Updated: 17th June 2024
Please take a moment to review the following terms. Your use of this website and any related sub-domains, collectively referred to as the Website, is subject to your acceptance of these Terms of Use without alterations. By accessing or using the Website, you agree to abide by this Agreement.
If you have not read, do not understand, or do not agree to this Agreement, or are unable to consent to it, including if you are not of legal age or lack authority to bind an entity, you may not use the Website.
Each time you access or use the Website, you are entering into an agreement with GoodHolly. We reserve the right to modify this Agreement at any time, and it is your responsibility to review the Agreement whenever you access or use the Website.
Parties Involved: This Agreement is between GoodHolly, referred to as the Company, and either the individual user accessing the Website or the legal entity represented by that user. This Agreement governs your use of the Website and does not modify any separate agreements you may have with GoodHolly or its Affiliates.
Definitions: Affiliate refers to any entity that directly or indirectly controls, is controlled by, or is under common control with GoodHolly and is under common management. Personal Information means any information that identifies or can be linked to an individual. Service Providers are third parties that support the Website or related services. User means any individual accessing the Website.
Changes to Terms and Website: GoodHolly may update this Agreement or modify the Website at any time by posting a revised version. Changes are effective immediately upon posting. Continued use of the Website constitutes acceptance of the updated Agreement.
You waive the right to receive specific notice of changes and acknowledge that it is your responsibility to review this Agreement regularly. Changes related to dispute resolution or applicable law will not apply to disputes already initiated prior to the change.
If you do not agree to the updated terms, you must immediately stop using the Website.
GoodHolly may change, suspend, or discontinue any feature or functionality of the Website at its sole discretion.
Use of the Website by Minors: The Website is not intended for individuals under eighteen years of age. If you are found to be underage or unable to consent, GoodHolly may terminate access or remove content without notice.
Overview: GoodHolly values transparency and privacy. Our Privacy Policy explains how Personal Information is collected, used, shared, and processed through the Website. By using the Website, you consent to the Privacy Policy, which may be updated from time to time.
Consent for Contact: By submitting forms or contacting us, you acknowledge a business relationship and consent to be contacted by phone, email, text, or mail by GoodHolly or its Service Providers. If you opt in to SMS marketing, you agree to receive promotional messages and may opt out at any time. Consent to SMS marketing is not required to use the Website.
Consent to Share: By using the Website, you consent to the sharing of your Personal Information with Affiliates and third parties as described in the Privacy Policy.
Accessing our Website requires internet connectivity through your device. You're responsible for ensuring internet access and making necessary arrangements for Website access. Any associated charges for internet or mobile usage, including notifications from the Website, are your responsibility. We do not guarantee compatibility with all devices or support from all mobile carriers. Certain features may require JavaScript, cookies, or other technologies, which should be enabled for optimal functionality.
The Website's content, structure, visual design, and all other elements, such as text, graphics, logos, software, and more, are either owned or licensed by the Company. These elements are protected by copyright, trademark, patent, trade secret, and other intellectual property laws in Canada, the United States, and other regions.
You are not permitted to sell, license, distribute, copy, publish, modify, or create derivative works from the Website without the Company's express written consent. The Company reserves all rights not explicitly granted in this Agreement.
You do not gain any ownership rights to the Website except for the limited rights outlined in this Agreement. The Company will vigorously protect its intellectual property rights related to the Website within the bounds of the law.
a. Allowed Usage: Under this Agreement, you receive a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Website and its materials solely for personal use, as defined in this Agreement and any other relevant agreements between you and us.
b. Restrictions on Website Use: You are not permitted to utilize the Website or any of its materials for purposes related to commercial gain on your part.
You must agree not to utilize the Website or any of its associated materials for any unintended or unlawful purposes, or in any manner that could potentially cause harm, damage, or disparagement to any other party, including GoodHolly, its affiliates, and its suppliers.
Without explicit authorization from us, you are prohibited from altering or modifying the Website, making electronic reproductions or distributions beyond its intended use, selling or transferring Website rights, removing proprietary notices, using trademarks as meta-tags, conducting comparative or competitive research, copying or deleting server-stored information outside intended functionality, infringing legal or intellectual property rights, engaging in harassing or abusive behavior, accessing restricted areas without authorization, impersonating others, using automated data collection tools, disrupting Website functionality, probing security vulnerabilities, introducing malicious code, posting prohibited or offensive content, or using the Website in violation of any applicable laws or regulations.
