Effective Date: July 28, 2026
Welcome to Goody!
BY ACCESSING OR USING THE APP, SITE, OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS.
PLEASE NOTE THAT THESE TERMS REQUIRE THAT YOU ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
If you are accepting or agreeing to these 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 these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP, SITE, OR SERVICES.
As used in these Terms:
The Services are offered and available to Users who are at least eighteen (18) years of age and can form a legally binding contract under applicable law.
Your access to and use of the App, Site, and Services is governed by the terms and conditions of these Terms and our Privacy Policy.
Certain of the features, functionality, tools, content and promotions available on or through the App or Site 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.
If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
PLEASE READ THESE TERMS, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE APP, SITE, AND SERVICES. FOR EXAMPLE, THESE TERMS INCLUDE:
YOUR ACCESS TO AND USE OF THE APP, SITE, AND SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
Goody reserves the right, in its sole discretion, to amend these Terms and the Supplemental Terms, at any time, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend these Terms, we will update the Effective Date at the top of the Terms and post the updated version. For material changes, we may also, at our option, choose to notify you by e-mail, through the App or Site, or another means. By continuing to use the App, Site, or Services after we have posted an updated version of these Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms.
No other modification, amendment, supplement of or to these Terms or any Supplemental Terms will be binding on Goody unless it is in writing and signed by an authorized representative of Goody.
Subject to your compliance with these Terms, Goody grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to access and use the App, Site, 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, Site, and Services as provided by Goody, in the manner permitted by these Terms.
In order to use the Services, you must:
If any of the above requirements are not met, you will not be able to use some or all of the Services.
YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
Goody reserves the right, in its sole discretion, to modify or discontinue offering the App, Site, 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 or Site, 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 and/or Site may not properly operate. All Updates will be deemed part of the App and Site and be subject to all terms and conditions of these 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.
The App, Site, and Services are controlled and operated within the United States and are not intended for use outside of the United States. You are hereby prohibited from accessing or using the App, Site, or Services from any territory where the App, Site, or Services or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the App, Site, or Services 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.
While certain App Content, Site 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 or Site.
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.
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.
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, Site, 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 or Site 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 these Terms or any Supplemental Terms, including the terms and conditions regarding User conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in these 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 these Terms or any Supplemental Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Goody’s reasonable satisfaction.
Goody undertakes to be as accurate as possible with all information regarding Products made available through the 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.
Products shall be initially selected by Sender via the App or Site. 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.
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.
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.
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.
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 or Site, 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.
We do not sell, offer to sell, or solicit sales of alcohol. Our App and Site enable 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 Services are 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 Services show the Product’s availability, price, and other information based on your location and information provided by the Licensees that service your location. The Services 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.
Licensees, and not Goody, 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 App and Site, (b) setting the purchase price of all Products made available for sale via the App and Site, (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 Recipient’s photo ID for age verification before shipping any item.
You are solely responsible for any fees or charges incurred to access the App or Site 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.
The Services may allow certain Users (including businesses or other organizations) (“Storefront Operators”) to create and manage customized online storefronts (each, a “Storefront”) through which Products are displayed and made available for purchase by other Users or visitors to the App or Site (“Storefront Customers”). Storefronts may be publicly accessible and may be shared by Storefront Operators with their employees, customers, fans, or other third parties.
Storefront Operators are solely responsible for the creation, content, configuration, and use of their Storefronts, including any branding, descriptions, promotions, or Product selections made available through the Storefront, and for all interactions with Storefront Customers.
Storefront Operators are responsible for ensuring that their Storefronts and related activities comply with all applicable laws, rules, and regulations, including those relating to consumer protection, advertising, and data privacy.
Storefront Operators are the merchants of record with respect to Storefronts they create (except to the extent explicitly stated otherwise by Goody). Goody does not control, endorse, or assume any responsibility for any Storefront or any Storefront Operator’s acts or omissions. Any interactions between Storefront Customers and Storefront Operators are solely between those parties.
When a Storefront Customer places an order through a Storefront, such transaction is processed through the Services in accordance with these Terms, including the “Terms of Sale” section. Products made available through Storefronts are third-party goods, and Goody’s role is limited to facilitating access to such Products and processing transactions as described in these Terms.
In connection with purchases made through a Storefront, certain information provided by Storefront Customers (including name, email address, phone number, shipping address, and order details) will be shared with the applicable Storefront Operator and relevant third-party service providers for purposes of processing, fulfilling, and supporting the order, and operating the Storefront.
