Terms of Service

PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SOFTwARE OR SERVICES OFFERED BY GOOD IMAGE, INC. (“GOOD IMAGE”, "GOOD IMAGE INC.""TITLE1SOFWARE DBA", TITLE1DOC.COM, TITLE1SOPFTWARE.COM, GOODCOMPLIANCE, GOODBUDGET, ENGAGE-ABLE, GOODTEXT, "GOOD IMAGE INC","GOOD IMAGE, INC","GOOD IMAGE, INC.", WE, "US", "OUR", "OUR SOFTWARE", "OUR WEBSITE", "THE SOFTWARE", "OUR SERVICES", "SOFTWARE PACKAGES").

THIS IS A BINDING AGREEMENT BETWEEN YOU AND GOOD IMAGE, INC. BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE SOFTWARE, SERVICES, OR WEBSITES.
Terms of use

Welcome to using software from Good Image Inc. Our software packages contains:
• Compliance software for scanning,storing,and approving paperwork.
• SMS, voice, and email messaging platform for sending and receiving information.
• Parent Engagement Texting Software
• Cloud-Based budgeting software

Please continue reading to learn about the rules and restrictions that govern your use of our software, services, budgeting, texting, voice, email, and website(s) and all other products, documents, services, and applications made available by Good Image Inc from time to time (collectively, the "Software" and "Services"). This Agreement includes the terms in this document, as well as Good Image Inc's Privacy Policy, and the Copyright Dispute Policy.


Will these terms ever change?

We constantly try to improve our Services, so we may update this Agreement as we offer new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don't agree with the new terms, you may reject them, but unfortunately, you will no longer be able to use the Services. Your use of the Services in any way following notification by Good Image Inc constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We'll provide you notice when we make a material change to the Services that would adversely affect you

You represent and warrant to Good Image Inc that:
• all registration information you submit is accurate and truthful;
• you will maintain the accuracy of such information;
• if you agree to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity's behalf and bind them to this Agreement (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

What this is saying
We work hard to improve your xperience, so our terms may change from time to time. We will update you when we make significant changes. Before continuing to use our software and services, it will be important to review and agree to any changes


Privacy

We take the privacy of our users very seriously. Please read our Privacy Policy, located Privacy Policy.

What this is saying
Another important document to look at is our Privacy Policy, which outlines what personal information our software collects from you and how we use that information to provide our service.


Additional terms

This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are and whether you use the service for free, as do the vast majority of our users, or pay for the use of our software and services

If you are, for example, a parent who is invited to be or added as a member of a group by an Organizer, you are a Participant. If you are a staff member of a school or school district that has purchased a paid School or District Plan, and have been given administrative rights, then you are an Administrator. If you are a teacher, coach, principle, or school staff member, then you are an Organizer. If you agree to this Agreement on behalf of an organization, such as a school or school district, club, or team, you are an Organization. Please read below to find out what additional terms apply to you.

If you are a Participant (such as a parent or other individual using the service):
• The Organizer of your group may be able to view information (including your personally identifiable information), as well as your User Submissions (defined below).
• If you are connected to an Organization, the Administrators of the Organization will be able to see and edit your contact information. Administrators may be able to add, remove, and/or edit your information.

If you are accessing the Services as an Organizer (such as a teacher, administrator, or other adult creating a group) and inviting users to join as Participants:
• The Services may allow you to invite users to join and/or to add users to your class(s) and/or group(s).
• You can invite Participants and other Organizers to your group by distributing "QR codes" or "text phone #", and communicate with those users (in some cases, there may be more than one Organizer).
• You may only share QR codes with Participants and Organizers to whom you wish to subscribe. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your subscriber lists carefully.
• It's your responsibility to maintain and monitor the accuracy of the list of Participants.
• You may receive additional privileges from an Administrator of your Organization. These privileges may include access to information and User Submissions (defined below) (including personally identifiable information) of Participants and other Organizers in your group or affiliated Organization.
• Administrators may be able to add or update information in your account profile, add, move or remove you from groups affiliated with the Organization, and/or take other actions relating to your access and use of the Services through the Organization