You are allowed to provide links to the Website, provided that the integrity of the Website's content is maintained, the link directs to a lawful website that does not engage in illegal or pornographic activities, and the link is promptly removed upon our request.
a. Your Data Usage Agreement: By using our website, you acknowledge that we have exclusive rights and ownership to all data or statistics (referred to as "Data") gathered from your activities on the website, whether by the website itself, its employees, agents, or consultants.
We reserve the right to use this Data for any commercial or other purposes without compensating you or your successors. Additionally, you grant us a nonexclusive, irrevocable, worldwide, perpetual, and royalty-free right to use and commercialize any Data derived from your use of the website, including user-generated content, ideas, and data, without requiring further consent or compensation.
b. User Material Rights: Any materials or information you provide to us through postings, emails, or other communications regarding our company or the website become our exclusive property, including all intellectual property rights. We may use these submissions for any purpose, commercial or otherwise, without acknowledging or compensating you.
a. Third-Party Content Disclaimer: Our website may display materials and content from third parties, including advertising and promotional content ("Third-Party Content"). The display of Third-Party Content does not imply any sponsorship, endorsement, or approval by us, and we are not responsible for its timeliness, completeness, or accuracy.
Your interactions with third parties accessed through the website are at your own risk, and we disclaim liability for any damages or issues arising from such interactions. Links to third-party websites are provided for convenience only, and we are not responsible for their content or any negative experiences you may encounter on those sites.
b. Service Providers Usage: We may use third-party service providers, such as analytics services, to enhance your experience on the website. By using our website, you grant us the necessary rights to disclose your Personal Information to these service providers for the purpose of providing and improving our services to you, in accordance with applicable laws and our privacy policies.
a. Your Assurances: By using GoodHolly.com, you affirm that if you are using the Website on behalf of a business, organization, or other entity, you have the authority to agree to these terms and bind that entity to this Agreement.
You affirm that you are at least eighteen (18) years old, can and will comply with the terms of this Agreement, are not restricted by GoodHolly or its Affiliates from using the Website or accessing related products or services, and will maintain honesty and professionalism in your use of the Website.
b. Website Availability: You acknowledge that uninterrupted availability of the Website cannot be guaranteed. Technical issues, maintenance, upgrades, or other factors may cause interruptions or outages.
We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time, with or without notice. You agree that GoodHolly.com and its affiliates are not liable for any consequences resulting from such changes or interruptions.
c. Disclaimers: By accessing and using the Website and its materials, you do so at your own risk. Unless explicitly stated otherwise, the Website and all materials, user content, and third-party content are provided on an "as is" and "as available" basis.
The Company, its affiliates, and suppliers disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from trade practices.
We do not guarantee that the Website or its content is accurate, complete, reliable, appropriate, or timely, nor do we guarantee uninterrupted, secure, or error-free access.
The Company and any third parties hosting the Website are not liable for products, content, or information provided through the Website. Some jurisdictions may not allow the exclusion of certain warranties, so some disclaimers may not apply to you.
a. In General: We strive to comply with applicable laws to the fullest extent possible. Despite any provisions in this Agreement, our liability, along with that of our affiliates, partners, suppliers, advertisers, officers, employees, agents, contractors, successors, or assignees, is limited to one thousand dollars ($1,000).
This limitation includes direct, indirect, special, incidental, exemplary, punitive, or consequential damages arising from contract, equity, tort, or other legal grounds, including breach of warranty, negligence, or strict liability. These damages may relate to delays, loss of goodwill, data loss, interruptions in data use, loss of money or product use, lost profits, anticipated revenue or savings, or other economic losses.
This limitation applies to all matters concerning the Website, including your use of the Website, information you provide to us, links, materials, user content, third-party content, and products offered through the Website, even if we were advised of the possibility of such damages. These limitations remain effective even if any remedy fails of its essential purpose.
b. Time Limit for Claims: Any claims or legal actions related to these Terms of Use or the Website must be initiated within one (1) year from the date the cause of action arises. Claims brought after this period are permanently barred.