By placing an order through a Storefront, you expressly direct and authorize Goody to share your information with the applicable Storefront Operator and such service providers for these purposes.
If you do not want your information shared with a Storefront Operator, you should not make a purchase through that Storefront.
Each Storefront Operator agrees to:
(a) use such information solely for legitimate business purposes related to the operation of the Storefront and fulfillment of orders;
(b) implement appropriate administrative, technical, and organizational safeguards to protect such information; and
(c) comply with all applicable data protection, privacy, and marketing laws and regulations in connection with their use of such information.
Storefront Customers acknowledge that any relationship they have with a Storefront Operator (including as an employee, customer, or otherwise) is independent of Goody, and Goody is not a party to any such relationship.
Goody reserves the right, in its sole discretion, to suspend, restrict, or terminate any Storefront or access thereto at any time, with or without notice, for any reason, including if Goody reasonably believes that the Storefront or its use violates these Terms or applicable law.
Your use of certain features of the Services may involve integrations with third-party artificial intelligence (“AI”) systems, agents, or applications, including those that operate using the Model Context Protocol or a similar framework (“AI Integrations”). These AI Integrations may enable you to discover, select, configure, and send gifts, initiate transactions, manage recipients, or perform other actions through conversational or programmatic interfaces.
You are solely responsible for all actions initiated through AI Integrations associated with your account, whether such actions are performed directly by you or by an AI system acting on your instructions or on your behalf. You are responsible for reviewing and approving any transaction, including pricing, recipients, and delivery method, prior to submission.
Certain features may present pricing and require user confirmation before completing a transaction. You agree that any confirmed transaction constitutes a binding order and you authorize us (or our third-party providers) to process payment accordingly. You are responsible for maintaining appropriate internal controls over any automated or recurring transactions initiated through AI Integrations.
AI Integrations may rely on third-party platforms, AI providers, or MCP-enabled services to access functionality (including gift catalogs, pricing, fulfillment, or messaging). We do not control and are not responsible for the operation, availability, security, or accuracy of such third-party systems. Your use of AI Integrations may be subject to additional terms imposed by those third parties.
In order to enable AI-driven functionality, certain data (including user inputs, recipient information, and transaction details) may be transmitted to and processed by third-party AI systems or MCP-connected services. You represent and warrant that you have all necessary rights and consents to provide such data and to permit its use for these purposes.
AI systems operate probabilistically and may produce inaccurate, incomplete, or unintended outputs. We do not warrant the accuracy, suitability, or appropriateness of any AI-generated recommendations, messages, or actions. AI systems are not our agents, and their outputs do not constitute advice, representations, or commitments by us.
AI Integrations may allow for automated or recurring gifting workflows (e.g., scheduled or event-based actions). You acknowledge that such workflows may execute without further manual intervention once activated. You are solely responsible for monitoring, modifying, or disabling such automations.
We reserve the right to impose limits on transactions initiated through AI Integrations (including spending thresholds, rate limits, or approval requirements) and to suspend or disable such functionality at any time for security, compliance, or operational reasons.
Any time you access or use the App, Site, or Services, you are required to comply with our User conduct guidelines, as set forth below. You agree that you will access and use the App, Site, and Services for your personal use only.
You are not authorized to access or use the App or Site:
Further, you may not:
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 or Site, 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 or Site, and we cannot take responsibility for such User Content. Any use or reliance on any User Content is at your own risk.
If you feel that another User has violated these Terms or any Supplemental Terms, abused the App, Site or Services 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.
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, Site, 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 these 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, Site, and Services (including for customer support purposes).
The App, Site, 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, Site, 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, Site, 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, Site, or Services in any form or by any means, or sublicense the rights granted in these Terms, except as expressly permitted herein, without the prior written permission of Goody or the intellectual property owner, as applicable.
The limited licenses and rights expressly granted herein are 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 these Terms. All rights not expressly granted to you by these Terms are hereby reserved.
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, Site, and Services, 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 or Site, subject to any applicable data protection laws.
Goody does not claim any ownership rights in Your Content and nothing in these 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 Site 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.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the App, Site, and Services (“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.
Users are required by these 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 to help you to evaluate and make your own decisions about the identity and suitability of others whom you contact or interact with via the App, Site, or Services.
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.
The App, Site, and Services may also provide links to third-party websites, resources or services that are not owned, controlled or operated by Goody. 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/.
The 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 (“App Store Terms and Conditions”).
