Terms of Use

GOAT USA TERMS OF USE

Date of last revision: December 2024

IMPORTANT NOTICE – SECTION 16 (DISPUTES/MANDATORY ARBITRATION/CLASS ACTION WAIVER) OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH MAY REQUIRE YOU AND US TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. FOR COMPLETE TERMS AND CONDITIONS THAT BIND YOU AND USE, PLEASE REFER TO THE “MANDATORY ARBITRATION” SECTION OF THIS DOCUMENT.

Welcome to the GOAT USA website, www.goatusa.com (the “Website”), owned and operated by GOAT USA INC. Except as otherwise noted herein, these terms of use (the “Terms”) govern Your (“You”, “Your”) use of the Website and the services, Content (as defined herein) and products (collectively, the “Services”) provided by GOAT USA (as defined herein). Agreement to these Terms also constitutes Your agreement to the Loyalty Program Terms and Conditions (“Loyalty Program Terms”), the Mobile Subscription Service Terms outlined in Section 19 and the Sticker Subscription Terms outlined in Section 20. YOUR GOAT USA STICKER SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS YOU TAKE STEPS TO PREVENT IT FROM RENEWING AS EXPLAINED IN SECION 21.

By accessing or using any part of the Website or the Services, You agree to be bound by these Terms. If You do not agree to these Terms, then You may not access the Website or use any of the Services offered by GOAT USA. Any new features or tools that are added to the Website following the publication of these Terms shall also be subject to the Terms.

You may access the Website and the Services through a computer, mobile phone, tablet, or other technology, which We refer to herein as a “Device”. Your carrier's normal rates and fees apply to Your Device.

GOAT USA offers You the Website and the Services, including all information, tools and services available from therein to You, conditioned upon Your acceptance of these Terms. By accessing or using the Website and/or the Services, You agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms apply to all Users of the Website and Services, including, without limitation, shoppers, browsers, customers, merchants, and/or contributors of Content.

We contract with Shopify Inc., which provides an e-commerce platform that enables Us to sell Our products to consumers. Shopify Inc.’s services are subject to Shopify’s Terms of Service, available at https://www.shopify.com/legal/terms. If there is a conflict between these Terms and Shopify Inc.’s Terms of Service (other than Our Terms of Sale and Privacy Policy), Shopify’s Terms of Service will control with respect to conduct on its platforms.

These Terms create a legally binding agreement between You and GOAT USA and its affiliates (which we may refer to as “GOAT USA,” “We,” “Us,” or “Our”) regarding Your use of the Website and the Services. By making any purchase with Us, or by interacting with the Website and/or the Services, You also agree to the Terms of Sale and Privacy Policy, which are expressly incorporated as part of these Terms. Our Privacy Policy describes the collection and use of personal information on the Website and/or through Your use of the Services. If You do not agree to Our Privacy Policy, do not use Our Website or the Services.

Our Terms May Change
GOAT USA reserves the right to make changes to the Website and/or the Services from time to time in GOAT USA’s sole discretion, with or without notice to You. When We make changes, We will post them here. Please check these Terms periodically for changes. We encourage You to read through any changes, and if You do not agree to them, please stop using the Website and the Services. If You continue to use Our Website and the Services after We notify You of changes, You will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.

You are only eligible to use the Website and the Services if You are of legal age in Your country or region. If You make a purchase from Us, You represent and warrant that You are of legal age, of sound mind, and are providing accurate and current information about Yourself to GOAT USA. You may not use the Website or the Services for any illegal or unauthorized purpose nor may You violate any laws in Your jurisdiction (including, but not limited to, copyright laws).

1. LICENSE TO USE WEBSITE.

GOAT USA hereby grants You a limited, personal, nontransferable, nonexclusive license to access the Website and Our Services, subject to, and in accordance with, these Terms. Any violation terms of these Terms is grounds for immediate termination of this limited license and may result in legal action by GOAT USA.

2. RULES OF CONDUCT.

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and the Services. In addition, Your use of the Website and the Services is conditioned on Your compliance with the following rules of conduct. A breach or violation of these Terms may result in an immediate termination of all access to the Website and/or GOAT USA Services to You.

You agree not to use the Website or the Services for any unlawful or fraudulent purpose, including, but not limited to, impersonating any person or entity, including, but not limited to, any GOAT USA employee, agent, or representative, or expressing or implying that GOAT USA endorses any statement You make.

