By making use of the Goodlife Design BV Offerings, you agree that you did read our safety and health statement to understand your responsibility and risk involved. If you do not understand the risks involved, please make no use of the Goodlife Design BV Offerings.
Use of the Goodlife Design BV Software, as hereafter defined, is governed by the Goodlife Design BV End User license.
If you create a Goodlife Design BV account within any Goodlife Design BV Offering, you must provide truthful and accurate information to us in creating such account. If Goodlife Design BV has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Goodlife Design BV may suspend or terminate your ability to use or access a Goodlife Design BV Offering, and refuse any and all current or future use of or access to any or all Goodlife Design BV Offerings (or any portion thereof).
Goodlife Design BV reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you access a Goodlife Design BV Offering, send e-mails or electronically chat with Goodlife Design BV, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Goodlife Design BV Offerings. You agree that all agreements, notices, disclosures and other communications that Goodlife Design BV provides to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Goodlife Design BV Offerings. You should always use your best and most respectful and conservative judgment in interacting as part of submitting any content, such as a review or post to any forums or message boards, within a Goodlife Design BV Offering.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Goodlife Design BV Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Goodlife Design BV does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Goodlife Design BV Offerings. Goodlife Design BV does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Goodlife Design BV Offerings. You agree to indemnify Goodlife Design BV and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Goodlife Design BV Offerings.
- Posting, transmitting, promoting, or distributing any content that is illegal
- Harassing or threatening any other user of a Goodlife Design BV Offering or any employee or contractor of Goodlife Design BV
- Impersonating another person, indicating that you are a Goodlife Design BV employee or a representative of Goodlife Design BV (if you are not), or attempting to mislead users by indicating that you represent Goodlife Design BV in any way
- Attempting to obtain a password, other account information, or other private information from any other user of a Goodlife Design BV Offering
- Uploading any software, files, photos, images or any other content to a Goodlife Design BV Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Goodlife Design BV Offering.
- Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
- Improperly using any complaint buttons, or making false complaints or other reports to Goodlife Design BV representatives.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Goodlife Design BV Offering, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within a Goodlife Design BV Offering, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any Goodlife Design BV Offering security feature or any feature that restricts or enforces limitations on use of or access to a Goodlife Design BV Offering.
- Attempting to sell any part of a Goodlife Design BV Offering, including, without limitation, any virtual items (if applicable), Goodlife Design BV accounts and access to them in exchange for real currency or items of monetary or other value.
- Engaging in cheating or any other activity that Goodlife Design BV deems to be in conflict with the spirit of a Goodlife Design BV Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Goodlife Design BV Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Goodlife Design BV Offerings (other than with respect to the information you provide to us in establishing your Goodlife Design BV account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Goodlife Design BV Offering may be seen and used by others and may result in unsolicited communications. Goodlife Design BV is not liable for any information that you choose to submit or communicate to other users on or through any Goodlife Design BV Offerings, or for the actions of any other users of any Goodlife Design BV Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Goodlife Design BV Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Goodlife Design BV and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Goodlife Design BV permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Goodlife Design BV Offering, you expressly grant Goodlife Design BV the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the Goodlife Design BV Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Goodlife Design BV Offerings, or otherwise exploit your participation on or through any Goodlife Design BV Offerings for any commercial purpose.
When you post a review, we will display your rating of the Goodlife Design BV Offering, along with your user name and certain other information you may provide, such as your city and state location. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
GOODLIFE DESIGN BV SOFTWARE
NEITHER GOODLIFE DESIGN BV NOR ITS LICENSORS IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY GOODLIFE DESIGN BV SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE GOODLIFE DESIGN BV SOFTWARE AND GOODLIFE DESIGN BV UNLIMITED, RESIDES WITH YOU.
Make sure you have read our safety and health statement to know the risks and your responsibilities before ordering.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a Goodlife Design BV Offering that are not owned by Goodlife Design BV are “third party content and services.” Goodlife Design BV acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Goodlife Design BV Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Goodlife Design BV does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
TERMINATION OF ANY GOODLIFE DESIGN BV ACCOUNT
INTELLECTUAL PROPERTY RIGHTS
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY GOODLIFE DESIGN BV OFFERING, GOODLIFE DESIGN BV SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL GOODLIFE DESIGN BV OFFERINGS AND GOODLIFE DESIGN BV SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOODLIFE DESIGN BV DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE GOODLIFE DESIGN BV OFFERINGS OR GOODLIFE DESIGN BV SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE GOODLIFE DESIGN BV OFFERINGS, GOODLIFE DESIGN BV SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM GOODLIFE DESIGN BV ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GOODLIFE DESIGN BV IS TO STOP USING THE GOODLIFE DESIGN BV OFFERINGS AND GOODLIFE DESIGN BV SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR GOODLIFE DESIGN BV ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT GOODLIFE DESIGN BV IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A GOODLIFE DESIGN BV OFFERING BY, ANY GOODLIFE DESIGN BV OFFERING USER. IN NO EVENT SHALL GOODLIFE DESIGN BV’S OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO GOODLIFE DESIGN BV FOR YOUR PARTICIPATION IN ANY GOODLIFE DESIGN BV OFFERING. IN NO CASE SHALL GOODLIFE DESIGN BV OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY GOODLIFE DESIGN BV OFFERING OR GOODLIFE DESIGN BV SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT GOODLIFE DESIGN BV IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GOODLIFE DESIGN BV LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF GOODLIFE DESIGN BV OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING GOODLIFE DESIGN BV OFFERINGS AND GOODLIFE DESIGN BV SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
IMPORT TAXES AND FEES
When you buy physical goods (e.g. CD-ROM) through any Goodlife Design BV Offering for delivery outside the United States, you are considered an importer and, as between you and Goodlife Design BV, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
EXPORT CONTROL LAWS
Certain Goodlife Design BV Offerings may be subject to United States and international export controls. By accessing Goodlife Design BV Offerings, you warrant that you are not located in any country, or exporting any Goodlife Design BV Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Goodlife Design BV Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
APPLICABLE LAW, JURISDICTION, AND VENUE
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GOODLIFE DESIGN BV AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GOODLIFE DESIGN BV. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GOODLIFE DESIGN BV BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and Goodlife Design BV shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision
Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and Goodlife Design BV will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.
WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND GOODLIFE DESIGN BV WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND GOODLIFE DESIGN BV ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If any portion of this section entitled “Dispute Resolution by Binding Arbitration” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
STATUTE OF LIMITATIONS
Goodlife Design BV
Van ‘t Hoffstraat 37
2665 JL Bleiswijk
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Goodlife Design BV Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Goodlife Design BV’s Designated Agent listed below. For your notice to be effective, it must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the Goodlife Design BV Offering;
(iv) Information reasonably sufficient to permit Goodlife Design BV to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vii) Goodlife Design BV’s Designated Agent is:
Goodlife Design BV
Attn: Legal Department
van ‘t Hoffstraat 37
2665 JL Bleiswijk