App
   Store Download or your possession and use of that App Store Download
   infringes that third party's intellectual property rights, as between Goody
   and Apple, Goody, not Apple, will be solely responsible for the
   investigation, defense, settlement and discharge of any such intellectual
   property infringement claim to the extent required by the Terms.
 * You acknowledge and agree that Apple and its subsidiaries, are third-party
   beneficiaries of the Terms as related to your license of the App Store
   Download, and that, upon your acceptance of the terms and conditions of the
   Terms, Apple will have the right (and will be deemed to have accepted the
   right) to enforce the Terms as related to your license of the App Store
   Download against you as a third party beneficiary thereof.
 * Without limiting any other terms of the Terms, you must comply with all
   applicable third party terms and conditions when using the App Store
   Download.


8. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION


8.1. WARRANTIES BY USERS

You represent and warrant to Goody that:

 1. you have the power and authority to accept and agree to the Terms;
 2. you own or control all of the rights necessary to grant the rights and
    licenses granted herein;
 3. you will not violate any federal, state or local laws, rules or regulations
    or infringe the rights of any third party, including, any intellectual
    property, privacy or publicity-related rights, in connection with Your
    Content or otherwise in connection with your access to or use of the App and
    Services;
 4. the exercise by Goody of the rights granted by you hereunder will not cause
    Goody to violate any applicable laws, rules or regulations, to infringe the
    rights of any third party; and
 5. all account information provided by you will be complete, accurate and
    up-to-date when provided, and updated as necessary to ensure that it remains
    complete, accurate and up-to-date.


8.2. DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APP, PRODUCTS AND SERVICES ARE PROVIDED
“AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO
THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, GOODY EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS
TO THE RELIABILITY OR AVAILABILITY OF THE APP, PRODUCTS OR SERVICES, OR THAT USE
OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE
COMPLETENESS, ACCURACY OR TIMELINESS OF ANY APP CONTENT.


8.3. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

 * THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE APP IS AND
   REMAINS WITH YOU.
 * WITHOUT LIMITING THE FOREGOING, GOODY DISCLAIMS ANY AND ALL LIABILITY RELATED
   TO (I) YOUR USE OF OR INABILITY TO USE THE APP, (II) THE ACTS OR OMISSIONS OF
   ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS
   A RESULT OF YOUR USE OF THE APP, AND (III) ANY APP CONTENT ACCESSED, VIEWED
   OR DOWNLOADED IN CONNECTION WITH THE USE OF THE APP.
 * YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE APP, SUBMITTING AND
   TRANSMITTING YOUR CONTENT, COMMUNICATING OR INTERACTING WITH OTHER USERS AND
   ACCESSING, VIEWING OR DOWNLOADING THE USER CONTENT OF OTHER USERS ARE DONE AT
   YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE GOODY AND WAIVE ANY
   AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY
   OF THE FOREGOING.
 * IN NO EVENT WILL GOODY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
   EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST
   REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,
   COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
   INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS
   AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)
   OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOODY HAS BEEN INFORMED OF THE
   POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS
   FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
 * CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
   EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO
   THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY
   APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS
   DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, GOODY’S
   AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL
   BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).


8.4. BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF
LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN GOODY AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE
FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.


8.5. INDEMNIFICATION

To the maximum extent not prohibited by applicable law, you agree to release,
defend, indemnify, and hold Goody its parent, subsidiaries, affiliates,
licensors and service providers, and its and their officers, directors,
shareholders, agents, employees and representatives, harmless (collectively
“indemnify” or any variation thereof) from and against any claims, liabilities,
damages, losses, costs and expenses, including, any bodily injury, illness,
death or damage to any real or personal property, or any other injuries, losses,
or damages (whether compensatory, direct, incidental, consequential or
otherwise) of any kind, and including reasonable legal fees and litigation
expenses and costs, arising out of or relating to or in any way connected with
(i) your access to or use of the App, including any and all features,
functionality, tools, content and promotions available on and through the App,
(ii) Your Content, (iii) any interactions with any other User, (iv) your breach
of the Terms, including any violation of national, federal, state or local or
other applicable laws, rules or regulations or any infringement or
misappropriation of the rights of any third party, and (v) your gross negligence
or willful misconduct.


8.6. OBLIGATION TO DEFEND.

You agree that, at Goody’s option, you will conduct the defense of any such
claim or action; provided that, notwithstanding our election that you conduct
the defense, (i) Goody may nevertheless participate in such defense or
settlement negotiations and pay its own costs associated therewith, and (ii) you
will not enter into any settlement or other compromise without the prior written
approval of Goody (which approval shall not be unreasonably withheld), unless
such settlement or other compromise includes a full and unconditional release of
the relevant parties from all liabilities and other obligations in respect of
such claim or action.