You also may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or the Services. Further, You may not interfere with, or disrupt the operation of, the Website or Our Services, including by restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website, or by interfering with the Website or attempting to gain unauthorized access to the Website or any GOAT USA computer system. Further, transmitting or otherwise making available in connection with the Website any worms, viruses, malware, ransomware, Trojan horse or any malicious code or any other harmful programming or making any use of data extraction, scraping, mining or other data gathering tools is strictly prohibited. You may not create a database by systematically downloading or storing Website Content, and You may not collect, scrape or otherwise store Content, account information, product listings/descriptions, prices or images, except pursuant to the limited license granted by these Terms.

Moreover, You may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about GOAT USA’s employees and representatives without their express written consent. You are also prohibited from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website. Finally, You may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Content, including GOAT USA’s or any other party’s intellectual property therein, without Our prior express written authorization. Any commercial use of the Website or its Content (including, but not limited to, product listings/descriptions, prices or images), including, but not limited to, use of any meta tags and/or any other hidden text utilizing GOAT USA’s name or trademarks, is strictly prohibited.

You may not violate or attempt to violate the security of the Website, or access or attempt to access any data or any part of the Website that You are not authorized to access. Any attempt by You by any means to interfere with a) the operation of the Website, b) GOAT USA’s Services offerings, or c) Our third party partners or d) Our network, including, but not limited to, any attempts to overload, flood or crash the Website, or to test the Website’s breach security or authentication measures, is strictly prohibited.

Certain portions of Our Website may be protected by passwords or require a login. If You have been given a password for access to non-public areas of the Website, You are solely responsible for all activities occurring in connection with or originating from such password. You should take steps to protect the confidentiality of such password and notify GOAT USA immediately if You become aware of any disclosure, loss, theft or unauthorized use.

You may not post on Our Website any content that a) is unlawful, violent, offensive, libelous, defamatory, obscene, profane, sexually explicit, indecent or otherwise deemed objectionable by GOAT USA in its sole discretion, b) violates or infringes the rights of third parties; c) harms or attempts to harm minors; d) contains advertising, promotions, spam or commercial solicitations of any kind. You further may not misrepresent the identity of a user, impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Website.

3. OWNERSHIP OF CONTENT.

All of the Content and materials contained on or distributed within Our Website (including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, audio, photos, images, graphics, contests, messaging features merchandise, logos, designs, copyrights, trademarks (including the GOAT USA name and the CHUCK THE GOAT name and design) service marks, trade names and all other content or intellectual property related to the Website or GOAT USA (the "Content")) constitute valuable intellectual property owned by GOAT USA, Our licensors, or the third party credited as the owner of the Content. GOAT USA and Our licensors retain all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in and to the Content and Services and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Content or Services and You are not granted any right or license to use the Content or Services itself, apart from Your ability to access the Content and Services under these Terms.

Any Content You create using GOAT USA’s Content, name, and/or logos or trademarks and submit to Us or post on Our Website shall become Our property. You do not acquire a license or any ownership rights to any of the Content through Your access or use of the Website. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.

You may download one copy of each piece of Content from the Website to any single computer for Your personal, noncommercial use only, provided that You also retain all proprietary notices contained on such Content. GOAT USA grants You a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such Content solely for its intended purpose and solely for as long as GOAT USA makes such Content available to the public. You may not reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms, without the express written permission of GOAT USA, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Website in any manner is a violation of the applicable owner’s copyright, other proprietary rights and these Terms. GOAT USA reserves the right to monitor Your use and to alter or revoke this license or Your access to the Content at any time and for any reason. Unauthorized use of the Content may constitute a breach of these Terms and a violation of copyright, trademark or other intellectual property laws and may subject You to criminal or civil charges and penalties.

GOAT USA allowing You this limited use does not constitute a waiver of any of GOAT USA’s rights to the Content. GOAT USA reserves the right to take down any Content You post in violation of these Terms.

