Welcome to Getoutandtry.com as operated by Getoutandtry INC, the website and online service of Getoutandtry INC (“GOAT,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the GOAT Privacy Policy , whether or not you are a registered user of our Service. This Agreement applies to all business account users, members, contributors and others who access the Service (“Users”).This Agreement hereby incorporates the terms of the Privacy Policy, including all future amendments or modifications thereto.
Greetings, here are the terms that you agree to when using GOAT Business Accounts.
Please read this agreement carefully to ensure that you understand each provision.
Our Service in a Snapshot. GOAT operates an online business directory and calendar of events for businesses that align with our vision and mission:
Our Vision : Inspiring you to chase happiness, health, laughter, adventure, community, and your personal best.
Our Mission : To be the go-to resource and master calendar for events and happenings in the St. Croix Valley area – inspiring people to step out of their comfort zone – connect with their community – and Get Out And Try!
Eligibility . You may use the Business Account Service only if you can form a binding contract with GOAT on behalf of the business you are representing, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 years old or older to use or access the Service. Any use or access to the Service by anyone under 18 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by GOAT. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement on behalf of the business you are representing and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the GOAT Service . Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. GOAT reserves all rights not expressly granted herein in the Service and the GOAT Content (as defined below). GOAT may terminate this license at any time for any reason or no reason.
Your GOAT business account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a GOAT account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify GOAT immediately of any breach of security or unauthorized use of your account. GOAT will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing GOAT your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the GOAT servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any GOAT Content (as defined below), including any GOAT trademarks, in any manner that might tarnish, disparage, or reflect adversely on such GOAT Content; (xiv) using the Service or any GOAT Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any GOAT trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with GOAT trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of GOAT; (xviii) using any GOAT Content to link to the GOAT website without the prior written consent of GOAT; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of GOAT.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the GOAT Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from GOAT prior to establishing another account. If you attempt to establish another account without obtaining such authorization, GOAT may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of GOAT in each instance.
You are solely responsible for your interactions with other GOAT Users and/or businesses. We reserve the right, but have no obligation, to monitor disputes between you and other Users and/or businesses. GOAT shall have no liability for your interactions with other Users, or for any User’s and or Business’ action or inaction.
GOAT does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily
Some areas of the Service allow Users to submit and publish content such as profile information, business description and hours, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under your business profile, the Business Account Owner will own—and be entirely responsible for—all such User Content. For the avoidance of doubt, User Content does not include Stock Media.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. GOAT reserves the right, but is not obligated, to reject and/or remove any User Content that GOAT believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, GOAT shall send you written notice of such claim, using the email address provided by you to GOAT, specifying the details of the claim as then known to GOAT.
GOAT takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that GOAT may disclose such User Content to law enforcement or other government authorities.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “GOAT Content”), and all Intellectual Property Rights related thereto, are the exclusive property of GOAT and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any GOAT Content. Use of the GOAT Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
GOAT welcomes your comments and feedback regarding the website. All information and materials submitted to GOAT through the website, such as any comments, reviews, photos, feedback, ideas, questions, designs, data or the like (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting Feedback to GOAT through the website, you assign to GOAT, a continuing irrevocable license to including without limitation free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. GOAT will be entitled to use any Feedback you submit through the website, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.
You are responsible for the information and other Content contained in any Feedback you submit to us through the website, including, without limitation, their truthfulness and accuracy.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. GOAT may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
You may cancel your GOAT account at any time; however, there are no refunds for cancellation. In the event that GOAT suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of GOAT on GOAT servers, including without limitation any data representing or embodying any or all of your Business Account. You agree that GOAT has the absolute right to manage, regulate, control, modify and/or eliminate Service Content as it sees fit in its sole discretion, in any general or specific case, and that GOAT will have no liability to you based on its exercise of such right. All data on GOAT’s servers are subject to deletion, alteration or transfer.
You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.
GOAT cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GOAT. GOAT does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and GOAT’s Privacy Policy do not apply to your use of such sites. You expressly relieve GOAT from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that GOAT shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We only control GOAT, and we’re not responsible for anything on other sites. So if you follow a link on GOAT to another site, you do so at your own risk.
You agree to defend, indemnify, and hold GOAT, its officers, directors, employees, and affiliates harmless from and against any claims, actions or liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your violation of these Terms of Use or the Getoutandtry.com Site Community Guidelines, or from any claims made by third parties arising out of your use of or posting to the website, including claims regarding ownership, copyright, plagiarism, slander, libel, rights abuse, right to submit, or privacy violation with regard to Content created or submitted by you. You agree that GOAT shall be able to select its own council and participate in its own defense if it wishes.
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, GOAT, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
GOAT does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the GOAT service or any hyperlinked website or service, and GOAT will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
You use GOAT as-is and at your own risk. We don’t provide any guarantees with respect to the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR SOLE RISK, AND THAT ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
UNDER NO CIRCUMSTANCES, WILL GOAT, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT SUBMITTED BY YOU TO THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF GOAT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GOAT, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree that this agreement shall be governed by the laws of the State of Wisconsin and shall be venued in St. Croix County, Wisconsin.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GOAT without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
GOAT may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by GOAT in our sole discretion. GOAT reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. GOAT is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. GOAT may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
This Agreement, together with the Privacy Policy - any amendments and any additional agreements you may enter into with GOAT in connection with the Service, shall constitute the entire agreement between you and GOAT concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and GOAT’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at info@getoutandtry.com with any questions regarding this Agreement.
This section contains terms regarding the ability to transfer rights under this Agreement, notification procedures and the interpretation of these terms.