8.7. NO IMPLIED INDEMNITY.

No person or entity shall be entitled to any form of equitable or implied
indemnification at any time, except as provided by the Terms.


9. GOVERNING LAW & DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A
SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Goody HAVE AGAINST EACH OTHER ARE
RESOLVED.


9.1. GOVERNING LAW

The Terms shall be governed by and interpreted in accordance with the laws of
the State of New York without regard to conflict of law principles.


9.2. ARBITRATION

Notwithstanding any contrary provision of these Terms, all disputes, claims,
controversies and matters relating to or in connection with these Terms (or the
breach thereof) or any transactions hereunder shall be settled by binding
arbitration administered by the American Arbitration Association under its
Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered
by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall take place in the State of New York before a single
neutral arbitrator appointed in accordance with the AAA Rules and shall be
conducted in the English language. All arbitrations shall be conducted and
resolved on an individual basis and not a class-wide, multiple plaintiff or
similar basis. No arbitration shall be consolidated with any other arbitration
proceeding involving any other person or entity.


9.3. JURISDICTION AND VENUE

Subject to the above arbitration provisions, you and Goody agree that any and
all disputes, claims and actions, at law or in equity, arising out of or
relating to or in connection with the Terms or the breach, termination,
enforcement, interpretation or validity thereof, or to the use of the App
(collectively, “Disputes”) in the federal or state courts located in the State
of New York and each of us agrees that such courts shall have exclusive
jurisdiction and venue for any such actions, except that Goody retains the right
to submit a Dispute to any court of competent jurisdiction. Goody also may seek
injunctive or other equitable relief for breach of these Terms in any court of
competent jurisdiction wherever located. You consent to the jurisdiction of and
venue in such courts and waive any objection as to inconvenient forum. The
prevailing party in any suit, action or proceeding, including any arbitration
proceeding, will be entitled to recover its reasonable legal fees and costs and
expenses from the other party.


9.4. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED
RELIEF

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GOODY ONLY ON AN INDIVIDUAL BASIS
AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY
CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED
BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND GOODY OTHERWISE AGREE IN
WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS,
AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR
CLASS PROCEEDING.


9.5. FUTURE AMENDMENTS TO THIS SECTION

Both of us agree that if we make any amendment to this Dispute Resolution
section (other than an amendment to any notice address or site link provided
herein) in the future, that amendment will not apply to any claim that was filed
in a legal proceeding against us prior to the effective date of the amendment.
However, the amendment will apply to all other disputes or claims governed by
this section that have arisen or may arise between you and Goody. We will notify
you of amendments to this section by posting the amended Terms on the App. If
you do not agree to the amended terms, you may close your account within 30 days
and you will not be bound by the amended dispute resolution terms. If you do not
have an account (or once you have closed your account, if applicable), you must
cease using the App immediately. By rejecting any change, you are agreeing that
you will arbitrate any Dispute between you and Goody in accordance with the
provisions of this “Dispute Resolution” section as of the date you first
accepted the Terms (or accepted any subsequent changes to the Terms).


10. MISCELLANEOUS


10.1. PRIVACY

Our collection and use of information about Users is governed by our Privacy
Policy. By accessing and using the App, you consent to the collection and use of
this information, including the transfer of this information outside the United
States and/or other countries, for storage, processing and use by Goody. As part
of providing you the App, we may need to provide you with certain
communications, such as service announcements and administrative messages. These
communications are considered part of the Services, which you may not be able to
opt-out from receiving.


10.2. ENTIRE AGREEMENT

These Terms, including these Terms of Use, our Privacy Policy, the applicable
Supplemental Terms and any and all App Rules, constitute the entire and
exclusive understanding and agreement between you and Goody regarding your
access to and use of the App and supersede and replace any and all prior or
contemporaneous oral or written understandings or agreements between you and
Goody and regarding the subject matter hereof.


10.3. ASSIGNMENT

You may not assign, transfer, delegate or sublicense any of your rights or
obligations under the Terms, including by operation of law or merger or
consolidation, without our express prior written consent, which may be granted
or withheld in our sole discretion. Any attempted assignment, transfer,
delegation or sublicense without the foregoing consent will be null and void.
Goody may assign, transfer, delegate and/or sublicense our rights and
obligations under the Terms, in whole or in part, in its sole discretion,
without restriction.

Subject to the foregoing, the Terms will bind and inure to the benefit of the
parties, their successors and assigns.


10.4. NO AGENCY

Except as otherwise expressly set forth herein, no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by the Terms.