4. POSTING OR SUBMITTING USER GENERATED CONTENT.

By posting or submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to GOAT USA, through feedback, email message, social media postings, or in any other manner, You hereby explicitly agree that: (a) Your Submissions do not contain confidential or proprietary information; (b) You represent and warrant that You have the right to post and/or submit Your Submissions and that You own and/or otherwise control all of the rights in and to any such Submission and that such Submission will not violate the intellectual property rights of any third party; (c) You grant GOAT USA a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide right and license to use any name, image or likeness of any person that appears in the Submission, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, sublicense, distribute and assign these rights; (d) Your Submissions automatically become the property of GOAT USA without any obligation of GOAT USA to You, with no right of attribution and no right to compensation; (e) GOAT USA is not under any obligation of confidentiality relating to the Submissions, either express or implied; (f) GOAT USA, in its sole discretion, shall be entitled to use the Submissions in any lawful way, manner, purpose or otherwise, worldwide, without any further approval or compensation; and (g) You are not entitled to any compensation or reimbursement of any kind from GOAT USA in exchange for the Submissions.

GOAT USA may access and use the Website and any information stored thereon, including the contents of any Submissions, for any lawful purpose. Further, We may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect Our rights or property, or for any other reason.

GOAT USA is not responsible for any Submissions others make to or post to the Website. You are responsible for all of Your own communications on the Website, and You are responsible for the consequences that may arise from any such communications.

GOAT USA may, in its sole discretion, remove any Submissions at any time. You understand that deleted Submissions may persist in GOAT USA’s systems to the extent Your Submission has been publicly posted or shared with others who have not deleted it, unless You or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

5. RULES FOR PROMOTIONS.

Any sweepstakes, contests or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules for that promotion as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

6. RETURNS.

GOAT USA allows returns of GOAT USA products purchased on the Website, at GOAT USA live events, and at GOAT USA retail stores in accordance with the GOAT USA Return Policy. If You have a question about a return, please review the return policy or email team@goatusa.com.

7. GIFT CARDS.

All gift cards are issued by GOAT USA INC and are nonrefundable. GOAT USA gift cards cannot be transferred, exchanged, resold or redeemed for cash (except where required by law). GOAT USA gift cards are redeemable only at GOAT USA retail locations and the Website. Purchases made with a GOAT USA gift card are ineligible for coupons and discounts unless otherwise noted in the promotion terms for that discount/coupon. Sales tax will not be applied to gift card purchases. The total gift card purchase for any one individual may not exceed One Thousand U.S. Dollars ($1,000.00). GOAT USA is not responsible for lost or stolen gift cards.

8. THIRD-PARTY CONTENT AND ACTIVITIES.

From time to time, GOAT USA may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Website but this does not mean GOAT USA endorses, monitors or has any control over these Third Parties or their content or activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites’, terms of use and privacy policy. GOAT USA is not responsible for the content, policies, or activities of Third Parties and You interact with Third Parties at Your own risk.

9. PHYSICAL ACTIVITY.

[See Canada terms, because the following exclusions and limitations may not apply to You.] The Website may include features that promote physical activity, sports or general wellness. They are for Your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. You must consider the risks involved and consult with Your medical professional before engaging in any physical activity. Never disregard professional medical advice or delay in seeking it because of something You have viewed on the Website. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GOAT USA IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE WEBSITE.

10. SOCIAL MEDIA USER INTERACTIONS.

GOAT USA has pages on Facebook, TikTok, Instagram, X, LinkedIn and YouTube. Use of those platforms and any other similar social media platforms is subject to their respective terms of service. Any postings made on any GOAT USA social media page will be subject to the community standards of the individual social media site along with GOAT USA’s community guidelines. To the extent allowed by applicable law, We are not responsible for Your interactions with other users of Our Social Media or any damage or harm You may experience because of these interactions. You acknowledge and agree that You must be responsible and take precautions when interacting with other users (including users You do not know) on Our social media, and You must comply with the acceptable use and conduct guidelines of the respective platforms. GOAT USA is under no obligation to become involved with any user dispute but may do so at its own discretion.

11. WARRANTY DISCLAIMER.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE. THIS WEBSITE, THE CONTENT AND THE MATERIALS AND PRODUCTS MADE AVAILABLE THEREIN ARE PROVIDED “AS IS,” WITH ALL FAULTS. GOAT USA DOES NOT GUARANTEE THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. ANY MATERIAL DOWNLOADED, ACCESSED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

TO THE FULLEST EXTENT PERMITTED BY LAW, GOAT USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, CONTENT, SUBMISSIONS, AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS TO THE WEBSITE, THAT ACCESS TO THE WEBSITE MAY BE SECURE, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

GOAT USA PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THIS WEBSITE WITHOUT NOTICE. GOAT USA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GOAT USA IS NOT RESPONSIBLE OR LIABLE FOR ANY SUBMISSIONS POSTED ON THE WEBSITE. NOTHING CONTAINED ON THIS WEBSITE SHALL BE INTERPRETED AS ADVISING YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW. See Canada terms.

