ANNUAL MEMBERSHIP
Members that wish to join GoalHouse by pre-paying a full year’s membership will receive the benefit of 33.3% off their annual membership fee (44.5% during presale). Members will be charged in full at the time of joining as a one-time fee. I understand, that by pre-paying, I will not receive a refund for any reason if I choose to cancel during the pre-paid year. At the end of every pre-paid year I acknowledge that my membership will not renew automatically.
Terms of Service
Effective: 29 September 2022
These Terms of Service constitute a legally binding agreement between you and Goal House, LLC (together with its affiliates, “Gunnar Moldrik, GunnarMade”, “we,” “our” or “us”) governing your use of the Goal House Platform (as defined below), our mobile application (the “App”) and our website (the “Site”). The related services provided by Goal House to potential Clients (defined in Section 1), the Site, and the App are collectively referred to as the “Platform.”
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE GOAL HOUSE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE GOAL HOUSE PLATFORM.
These Terms are effective as of the date you first click the above checkbox or use or access the Platform, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind yourself or such entity to these terms of services; (ii) you have read and understand these terms of service; and/or (iii) you agree to these terms of service on behalf of the party that you represent.
Any personal data you submit to the Goal House Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). You acknowledge that by using the Goal House Platform you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND GOAL HOUSE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 14). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
1. The Goal House Platform
The Goal House Platform is a web and mobile application-based personal training service which enables connections between Clients and Trainers. “Clients” are individuals who subscribe to Goal House’s fitness classes, online training, “Whoop Group”, coaching check-ins, nutrition plans, lifestyle hacks, and other related services (the “Services”) from Trainers and are therefore clients of Trainers, and “Trainers” are individuals who are certified trainers. Clients are hereinafter referred to as “Users.”
The Goal House Platform enables communication between Clients and Trainers for the fulfillment of Services. Goal House is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services or Users, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users. Goal House makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or Services provided by, or the communications of or between Users identified through the Goal House Platform, whether in public, private, or offline interactions or otherwise however.
2. Account, Password, Security, and Mobile Phone Use
You must register with Goal House and create an account to use the Goal House Platform (an “Account”) and as part of that process you will be requested to provide certain information, including without limitation your name, full address, phone number and email address. By using the Goal House Platform, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Goal House for accessing the Goal House Platform. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. Goal House has no control over the use of any User’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Goal House immediately.
The person signing up for the Goal House Platform will be the contracting party (“Account Owner”) for the purposes of these terms of service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Goal House Platform. As the Account Owner, you are solely responsible for complying with these terms of service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
By providing your mobile phone number and using the Goal House Platform, you hereby affirmatively consent to Goal House’s use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to (i) perform and improve upon the Goal House Platform, (ii) facilitate the carrying out of services, (iii) provide you with information and reminders regarding your registration, changes and updates, service outages or alterations, (iv) connect you to a Trainer, and (v) share with Trainers in private when Users accept a Trainer’s Services. These calls and texts may include, among other things, reminders about upcoming services on the Goal House Platform and/or push notifications and other reminders delivered through our App. Specifically, these notifications may include information regarding Goal House Facebook group and Whoop Group. Goal House will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply.
3. Billing and Payment
The Client shall pay Goal House directly for the Services as outlined in the Client’s respective subscription plan.
All prices and fees displayed on the Goal House Platform are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time a transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
4. User Generated Content
“User Generated Content” is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Goal House Platform and its Users, including without limitation to images and information of Services. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Goal House:
Is not involved in the creation or development of User Generated Content.
Disclaims any responsibility for User Generated Content.
Cannot be liable for claims arising out of or relating to User Generated Content.
Is not obligated to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Goal House Platform at its sole discretion.
You hereby represent and warrant to Goal House that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with Goal House or purport you to act as a representative or agent of Goal House; and (viii) will not create liability for Goal House or cause Goal House to lose (in whole or in part) the services of its ISPs or other suppliers.