10.5. SURVIVAL OF TERMS

Any provisions of the Terms that contemplate performance or observance
subsequent to the expiration or termination of these Terms of Service shall
survive such expiration or termination.


10.6. NOTICES

Any notices or other communications permitted or required hereunder, including
those regarding modifications to the Terms, will be in writing and given by
Goody (i) via e-mail (in each case to the address that you provide), or (ii) by
posting to the App. For notices made by e-mail, the date on which such notice is
transmitted will be deemed the date of receipt.


10.7. WAIVER

Our failure to exercise any right or enforce any obligation under these Terms of
Use or to take action with respect to a breach by you or others will not
constitute a waiver of such right, obligation or breach. The waiver of any
right, obligation or breach will be effective only if in writing and signed by a
duly authorized representative of Goody. In addition, no waiver granted in any
instance shall constitute a waiver in any other instance.


10.8. REMEDIES

Except as expressly set forth in the Terms, the exercise by either party of any
of its remedies under the Terms will be without prejudice to its other remedies
available under contract, at law, in equity or otherwise.


10.9. SEVERABILITY

Except as otherwise provided in the Terms, if an arbitrator or a court of
competent jurisdiction finds any provision of the Terms to be invalid, void or
unenforceable, in whole or in part, for any reason, the offending provision will
be enforced to the maximum extent permissible and will not affect the validity
or enforceability of the remaining provisions, which will remain in full force
and effect.


10.10. HEADINGS

The headings in the Terms are for reference purposes only and do not limit or
otherwise affect the meaning or interpretation of any of the provisions hereof.


10.11. CONTACT US

If you have any questions or concerns, please contact Goody at
support@ongoody.com.

You can also write to us at:

Goody Technologies, Inc.
9450 SW Gemini Dr
PMB 88760
Beaverton, OR 97008


10.12. CALIFORNIA RESIDENTS

Pursuant to California Civil Code §1789.3, California residents are also
entitled to the following specific consumer rights notice:

Complaints regarding the App or Services or requests to receive further
information regarding use of the App or Services may be sent to the above
address or to support@ongoody.com.

The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625
North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at
(916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD
(800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional
information.


11. REFERRALS

You can receive $50 in Goody credits ("Referral Bonus") for each one (1) new
Goody for Business user you refer that results in a Goody gift send (“Successful
Referral”) subject to discretional review by Goody Technologies, Inc. (“Goody”,
“We”).

For a referral to qualify, a referred user must:

 * Not have previously created a Goody for Business account
 * Create their Goody for Business account using a valid work email
 * Not be added to paid seats on Goody Team accounts
 * Send a Goody gift (minimum order value $35, inclusive of any applicable
   promotions) and successfully pay at checkout

We may offer you additional ways to earn Referral Bonus via special promotional
offers. You’ll find out more about the number of Goody credits you can earn and
any other terms at the time of the offer.

You’ll see the total Goody credits you’ve earned through referrals reflected in
your Goody account on the Referrals tab.

Credits granted as a Referral Bonus cannot be used toward alcohol or gift card
purchases.

Referral messages should be sent only through the Program as described in these
Terms & Conditions. Please send your referrals only to eligible people, and
limit your referrals to a reasonable number. Use only truthful, non-misleading
statements that accurately reflect Goody's services and its Referral Program
when sending a referral message. Referring persons must comply with all
applicable laws, regulations and guidelines, including up-to-date “SPAM” laws.
Bulk email distribution and any use of automated devices or third party services
is prohibited. Any use of the Referral program that could constitute unsolicited
commercial email or "spam" under any applicable law or regulation, or that
otherwise violates any restriction imposed by Goody or is otherwise
inappropriate as determined by Goody in its sole discretion, is expressly
prohibited and will be grounds for immediate exclusion from the Program.

Goody can only notify you once your account earns a Successful Referral. Your
Goody account must be in good standing (no unpaid gift invoices, no outstanding
subscription payments due, compliant with Goody’s Terms of Use) at the time a
Referral Bonus is deposited into your account to receive the Bonus. Existing
Goody users are not able to refer themselves and create new accounts in order to
claim referral credits. Goody may withdraw your ability to refer new users, and
withhold awarding (or reclaim a previously awarded) any and all Referral
Bonuses, if we believe, in our sole discretion, that you are engaged in fraud,
misuse or abuse of this offer.

Goody reserves the right to change or modify any of the terms and conditions of
the Referral Program at any time and in our sole discretion. Any changes or
modifications will be effective immediately upon posting of the revisions on
ongoody.com, and you waive any right you may have to receive specific notice of
such changes or modifications.




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