You are solely responsible for any damage to Your Device resulting from accessing the Website, to the extent applicable law does not provide otherwise.

We hope You enjoy and get the full benefit of the Website; however, We do not guarantee any results.

12. TERMINATION.

GOAT USA may terminate or modify the Website, or any Services at any time without notice. GOAT USA may delete any of Your Submissions, and restrict Your use of all or any part of Our Website, Social Media (or related applications) at any time and for any reason, without any liability to GOAT USA, subject to applicable law.

These Terms remain in effect even after Your account is terminated or You have stopped using Our Website.

13. INDEMNIFICATION / LIMITATION OF LIABILITY.

We want You to enjoy Our Website, but GOAT USA must also protect itself from any damages You may cause.

Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to You. See Canada terms. You agree to indemnify, defend, and hold harmless GOAT USA, its affiliates, officers, directors, shareholders, employees, agents, licensors and suppliers (the “GOAT USA Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to Your Submissions, Your use of Content, Your use of the Website, Your conduct in connection with the Website or with other users, or any violation of these Terms of Use, any law or the rights of any third party. You, for Yourself and on behalf of Your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the GOAT USA Parties from any and all claims or causes of action You may have for damages relating in any way to Your use of the Website, and covenant not to sue the GOAT USA Parties.

14. LIMITATION OF LIABILITY.

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to You. See Canada terms. NONE OF THE GOAT USA PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, OR ATTENDANCE AT A GOAT USA EVENT OR GOAT USA PARTNER EVENTS, OR ANY SUBMISSIONS OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE WEBSITE, EVEN IF GOAT USA OR THE GOAT USA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST GOAT USA PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. IF ANY GOAT USA PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT, SUCH GOAT USA PARTY’S LIABILITY SHALL NOT EXCEED ONEW HUNDRED U.S. DOLLARS ($100.00). ANY CLAIMS MADE AGAINST GOAT USA MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

15. ENFORCEMENT OF THE AGREEMENT.

GOAT USA may investigate any reported, alleged or suspected violation of these Terms, and take any action that GOAT USA, in its sole discretion, deems appropriate. Such actions may include, but are not limited to, issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time. Additionally, GOAT USA reserves the right to bring suit for any violation of these Terms.

16. DISPUTES/ MANDATORY ARBITRATION/CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT AS OTHERWISE STATED BELOW, YOU AND WE AGREE THAT ANY CLAIM THAT YOU OR WE MAY HAVE AGAINST THE OTHER MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT OR AS PART OF ANY CLASS ACTION. DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

The terms of this Section 16 apply to all Disputes, as defined below, even if the acts, omissions, or relationships giving rise to such Disputes occurred prior to this version of the Terms (or such modification). However, if You or we initiated an arbitration or lawsuit prior to this version of the Terms (or such modification), that arbitration or lawsuit will continue to be governed by the version of the Terms applicable when the arbitration or lawsuit was initiated.

If any provision in this Section 16 is deemed to be unlawful, void, or for any reason unenforceable, that provision shall be severed, with the rest of Section 16 of these Terms of Use remaining in full force and effect. Each provision of this Section 16 applies to the maximum extent permitted by law whether or not so expressly stated.

a. Binding Arbitration and Class Action Waiver.

You and we agree that this agreement evidences a transaction in interstate commerce and that the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies.

You and we agree to submit all Disputes between us to individual, binding arbitration under the provisions in this Section 16. A “Dispute” means any dispute, claim or controversy (except those specifically exempted below) between You and Us that in any way arises out of, relates to or is connected with Your subscription, Your account, Your use or attempted use of Our Website, Your use or attempted use of Our Services, all marketing from Us, these Terms, including Loyalty Program Terms and the Sticker Subscription Terms, the Privacy Policy, or any other agreement between You and Us, including any disputes over the validity or enforceability of this agreement to arbitrate. A Dispute shall be subject to these Binding Arbitration and Class Action Waiver provisions regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence), or any other legal or equitable theory.

You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award may be limited.

b. Informal Negotiation Period.