If you are an Organization (such as a school or school district):
• You are responsible for maintaining the accuracy of the information relating to your Organization. If at any time you learn that a user of the Services claims to be affiliated with your organization but is not, in fact, affiliated with your Organization, or of any other inaccuracy relating to your Organization's information, you will remove that user from your Organization and, if appropriate, notify Good Image Inc immediately by emailing [email protected]
• As an Administrator of your Organization, Good Image Inc may provide the ability to perform the following tasks:
• o invite and add Organizers and Participants to the Services,
o view and manage users and information affiliated with your Organization,
o add, move, or remove Organizers and Participants from your Organization,
o connect and upload or sync information relating to Organizers, Participants, and/or groups using a data upload or syncing mechanism (such as using CSV upload or through integration with your School Information Systems (SIS)),
o join groups created by Organizers affiliated with your Organization,
o communicate directly with other users affiliated with your Organization,
o access and manage information and User Submissions, and view the contact information, which will include personally identifiable information, of all our users connected with your school or district, as appropriate, and see which of those users received communications from your school or district.
• IF YOU CHOOSE TO DO ANY OF THE ABOVE, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORIZATIONS NECESSARY TO PERFORM SUCH TASKS, AND YOU WILL ONLY USE PERSONAL INFORMATION IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS. Good Image Inc may use the information you upload to the Services in order to confirm Organizers' and Participants' affiliations and otherwise to help us provide you with the Services

With respect to all users of our software, whether you are a Participant, Organizer or Organization, or Administrator:
With respect to all users of our software and services, whether you are a Participant, Organizer or Organization, or Administrator: • IF YOU INVITE OR ADD ANYONE TO USE OUR SOFTWRARE AND/OR USE ANY FEATURE OF THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE (INCLUDING, WITHOUT LIMITATION, IF YOU IMPORT CONTACTS FROM YOUR ADDRESS BOOK TO THE SERVICES), YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED FREELY GIVEN, INFORMED CONSENT FROM EACH PERSON TO:
o RECEIVE SUCH INVITATION AND BE ADDED TO THE SERVICES;
o RECEIVE MESSAGES FROM OUR SOFTWARE,
o OTHER PARTICIPANTS OF THE GROUP, AND
o OTHERS WHO HAVE ACCESS TO YOUR GROUP (SUCH AS ORGANIZERS AND ADMINISTRATORS); AND
o PROVIDE THAT PERSON'S PERSONAL INFORMATION TO GOOD IMAGE INC.

What this is saying
You have different rights and responsibilities depending on what type of user you are: Organizer, Participant, Organization, or Administrator. In all cases, you need consent from every person you wish to add, invite, or send messages to via our software or services.


Registration and security

As a condition to using Services, you may be required to register with Good Image Inc by selecting a password and providing your name and a valid email address. You will provide Good Image Inc. with accurate, complete, and updated registration information. You may not:
• select or use the name or email of another person with the intent to impersonate that person; or
• use a name subject to any rights of anyone other than you without appropriate authorization.

Good Image Inc reserves the right to refuse registration of or to cancel a account at its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without the express prior written consent of Good Image Inc. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Good Image Inc reserves the right but will have no obligation to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.

What this is saying
The security of your account is very important to us. Please keep your password safe, use your real name and create your own account before using our software and services.


Consent to receive periodic messages

As part of the Services, you will receive communications through the Services, including messages that Good Image Inc sends you (for example, via SMS, emails, and push notifications). When an Organizer adds a new Participant to a group, that Participant will receive a welcome message, instructions on how to stop receiving messages, and information on how to avoid certain charges by downloading the software application. Good Imaeg Inc may inform Participants who have not replied that they will automatically be removed from the group. Good Image Inc may also send other administrative messages. BY USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM GOOD IMAGE INC AS WELL AS GROUP ORGANIZERS, PARTICIPANTS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND GOOD IMAGE INC. If you connect to or use any third-party services in conjunction with our software, you acknowledge and consent to receive notifications and messages from those third-party services. You agree to indemnify and hold Good Image Inc harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing. To permanently cease receiving SMS text messages, please text @STOP:
• in reply to any SMS message from that group,
• to a long code (a phone number issued by Good Image Inc),


What this is saying
We're letting you know that you may periodically receive messages from us in addition to other Good Image Inc's users. It's important that you get prior consent from everyone you invite or add to our software. We've provided instructions on how to unsubscribe easily and stop receiving messages.


Consent to receive emergency messages

As part of the Services you may receive communications through the Services in the event of an emergency through SMS (text messages), emails, push notifications, or phone calls. An emergency meriting a message shall be determined solely by your teacher, organizer, school or district, or any official designated by a school or district or a government agency. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE EMERGENCY COMMUNICATIONS FROM GOOD IMAGE INC WHENEVER IT IS DETERMINED THAT CIRCUMSTANCES MERIT THOSE COMMUNICATIONS. IF YOU ARE A TEACHER, ORGANIZER, ADMINISTRATOR, SCHOOL OR DISTRICT OFFICIAL YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND GOOD IMAGE INC. If you connect to or use any third-party services in conjunction with Good Image Inc, you acknowledge and consent to receive notifications and messages from those third-party services. Because Good Image Inc does not control whether to send or not send an emergency notification, Good Image Inc is never responsible for your receipt of, or failure to receive an emergency message. Often when an emergency is suspected, the individuals empowered to determine whether to send an emergency message through our software may have incorrect or only partial information. Good Image Inc is not responsible for messages sent erroneously or for the content of any message sent as an emergency message, even when the content of that message contains information that is incomplete, confusing, or erroneous. YOU ALONE CAN DETERMINE WHAT, IF ANY, ACTIONS TO TAKE IN THE EVENT OF AN EMERGENCY OR IN RESPONSE TO AN EMERGENCY MESSAGE YOU RECEIVE THROUGH GOOD IMAGE INC. YOU AGREE TO INDEMNIFY AND HOLD GOOD IMAGE INC HARMLESS FOR AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR RECEIPT OF EMERGENCY MESSAGES OR YOUR FAILURE TO RECEIVE AN EMERGENCY MESSAGE.