By using the Website, you agree to defend, indemnify, and hold harmless GoodHolly.com, its affiliates, directors, officers, partners, employees, agents, contractors, successors, and assigns from any claims, lawsuits, damages, liabilities, losses, costs, expenses, judgments, settlements, and penalties, including legal fees and court costs.
This obligation arises from your breach of this Agreement, your activities related to the Website, including information you provide, and your use of any links, materials, information, or products offered through the Website.
a. Duration: This Agreement remains in effect for as long as you access or use the Website.
b. Termination: We reserve the right to terminate or restrict your access to the Website at any time, for any reason or no reason, with or without notice. We may seek injunctive or equitable relief without posting a bond and will not be liable for terminating your access.
c. After Termination: Provisions of this Agreement that by their nature should survive termination will continue to apply, including sections related to privacy, proprietary rights, limitations of liability, indemnification, dispute resolution, and governing law.
We take copyright violations seriously and will promptly address any confirmed infringement. We reserve the right to remove infringing material from the Website and may revoke access for users who violate intellectual property rights.
If you believe your copyrighted work has been posted without authorization or was removed in error, please contact our designated copyright agent using the contact information available on our Website.
Your notification should include your physical or electronic signature, identification of the copyrighted work, a description and location of the infringing material, your contact information, a statement of good faith belief regarding unauthorized use or mistaken removal, and a statement affirming the accuracy of the information under penalty of perjury.
To submit a copyright infringement claim or counter-notice, please use the contact details provided on our Website. We appreciate your cooperation in maintaining a lawful and respectful online environment.
Our Company's servers and operations are primarily located in the United States and operate under United States law. Users accessing the Website from outside the United States and Canada acknowledge the following conditions.
a. You understand that data protection and privacy laws in the United States, Canada, and other countries may differ from those in your country. By using the Website, you consent to the transfer, storage, and processing of your information, including submissions and Personal Information, in the United States, Canada, and other countries.
b. You agree to comply with all applicable local laws, rules, and regulations, including those of your country of residence and the country from which you access the Website. The Website is not intended for use in jurisdictions where such use would violate applicable laws or regulations or require Company registration.
We appreciate your understanding and cooperation in ensuring compliance with applicable laws and regulations.
a. Resolution Process: Our goal is to resolve disputes efficiently and without unnecessary disruption. If a dispute cannot be resolved through normal business channels, you agree to provide us with written notice describing the issue, relevant supporting documents, and the relief sought.
We will respond with our position, and both parties agree to engage in good-faith communication to resolve the dispute as promptly as possible.
b. Class Action Waiver: You and GoodHolly.com agree that any dispute resolution or legal proceeding will be conducted solely on an individual basis. You waive the right to participate in any class action, representative action, collective action, private attorney general action, or similar proceeding.
c. Jury Trial Waiver: By agreeing to these terms, both parties knowingly and voluntarily waive any right to a trial by jury.
a. Governing Law and Jurisdiction: This Agreement and any disputes arising from it are governed by the laws of Ontario and Canada if you are located in Canada, or by the laws of Maryland and applicable federal laws of the United States if you are located in the United States, without regard to conflict of law principles.
You agree that any legal actions related to the Website or this Agreement will be brought exclusively in the courts of Ontario and the Federal Court of Canada for Canadian users, in Maryland state or federal courts for U.S. users, or in any other judicial district designated by the Company for matters related to this Agreement.
b. Entire Agreement: This Agreement, together with all referenced rules, policies, terms, and conditions, represents the complete and exclusive agreement between you and us regarding its subject matter and supersedes all prior or contemporaneous agreements or communications.
c. Severability: If any provision of this Agreement is determined to be invalid or unenforceable, that provision will be modified or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
d. Waiver: Our failure or delay in enforcing any right or provision of this Agreement does not constitute a waiver of that right or provision.
e. Assignment: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign our rights or delegate our obligations under this Agreement without restriction.
f. Third-Party Beneficiaries: This Agreement is intended solely for the benefit of you, us, and our respective successors and permitted assigns, and does not create any rights for any third party.
g. Export Compliance: You agree to comply with all applicable export control laws and regulations and represent that you are not prohibited from accessing the Website under such laws. You may not allow access to the Website from embargoed countries or by restricted parties.
h. Contact Us: If you have questions or comments regarding this Agreement or the Website, you may contact us by email at [email protected] or by writing to us at the address provided on our Website.