In an effort to accelerate resolution and reduce the cost of any Dispute between us, You and we agree to first attempt to negotiate the Dispute informally (“Informal Negotiation”) for at least sixty (60) days before either party initiates any lawsuit or arbitration (“Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a Dispute with You, we will send notice of that Dispute to Your email or residential address You have provided to us. If You have a Dispute with us, You must notify Us in writing at the following email address: legal@goatusa.com, using the subject line “Notice of Dispute.” The Notice of Dispute must contain all of the following:

1. Your name
2. Residential address
3. Telephone number
4. Email address associated with
5. your subscription or account
6. A description of the facts of the Dispute as You understand them
7. A description of what You want Us to do to resolve the problem

Your notice of Dispute must be individual to You. A Notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow You or Us later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph.

The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and You agree that a notice of Dispute containing all of the information required above, followed by at least sixty (60) days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. This sixty (60) day period may be extended upon the mutual agreement of You and GOAT USA. If You or We are represented by counsel, You and We will participate in the consultation and good faith negotiations along with Your or Our respective counsel. If either of Us commences an arbitration without having previously complied with these Informal Negotiation requirements, You and We agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend or dismiss the arbitration until the party that initiated it complies. You and We authorize the arbitration provider (or the arbitrator) to decide summarily whether the party that commenced an arbitration complied with the Informal Negotiation requirements. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Negotiation process required by this paragraph.

c. Binding Arbitration.

If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute unless an exception applies as stated below.

The arbitration will be administered by the National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”) effective as of the date of the notice of Dispute. The NAM Rules and fee information for filing with NAM are available at www.namadr.com.

The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified by NAM in the NAM Rules and these Terms. If You are initiating an arbitration proceeding against GOAT USA, the notice of arbitration must be sent to legal@goatusa.com. Note that such notice will only be deemed valid if You have complied with the requirements outlined herein.

The arbitrator must follow applicable law. The decision of the arbitrator shall be in writing, and final and binding on You and Us, and any award of the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator shall be empowered to decide all issues except a) issues related to the enforceability of the arbitration provisions as outlined in these Terms and b) whether a Dispute can be brought in arbitration.

If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, You and We agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.

d. Class and Collective Action Waiver.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including, but not limited to, requests for public injunctive relief.

e. Claims Exempt from Arbitration.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, trade secret misappropriation, employment related claims (including workers compensation and sexual harassment), civil rights claims (including discrimination), and claims seeking immediate (injunctive) relief (“Excluded Claims”). Excluded Claims also are exempt from the Informal Negotiation provisions in Section 16(b) above.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party also may seek relief in a Small Claims Court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, then before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a Small Claims Court, after which the arbitration provider may close the case.

You may bring any Dispute in the Small Claims Court where You reside on an individual basis. All Disputes shall be brought within one (1) year after the Dispute arises, except to the extent a longer period is required by applicable law. Any Dispute brought in Small Claims Court may not be removed or appealed to any other court. Prior to filing any claim in Small Claims Court, You must submit a written certification of compliance with the Informal Negotiation process outlined herein.

Any Dispute that is not resolved through the Informal Negotiation process other than a claim in Small Claims Court as discussed herein will be subject to binding arbitration in Nassau County, New York. With respect to all Excluded Claims or Disputes that may be brought in Small Claims
court, You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Nassau County, New York.

f. Exception – Mass Arbitration.

If 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, You and We agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, You and We agree that it shall be administered by NAM and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by these Terms of Use, including the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, but excluding any rules that permit arbitration on a class-wide basis. The NAM Rules are available at http://www.namadr.com or by calling 1-800-358-2550. You and We agree that if either party fails or refuses to commence the Mass Arbitration before NAM, You or We may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, You and We agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Section 16(f) are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by JAMS.

g. 30 Day Right to Opt Out.

You have the right to opt out and not be bound by the Binding Arbitration and Class Action Waiver provisions in this Section 16 by sending written notice of Your decision to opt out to the following email address: legal@goatusa.com using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of the date on which You purchase Your subscription or create Your account (or if You already had a subscription or account at the time this version of the Terms became effective, then within 30 days following the Effective Date); otherwise, You shall be bound to arbitrate disputes in accordance with the terms of this Section 16. If You opt out of these arbitration provisions, we also will not be bound by them. Opting out of arbitration will not affect in any way the benefits to which You would otherwise be entitled.

h. Fees and Costs.