By making available any User Generated Content through the Goal House Platform, you hereby grant to Goal House a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Generated Content on, through or by means of the Goal House Platform. We do not claim any ownership rights in any such User Generated Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Generated Content.
5. Representations and Warranties
You represent and warrant that: (i) you are 13 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, (provided, however, to the extent that you are under the age of 18 years old, parental or guardian consent must be provided to accept these terms of service) and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. When you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Goal House Platform, (ii) you will fulfill the commitments, including paying and receiving payment through the Goal House Platform, and fulfilling Services agreed upon on the Goal House Platform, (iii) you will act professionally and responsibly in your interactions with other Users and (iv) when using or accessing the Goal House Platform, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.
You agree not to engage in any of the following prohibited activities, among others: (i) copying, distributing, or disclosing any part of the Goal House Platform in any medium other than as allowed by the Goal House Platform and these terms of service; (ii) using any automated system (other than any functionalities of the Goal House Platform), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Goal House Platform; (iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Goal House Platform; (v) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts; (vii) uploading invalid data, viruses, worms, or other software agents through the Goal House Platform; (viii) infringing upon or violate our intellectual property rights or the intellectual property rights of others; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) harassing, insulting, harming, abusing, defaming, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other Users, Trainers, or visitors of the Goal House Platform or staff member of Goal House; (xi) interfering with or any activity that threatens the performance, security or proper functioning of the Goal House Platform; (xii) uploading or transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Goal House Platform; (xiv) bypassing the security features or measures we may use to prevent or restrict access to the Goal House Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Goal House Platform or the content therein; (xv) attempting to access unauthorized Accounts or to collect or track the personal information of others; (xvi) using the Goal House Platform for any purpose or in any manner that infringes the rights of any third party.
6. Mobile App Updates and Upgrades
By installing or using any Goal House App or Portal, you consent to the installation of the App and any updates or upgrades that are released through the Goal House Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Goal House’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored your device, and (iii) collect personal information as set out in our Privacy Policy, including location information. You can uninstall the App at any time.
7. Termination and Suspension of Goal House Online Coaching Account.
Unless otherwise agreed to in writing between you and Goal House Training, either party may terminate these terms of service for any or no cause, at any time. You may cancel and delete your Personal Training Account at any time by either using the features on the Goal House Personal Training Platform to do so or by written or email notice to: [email protected]. After cancellation, you will no longer have access to your Account, your profile or any other information through the Goal House Platform. The provisions of these terms of service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of these terms of service and any termination of your use of or subscription to the Goal House Platform and shall continue to apply indefinitely.
We reserve the right to refuse the Goal House Platform to anyone for any reason at any time. Goal House may terminate or limit your right to use the Goal House Platform in the event that we are investigating or believe that you have breached any provision of this Agreement, by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice. If Goal House terminates or limits your right to use the Goal House Platform pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Goal House Platform is terminated or limited, this Agreement will remain enforceable against you. Goal House reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 14 of these Terms of Service.
Goal House reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Goal House Platform at its sole discretion. Goal House is not liable to you for any modification or discontinuance of all or any portion of the Goal House Platform. Goal House has the right to restrict anyone from completing registration as a User if Goal House believes such person may threaten the safety and integrity of the Goal House Platform, or if, in Goal House’s discretion, such restriction is necessary to address any other reasonable business concern.
Following the termination or cancellation of your Account, we reserve the right to delete all your data, including any User Generated Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or canceled.
8. Links to Third-Party Websites and Partners
The Goal House Platform may contain links (such as hyperlinks) to third-party websites. and/or partners. Such links do not constitute endorsement by Goal House or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Goal House Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Goal House does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Goal House is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Goal House has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Goal House Platform at its sole discretion.
From time to time, Goal House may recommend products, services and professionals, such as registered nutritionists, WHOOP and Applications such as Carbon. You hereby agree to indemnify, defend, and hold harmless Goal House and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with these affiliates.