While we strongly encourage you not to, you may opt out of receiving emergency messages such as SMS text messages or emails. To permanently cease receiving SMS text messages, please text @STOP:
• in reply to any SMS message from that group,
• to a long code (a phone number issued by Good Image Inc),

If the authorized administrator at your school or district is sharing information from the School Information System with our software, you will receive emergency messages as phone calls to the phone number you have on record with your school or district. You will receive these phone calls even if you opt out of receiving SMS text messages on our software and servicesd. You can opt out of receiving these phone calls only by having the authorized administrator at your school or district remove your contact information from their School Information System.

What this is saying
We are letting you know that in the event of an emergency, determined by those individuals in your school, school district, community, or a government official and not Good Image Inc, you may receive emergency messages from us in addition to other Good ImageInc users. While Good Image Inc provides schools and districts with the ability to send emergency messages through our software, Good Image Inc is neither responsible for your receipt of or failure to receive a message, nor your actions, failure to act, or the actions or inactions of others in response to any emergency message. We do not want you to opt out of these messages as your schools or district may wish for you to receive an emergency message. However, we provided instructions on how to easily unsubscribe and stop receiving SMS text messages and emails. To stop receiving phone calls, you need to talk to your school or district.


Content

You agree that you may only use the Services in accordance with Good Image Inc's Community Guidelines. All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the "Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you. Good Image Inc is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third-party submissions or other proprietary rights not owned by you:
• without the express prior written consent of the respective owners, and
• in any way that violates anyone else's (including Good Image Inc's) rights.

You will not link to the Services without Good Image Inc's prior written consent, except in accordance with the terms of this Agreement.

In the course of using the Services, you may provide information that may be used by Good Image Inc in connection with the Services and which may be visible to certain other users. Anything you post, upload, share, store, or otherwise provide through the Services are, together with any related intellectual property rights, your "User Submissions." You retain ownership of all of your User Submissions. In order to provide you with the Services, Good Image Inc needs to access and use your User Submissions in certain ways. You hereby grant Good Image Inc is a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable (only to a successor) right and license to use your User Submissions for any purpose related to providing and/or improving the Services (however, Good Image Inc will only share your personally identifiable information in accordance with Good Image Inc's current Privacy Policy. Because your User Submissions may be viewed or accessed by other Good Image Inc users, you grant other Good Image Inc users a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable right and license to access, view, edit, and use your User Submissions as may be permitted through the functionality of the Services (for example, when you send a message through the Services, the recipients of your message will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated, and that Good Image Inc will not be liable for any errors or omissions in any Content. Good Image Inc cannot guarantee the identity of any other users you may interact with in the course of using the Services. Additionally, Good Image Inc cannot guarantee the authenticity of any information which users may provide about themselves. You acknowledge that all Content accessed by you while using our software and services is at your own risk, and you will be solely responsible for any resulting damage or loss.

Under no circumstances will Good Image Inc be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

As we explain in our Privacy Policy, if Good Image Inc knows or becomes aware of a security breach of its users' personally identifiable information, Good Image Inc will notify affected users or post a notice on the Services as required by applicable law(s).

What this is saying
As we explain in our Privacy Policy, if Good Image Inc knows or becomes aware of a security breach of its users' personally identifiable information, Good Image Inc will notify affected users or post a notice on the Services as required by applicable law(s).



Also, be sure to read our Community Guidelines, which include best practices for how to keep the Good Image Inc community safe. We need to work together to ensure Good Image Inc is a secure and supportive environment.
Your restrictions and responsibilities

You warrant, represent, and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:
• infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
• violates any law, statute, ordinance, or regulation;
• is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by Good Image Inc;
• jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Service's infrastructure);
• "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through the use of manual or automated means);
• copies or stores any significant portion of the Content;
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information relating to the Services (or the products of Good Image Inc's third-party service providers).

Good Image Inc reserves the right to terminate the access of any third-party application or service to our published or unpublished APIs.