Payment of arbitration fees shall be determined by the neutral arbitration provider’s rules, as modified by this agreement. You and We agree that we each value the efficiency of arbitration and that we have a shared interest in reducing costs. You and We acknowledge and agree to act in good faith to ensure that the arbitration processes outlined in these Terms are followed and we will work together to ensure that the arbitration remains a cost-effective exercise for all involved parties.

i. Survival.

The Binding Arbitration and Class Action Waiver provisions in Section 16(a) shall survive termination of these Terms of Use and Your use of Our Services.

17. Choice of Law/Jurisdiction

If You live in Canada, different “Choice of Law/Jurisdiction” terms may apply to You.
• You agree that the Website, these Terms, the Privacy Policy and any dispute between You and GOAT USA shall be governed in all respects by New York law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Electronic Communications
• By using the Website, You agree to receive certain electronic communications from GOAT USA, subject to applicable law.
• You agree that any notice, agreement, disclosure or other communication that GOAT USA sends You electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to Assign, No Waivers, Severability, Entire Agreement
• GOAT USA may assign its rights and duties under these Terms to any party at any time without notice to You, unless notice to You is required by applicable law, but this will not affect Your rights or Our obligations under these Terms. You are expressly prohibited from assigning any of Your rights or obligations under these Terms without GOAT USA’s express written consent.
• You agree that no joint venture, partnership, employment or agency relationship exists between You and GOAT USA as a result of Your use of the Website.
• GOAT USA’s failure to exercise or enforce any rights, or insist upon or enforce strict performance of these Terms, is not a waiver of any of these Terms or GOAT USA’s rights. Users should always assume these Terms apply.
• If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
• These Terms (inclusive of the hyperlinked documents which are incorporated herein) constitute the entire agreement between GOAT USA and You in relation to Your use of the Website, and supersede all prior agreements and understandings.

Age Requirements
• In order to purchase products through Our Website, You must be 18 years of age or older. By using the Website, You confirm that You possess the legal authority to enter into these Terms, including instructing Us and/or Our vendors to collect any payments from a credit or debit card, and to use the Website in accordance with these Terms. You confirm that all information supplied by You in using the Website is true and accurate.
• The Website is not directed to individuals under the age of 18, nor does it contain information which would be potentially harmful to minors in any way. However, We advise all visitors to the Website under the age of 18 not to disclose or provide any personally identifiable Information. In the event that GOAT USA discovers that a child under the age of 18 has provided personally identifiable information to Us, We will delete the child's personally identifiable information in accordance with the Children's Online Privacy Protection Act of 1998.
• Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections are commercially available to assist You in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact Your Internet Service Provider for more information.

18. CANADA-SPECIFIC TERMS

If You live in Canada, these additional terms apply and override any inconsistent terms in the Terms of Use.

a. Introductory Paragraph:

The section titled “Our Terms May Change” is qualified by the following:

“(a) GOAT USA must send to You, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and

(b) You may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending GOAT USA a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in Your obligations or a reduction in GOAT USA’s obligations.”

b. MULTIPLE SECTIONS:

The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability”, and “Limitation of Liability” are qualified by the following:

“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to You, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability, and Limitation of Liability.”

SECTION 17 (choice of law): this section is modified as follows:

The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:

“Consumer protection laws in some jurisdictions, such as Quebec, might require that Your agreement be governed by the laws of your jurisdiction and heard by competent courts in Your jurisdiction. In addition, such laws may not allow You to waive Your right to be part of a class action or to limit Your time limitation to commence legal proceedings. If these laws apply to You, the following limitations may not be applicable."

19. Mobile Terms of Service.

The GOAT USA mobile message service (the "Mobile Messaging Service") is operated by GOAT USA. Your use of the Mobile Messaging Service constitutes Your agreement to these Terms (“Mobile Terms”). We may modify or cancel the Mobile Messaging Service or any of its features without notice. To the extent permitted by applicable law, We may also modify these Mobile Terms at any time and Your continued use of the Mobile Messaging Service following the effective date of any such changes shall constitute Your acceptance of such changes.

By consenting to GOAT USA’s Mobile Messaging Service, You agree to receive recurring SMS/text messages from and on behalf of GOAT USA through Your wireless provider to the mobile number You provided, even if Your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that You do not have to sign up for this program in order to make any purchases, and Your consent is not a condition of any purchase with GOAT USA. Your participation in this program is completely voluntary.