Without limiting the foregoing, the following applies to App Store Downloads:
You represent and warrant to Goody that:
(a) you have the power and authority to accept and agree to these Terms;
(b) you own or control all of the rights necessary to grant the rights and licenses granted herein;
(c) 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, Site, and Services;
(d) the exercise by Goody of the rights granted by you hereunder will not cause Goody to violate any applicable laws, rules or regulations, or to infringe the rights of any third party; and
(e) 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.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APP, SITE, 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, THE GOODY PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR 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, SITE, PRODUCTS OR SERVICES, THAT USE OF THE APP, SITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY APP CONTENT OR SITE CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
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.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold the Goody Parties 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, Site, or Services, including any and all features, functionality, tools, content and promotions available on and through the App, Site, or Services, (ii) Your Content, (iii) any interactions with any other User, (iv) your breach of these Terms or any Supplemental 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/or (v) your gross negligence or willful misconduct.
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.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by these Terms.
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.
Certain portions of this Section 11 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (the “FAA”). You and Goody agree that we intend that this Section 11 satisfies the “writing” requirement of the FAA.
These 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.
Except as otherwise set forth in these Terms, if any dispute, allegation or claim arises out of or relates to these Terms or the App, Site, or Services (collectively, “Disputes”), or to any of Goody’s actual or alleged intellectual property rights (an “Excluded Dispute”, which shall include those actions set forth in Section 11.5), then you and Goody agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Goody’s notice to you will be sent to you based on the most recent contact information that you provide Goody. But if no such information exists or if such information is not current, then Goody has no obligation under this Section 11.2. Your notice to Goody must be sent to: support@ongoody.com. For a period of sixty (60) days from the date of receipt of notice from the other party, we will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Goody to resolve the Dispute or Excluded Dispute on terms with respect to which you and Goody, in each of our sole discretion, are not comfortable. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding.
If we cannot resolve a Dispute as set forth in Section 11.2 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND GOODY (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
Any Dispute shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”). If the Dispute constitutes a consumer dispute under applicable AAA rules, the arbitration shall be administered in accordance with the AAA Consumer Arbitration Rules. For all other Disputes, the arbitration shall be administered in accordance with the AAA Commercial Arbitration Rules. The applicable AAA rules are available at http://www.adr.org (the “AAA Rules”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by JAMS using JAMS’s streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Goody consent to in writing. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
The arbitration shall take place in the State of New York before a single neutral arbitrator appointed in accordance with the applicable AAA Rules and shall be conducted in the English language. The FAA shall govern the arbitration. The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and formation of this arbitration agreement.
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.
All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. Any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IF YOU OR GOODY WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR GOODY MUST COMMENCE IT BY DELIVERY OF WRITTEN NOTICE TO THE OTHER WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
The foregoing provisions of this Section 11 will not apply to any legal action taken by Goody to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any App Content or Site Content, and/or Goody’s intellectual property rights (including such that Goody may claim are in dispute), Goody’s operations, and/or Goody’s products or services.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GOODY PARTIES 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. Notwithstanding any other provision of this Section 11, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted 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. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. To the maximum extent not prohibited by law, 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.
Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
Our collection and use of information about Users is governed by our Privacy Policy. By accessing and using the App, Site, and Services, 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, Site, and Services, 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.
These Terms, our Privacy Policy, and the applicable Supplemental Terms, constitute the entire and exclusive understanding and agreement between you and Goody regarding your access to and use of the App, Site, and Services 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.
You may not assign, transfer, delegate or sublicense any of your rights or obligations under these 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 these Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and assigns.
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Any provisions of these Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms shall survive such expiration or termination.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Goody (i) via e-mail (in each case to the address that you provide), and/or (ii) by posting to the App or Site. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
Our failure to exercise any right or enforce any obligation under these Terms 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.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
Except as otherwise provided in these Terms, if an arbitrator or a court of competent jurisdiction finds any provision of these 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.
The headings in these Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
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
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the App, Site, or Services or requests to receive further information regarding use of the App, Site, 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 (800) 952-5210. Hearing impaired persons may call 711 or 1-800-735-2929 (TTY), see www.dca.ca.gov for additional information.
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 (the “Referral Program”).
For a referral to qualify, a referred User must:
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 Referral Program as described in this Section. 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 Referral 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 these Terms) at the time a Referral Bonus is deposited into your account to receive the Referral Bonus. Existing 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 in accordance with these Terms.
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