Good Image Inc reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies, or authorities relating to that Content or if Good Image Inc is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not Good Image Inc, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide, using or in connection with the Services. You warrant that you possess all rights necessary to provide such Content to our software and services and to grant Good Image Inc the rights to use such information as provided herein.

You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services

What this is saying
We are serious about safety. If you don't follow our Guidelines or these Terms of Use, we may need to remove any inappropriate content, deactivate your account, and, in extreme circumstances, report your content to law enforcement. For example, we will report all images, including nudity of minors or suspected minors, unless they are clearly related to the academic study of subjects such as art, biology, or medicine. If you see someone violating our Guidelines or Terms of Use, please contact us immediately at [email protected]. We need your help to keep the Good Image Inc software community safe!


Copyright dispute policy

Under American copyright law, the Digital Millennium Copyright Act (the "DMCA"), online service providers such as Good Image Inc have the right, but not the obligation, to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here

What this is saying
See something that belongs to you, but someone else posted it? You can let us know by using our emailing us at [email protected].


Third-party service providers

The Services may contain links to third-party websites, products, or services that are not owned or controlled by Good Image Inc ("Third-party Services"). When you access Third-party Services, you do so at your own risk. Good Image Inc encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-party Service that you visit or use.

Good Image Inc has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-party Services. In addition, Good Image Inc will not and cannot monitor, verify, censor, or edit the content of any Third-party Services. By using the Services, you expressly relieve and hold harmless Good Image Inc from any and all liability arising from your use of any Third-party Services.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that Good Image Inc will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings

If there is a dispute between Good Image Inc users or between Good Image Incusers and any third party, you understand and agree that Good Image Inc is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Good Image Inc, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

What this is saying
While using our software and services, you may be able to access or use third-party services that aren't part of our product (such as YouTube, Flickr, etc.). We can't be held responsible for the content of services or any issues that arise.


Warranty and disclaimer

Good Image Inc has no special relationship with or fiduciary duty to you. You acknowledge that Good Image Inc has no control over and no duty to take any action regarding which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Good Image Inc from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites or services containing information that some people may find offensive or inappropriate. Good Image Inc makes no representations concerning any content contained in or accessed through the Services, and Good Image Inc will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Good Image Inc makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided AS IS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM GOOD IMAGE INC OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


What this is saying
We're here to help if there are issues, but there are no warranties relating to our Services or any products you access through Good Image Inc.


Indemnity

You will indemnify, defend and hold Good Image Inc, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs, and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other rights of any person or entity.

What this is saying
Please keep in mind that you are solely responsible for your use of Good Image Inc. If you don't follow these Terms of Service and/or cause harm to anyone, it's your responsibility to resolve


Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL GOOD IMAGE INC OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY:
• FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO GOOD IMAGE INC HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
• FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
• FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
• FOR ANY MATTER BEYOND GOOD IMAGE INC'S REASONABLE CONTROL.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

What this is saying
Good Images software, servicesd, and websites are a communication tool. While we are here to support you, we are not liable for anything that happens because of our software or service.


Termination

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us at [email protected]. Note, if you become a Participant through an Organization, and you request that Good Image Inc delete your account, Good Image Inc may notify the Organization (and the Organizers of the classes or groups you are in of your deletion request. Good Image Inc may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, Good Image Inc may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes and as required by law. Computer deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately, and your data will be deleted over time as is true of all computer deletions everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

What this is saying
You can delete your account online at any time. (Note for auditing purposes and to comply with laws, we may still keep a copy of messages and account details after an account is deleted or disabled)


Choice of law and arbitration

This Agreement will be governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of law's provisions thereof unless a state's laws explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in Ft. Lauderdale, Florida, or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees, and fees and charges of attorneys, experts, and witnesses if and to the extent, we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member, or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator

What this is saying
We want you to have a great experience with our software and services. If you are dissatisfied with our Services, we will discuss them in the arbitration to resolve any issues


Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Good Image Inc will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Good Image Inc's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you except with Good Image Inc's prior written consent. Good Image Inc may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement and that all modifications must be in writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a written signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Good Image Inc in any way whatsoever.

It is the express wish of the parties that this Agreement and all related documents be drawn up in English


Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (using the e-mail address specified in your account) or some other means prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
If we make material changes to the types of Personal Information, we collect we will notify parents by email in order to obtain verifiable parental consent for the new uses of the child's Personal Information.

What this is saying
If we update this Privacy Policy, we will let you know!


Questions or concerns

If you have any questions or concerns regarding terms of service when using Good Image's Services, please contact us and send us a detailed message at the contact information below. We will make every effort to resolve your concerns


Name

Good Image Terms Of Sewrvice Team


Address

515 North Flagler Drive Suite P-300 West Palm Beach, FL 33401


Contact

[email protected] - (800) 446-4597