We do not charge for the Mobile Messaging Service but You are responsible for all charges and fees associated with text messaging imposed by Your wireless provider. Message frequency varies. Message and data rates may apply. Check Your mobile plan and contact Your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from Your wireless provider.

You may opt-out of the Mobile Messaging Service at any time. Text the single keyword command STOP to +18449514385 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. Once You cancel the Mobile Messaging Service, no further messages will be sent to Your mobile device, unless initiated by You. If You have subscribed to other GOAT USA mobile message programs and wish to cancel, except where applicable law requires otherwise, You will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Mobile Messaging Service support or assistance, text HELP to +18449514385 or email team@goatusa.com. We may change any short code or telephone number We use to operate the Mobile Messaging Service at any time and will notify You of these changes. You acknowledge that any messages, including any STOP or HELP requests, You send to a short code or telephone number We have changed may not be received and We will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Messaging Service are not liable for delayed or undelivered messages. You agree to provide Us with a valid mobile number. If You get a new mobile number, You will need to sign up for the program with Your new number.

To the extent permitted by applicable law, You agree that We will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Messaging Service, any errors in such information, and/or any action You may or may not take in reliance on the information or Mobile Messaging Service. We respect Your right to privacy. To see how We collect and use Your personal information, please see Our Privacy Policy.

20. STICKER SUBSCRIPTION.

Our sticker subscription service (“Sticker Subscription”) is an automatic, recurring monthly subscription to receive GOAT USA stickers. Each month, individuals that have purchased a Sticker Subscription will receive a package of twelve (12) stickers (the “GOAT USA Sticker Pack”). The GOAT USA Sticker Pack will be composed of four (4) different sticker designs, with three (3) stickers included for each of the four (4) designs.

a. PAYMENT AND PRICING

You agree to pay the GOAT USA Sticker Subscription monthly fee (“Fee”) specified at the time of Your purchase of the Sticker Subscription as well as all applicable taxes. The Fee will be charged to Your specified payment method on the first day of each month. By placing an order for the GOAT USA Sticker Subscription, You agree and authorize GOAT USA to charge the payment method You provide to GOAT USA on a monthly basis for the subscription fee and all applicable taxes and fees associated with the purchase, and that no additional consent is needed from You to authorize such transaction. You further authorize GOAT USA to share payment information and instructions with Our third-party service providers and payment processors that assist in facilitating the payment of the Fee. You agree to immediately update Your Account in the event of any change in Your payment information. GOAT USA reserves the right to change its permitted payment methods at any time in GOAT USA’s sole discretion. If a payment method cannot be verified, is invalid or is otherwise not acceptable, Your subscription may be terminated. If a payment is not successfully paid and You do not edit Your payment method, You remain responsible for any uncollected amounts. GOAT USA reserves the right to collect any outstanding payment due by any legal means, including, but not limited to, transferring the outstanding balance to a third-party collections company.

GOAT USA reserves the right to adjust the price of the GOAT USA Sticker Subscription at any time in its sole discretion with or without notice to You. GOAT USA will provide notice of any such pricing change at least thirty (30) days prior to the changed fee being charged to Your payment method. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on Our Website. Taxes or other fees (e.g. shipping) may vary depending on Your location.

b. NOTICE OF AUTO-RENEWAL

THE GOAT USA STICKER SUBSCRIPTION CONSISTS OF AN INITIAL CHARGE FOLLOWED BY A RECURRING MONTHLY CHARGE AS AGREED BY YOU. BY SIGNING UP FOR THE GOAT USA STICKER SUBSCRIPTION, YOU ARE AGREEING TO PAY THE MONTHLY SUBSCRIPTION FEE FOR AN INDEFINITE AMOUNT OF TIME UNTIL YOUR SUBSCRIPTION IS TERMINATED EITHER BY YOU OR US. BY PURCHASING A GOAT USA STICKER SUBSCRIPTION AND AGREEING TO THESE TERMS, YOU AGREE TO PAY FOR ALL RECURRING CHARGES PRIOR TO YOUR OR OUR TERMINATION OF THE GOAT USA STICKER SUBSCRIPTION. GOAT USA MAY SUBMIT MONTHLY SUBSCRIPTION CHARGES WITHOUT ANY FURTHER AUTHORIZATION FROM YOU UNLESS AND UNTIL YOU PROVIDE ADVANCE NOTICE IN ACCORDANCE WITH THE TERMINATION PROCEDURE OUTLINED IN THIS SECTION. YOUR PROVIDING NOTICE THAT YOU WISH TO TERMINATE YOUR SUBSCRIPTION WILL NOT AFFECT ANY CHARGES SUBMITTED BEFORE GOAT USA COULD TERMINATE YOUR SUBSCRIPTION. YOU MAY TERMINATE YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMINATION PROCESS OUTLINED BELOW. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU HAVE TERMINATED YOUR GOAT USA STICKER SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS OR UNTIL GOAT USA TERMINATES YOUR SUBSCRIPTION AND/OR CEASES TO OFFER THE GOAT USA STICKER SUBSCRIPTION.

