Terms of use

 

Goodlife Design BV Terms of Use

AGREEMENT AND SERVICESPLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION,” WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION.”

BY ACCESSING OR USING ANY GOODLIFE DESIGN BV OFFERING, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, DO NOT USE ANY GOODLIFE DESIGN BV OFFERINGS.

Goodlife Design BV and/or its Affiliates provide access to the Goodlife Design BV Offerings subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term “Affiliates” means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term “Goodlife Design BV Offerings” means the web sites of Goodlife Design BV, including www.jointmaster.eu,www.goodlife.nu, any other sites on which these Terms of Use are posted, and any other Goodlife Design BV application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing.

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.

Your use of the Goodlife Design BV Offerings constitutes your express acceptance without reservation of these Terms of Use and our exchange and refund policy. The exchange and refund policy can be read here.

Use of the Goodlife Design BV Offerings is also governed by our Privacy Policy and any other terms of use applicable to services you register to use within a Goodlife Design BV Offering, including any amendments or updates thereto.

Use of the Goodlife Design BV Software, as hereafter defined, is governed by the Goodlife Design BV End User license.

Without limiting the foregoing, each of your Goodlife Design BV Offering account(s) (each a “Goodlife Design BV account”), if applicable, and participation in any Goodlife Design BV Offerings are governed by these Terms of Use. The Goodlife Design BV Offerings are always evolving, so it is important that you periodically check these Terms of Use, as well as the specific rules for any games or activities in which you choose to participate, for updates. Goodlife Design BV reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If Goodlife Design BV makes changes to these Terms of Use, we will provide notice of such changes, such as (by way of example only) by providing notice through the Goodlife Design BV Offerings or updating the “Last Modified” date at the top of these Terms of Use. If we revise these Terms of Use, such revision(s) will take effect immediately such notice. Your continued access or use of any Goodlife Design BV Offering constitutes your acceptance of the revised Terms of Use. We encourage you to frequently review these Terms of Use to ensure that you understand the terms and conditions that apply to your use of the Goodlife Design BV Offerings. If you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all Goodlife Design BV Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Goodlife Design BV Offering, these Terms of Use will control.

ACCOUNT REGISTRATION

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 requires all users to be over the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may create a Goodlife Design BV account or use the Goodlife Design BV Offerings only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

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.

You are solely responsible for all activity on any and all of your Goodlife Design BV account(s) and for the security of your computer system. You should not reveal your username or password to any other person. Goodlife Design BV will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Goodlife Design BV and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Goodlife Design BV account(s). This includes illegal or improper use by someone to whom you have given permission to use your Goodlife Design BV account(s) or whom you have negligently allowed to access your Goodlife Design BV account(s). Goodlife Design BV reserves the right to terminate your Goodlife Design BV account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

ELECTRONIC COMMUNICATIONS

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

Generally

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.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Goodlife Design BV account(s) being immediately suspended or terminated:

  • 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.

Customer Reviews

You may submit reviews of certain Goodlife Design BV Offerings. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk. You must comply with the policies set forth in these Terms of Use and the Review Guidelines.

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

We may require that you download certain software from Goodlife Design BV, its principals or its licensors onto your computer (“Goodlife Design BV Software“). Subject to your compliance with these Terms of Use, Goodlife Design BV grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Goodlife Design BV Software to participate in the Goodlife Design BV Offerings. The Goodlife Design BV Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the 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.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, Goodlife Design BV reserves the right, in its sole discretion, to immediately terminate your participation in any or all Goodlife Design BV Offerings, including any and all Goodlife Design BV accounts you have established. You acknowledge that Goodlife Design BV is not required to notify you prior to terminating any such account.

TERMINATION OF ANY GOODLIFE DESIGN BV ACCOUNT

Goodlife Design BV and you each have the right to terminate or cancel any of your Goodlife Design BV account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Goodlife Design BV account(s) and/or ceasing use of any and all Goodlife Design BV Offerings are your sole right and remedy with respect to any dispute with Goodlife Design BV. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Goodlife Design BV, including, without limitation, the Privacy Policy, or Goodlife Design BV’s enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through the Goodlife Design BV Offerings, or any change in or to such content, (c) your ability to access and/or use any Goodlife Design BV Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Goodlife Design BV on or through any Goodlife Design BV Offering.

Without limiting the foregoing provisions, if you violate these Terms of Use, Goodlife Design BV may issue you a warning regarding the violation, or, in Goodlife Design BV’s sole discretion, immediately terminate any and all Goodlife Design BV accounts that you have established with any Goodlife Design BV Offering, with or without notice.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Goodlife Design BV Offerings are trademarks, registered trademarks or trade dress of Goodlife Design BV or its licensors or principals in the United States and/or other countries. Goodlife Design BV’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Goodlife Design BV, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Goodlife Design BV or any Goodlife Design BV Offering. The compilation of all content on the Goodlife Design BV Offerings is the exclusive property of Goodlife Design BV and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Goodlife Design BV Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by Goodlife Design BV that appear on the Goodlife Design BV Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Goodlife Design BV. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Goodlife Design BV Offerings, you agree to indemnify and hold harmless Goodlife Design BV and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

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.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Goodlife Design BV and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Goodlife Design BV Offering. Without limiting your indemnification obligations described herein, Goodlife Design BV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by 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

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Goodlife Design BV relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

Goodlife Design BV respects the privacy of Goodlife Design BV Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Goodlife Design BV Offerings, to understand our policies and practices with respect your personal information.

APPLICABLE LAW, JURISDICTION, AND VENUE

These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of conflict or choice of law rules.

The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).

You and Goodlife Design BV irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in King County, Washington, for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any Goodlife Design BV Offering, that are heard in court (not arbitration).

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.

Scope of Arbitration Provision. You and Goodlife Design BV agree that any dispute, claim or controversy arising out of or relating to your access to or use of any Goodlife Design BV Offering or to these Terms of Use (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a “Dispute”), shall be determined by arbitration, except that you and Goodlife Design BV are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Location of Arbitration and Applicable Rules. You and Goodlife Design BV agree that such arbitration shall occur in Den Hague, The Netherlands. You may request to appear in such proceedings telephonically. You and Goodlife Design BV agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service (“JAMS”), as modified by these Terms of Use.

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.

Procedure to Opt Out of Arbitration Provision. You may opt out of this arbitration provision only by written Notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Goodlife Design BV, Attn: Legal Department, at van ‘t Hoffstraat 37, 2665 JL Bleiswijk. You must send such Notice within thirty (30) days of your acceptance of these Terms of Use. You must sign and date the Notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with Goodlife Design BV through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and Goodlife Design BV shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration.

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

You and Goodlife Design BV agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Goodlife Design BV Offering, these Terms of Use or the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

SEVERABILITY

If any part of these Terms of Use is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

CONTACT US

Goodlife Design BV

Van ‘t Hoffstraat 37

2665 JL Bleiswijk

The Netherlands

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

The Netherlands