YOU CAN TERMINATE YOUR GOAT USA STICKER SUBSCRIPTION AT ANY TIME. YOU WILL NOT BE CHARGED TO TERMINATE YOUR SUBSCRIPTION, AND YOU MAY RESUBSCRIBE TO THE GOAT USA STICKER SUBSCRIPTION AT ANY TIME SO LONG AS GOAT USA DID NOT PREVIOUSLY TERMINATE YOUR STICKER SUBSCRIPTION PURSUANT TO A VIOLATION OF THESE TERMS.

YOUR SUBSCRIPTION WILL BEGIN ON THE DATE YOU PURCHASED THE SUBSCRIPTION AND WILL CONTINUE FOR SUCCESSIVE MONTHLY RENEWAL PERIODS AT THE THEN-CURRENT SUBSCRIPTION RATE. YOU AGREE THAT YOUR ACCOUNT WILL AUTOMATICALLY RENEW UNLESS YOU TERMINATE YOUR SUBSCRIPTION AS OUTLINED HEREIN. IF YOU CHOOSE TO TERMINATE YOUR SUBSCRIPTION, YOU WILL RECEIVE YOUR SUBSCRIPTION UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM AND YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THE THEN-CURRENT SUBSCRIPTION TERM EXPIRES. BY AGREEING TO THESE STICKER SUBSCRIPTION TERMS, YOU AUTHORIZE GOAT USA TO CHARGE YOUR PAYMENT PROVIDER AT THE BEGINNING OF ANY SUBSCRIPTION PERIOD. IN THE EVENT GOAT USA IS UNABLE TO COLLECT PAYMENT PROVIDED AT THE TIME GOAT USA ATTEMPTS TO COLLECT THE FEE, THEN (A) YOU AGREE TO PAY ALL AMOUNTS DUE IN CONNECTION WITH YOUR SUBSCRIPTION AND (B) YOU AGREE THAT GOAT USA MAY TERMINATE YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT METHOD UNTIL PAYMENT IS RECEIVED.

GOAT USA RESERVES THE RIGHT TO CHANGE THE DATE THE SUBSCRIPTION FEE IS CHARGED EACH MONTH. GOAT USA WILL PROVIDE WRITTEN NOTICE TO ALL SUBSCRIBERS OF ANY SUCH CHANGE PRIOR TO CHANGING THE DATE YOUR PAYMENT METHOD IS CHARGED. GOAT USA WILL ONLY MAKE ONE SUBSCRIPTION FEE CHARGE PER MONTH.

c. NO RETURNS/NO EXCHANGES

The GOAT USA Sticker Subscription is not eligible for returns or exchanges, and the Fee is nonrefundable.

d. HOW TO TERMINATE YOUR SUBSCRIPTION.

YOU MAY CANCEL YOUR SUBSCRIPTION BY A) LOGGING IN TO YOUR GOAT USA STICKER SUBSCRIPTION ACCOUNT AND CLICKING “CANCEL”, B) CLICKING “CANCEL MY STICKER SUBSCRIPTION” ON WWW.GOATUSA.COM/PAGES/CANCELMYSUBSCRIPTION OR C) EMAILING TEAM@GOATUSA.COM. Following cancellation of your Sticker Subscription, You will be charged only for that month’s sticker subscription delivery and Your subscription will be terminated for the following month. If You wish to delete your account, please contact team@goatusa.com with an email stating that You wish to delete Your account and provide Your name and the email address associated with the sticker subscription account.

21. CONTACT US

To contact GOAT USA, please email team@goatusa.com.

Trademarked goat head with "GOAT USA" text

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