Terms & Conditions
This Terms and Conditions of Use Agreement (the “Agreement”) sets forth the terms and conditions that apply to your access and use of the internet website owned and operated by TEAMFSS, INC. (the “Company”), an Ohio corporation doing business as The Spotted Goose, and located at http://www.thespottedgoose.com/ (the “Site”). By accessing and using the Site, you agree to be bound by the terms and conditions of this Agreement and the Company’s Privacy Policy, as they may be amended from time to time. Be sure to check this page periodically for updates, as your continued use of the Site constitutes your acceptance of any amendments thereto.
1. Acceptance of Terms
By using the tools, features and information provided on the Site (collectively the “Services”), you agree to be bound by the terms of this Agreement. You may not use the Services nor accept this Agreement if you are not of legal age to form a binding contract with the Company. By accepting this Agreement, you represent that you have the capacity to be bound by its terms, or, if acting on behalf of a separate legal entity, that you have authority to bind such entity.
2. Privacy and Personal Information
For information about the Company’s privacy practices and use of any personal or financial information which you may provide, please see the Company’s Privacy Policy, which is hereby incorporated into this Agreement by reference. This Privacy Policy may be updated from time to time at the Company’s discretion, and you are encouraged to check it periodically for any changes. Any amendments will become effective as of the date and time they are posted to the Site.
3. Description of Services
The Site is a place for customers to browse and purchase children’s clothing, shoes, gift items, and accessories from a variety of American and European designers.
4. Proper Use of the Site
You may not use the Site for any purpose that is unlawful, prohibited by this Agreement, or causes damage to or through the Site. By accepting this Agreement, you covenant that your use of the Services will not violate any applicable local, state, national or international law. You further agree to defend, indemnify, and hold the Company, its members, managers, employees, agents, and authorized representatives harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate this Agreement or any other applicable law.
5. Your Use of the Site
Your right to access and use the Site and the Services is personal to you and is non-transferable by you to any other person or entity. Accurate records enable the Company to provide the Services to you, so any information you provide to the Company must be true, accurate, current and complete. Your access and use of the Site may be interrupted from time to time for several reasons, including, but not limited to, the malfunction of equipment, periodic updating, and maintenance or repair. The Company assumes no liability for damages which may result from such interruptions.
6. Links to Other Sites
The Site may provide links to websites not operated by the Company. Access to any other sites linked to the Site is at your own risk. The Company assumes no responsibility for third party websites or for the content or services offered thereby, and does not endorse, warrant or guarantee the products or services available through third party websites. The Company does not vouch for the accuracy or reliability of the information on third party websites, even if someone from the Company is quoted or leaves a comment. The Company is not an agent or broker or otherwise responsible for the activities or policies of third party sites. Statements made on third party websites linked to or from the Site reflect only the views of their authors and not of the Company.
7. Rights Granted to the Company
By providing the Company with information and other content through the Services, you are licensing that content to the Company for the sole purpose of providing the Services. The Company may use and store the content, but only for the purpose of providing the Services to you. By providing the Company with this information, you represent that you are entitled to submit it to the Company for this purpose.
8. Intellectual Property
The Site and all of its content, including texts, images, graphics, logos, icons, and software (collectively the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by the Company or the party credited as its provider. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company which appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
The Company grants you a limited license to access and make personal use of the Site. No portion of the Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by the Company. You may download or print a copy of information provided on the Site for your personal and non-commercial use only. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without the Company’s express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site’s homepage so long as the link does not portray the Company or its products and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Company’s logo or other proprietary graphic or trademark as part of the link without the Company’s express written permission.
By accepting this Agreement, you further agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of it, without the Company’s express written consent;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Site, other than the search engines and search agents available through the Services and other than generally available third-party web browsers;
- Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Site or the Services; nor
- Except as provided in this Agreement, attempt to copy, download, display, distribute, publish, perform, modify, create derivative works of, transit, post, decompile, reverse engineer, disassemble or in any way exploit any of the Intellectual Property or the Site itself.
9. Disclaimer of Warranties, Limitation of Liability and Releases
The Company does not guarantee the accuracy of the information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SERVICES, THE SITE, AND ALL CONTENTS AVAILABLE ON IT ARE PROVIDED TO YOU “AS-IS”. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, AND QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURIES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, OR COMPUTER VIRUS, WORM, TROJAN HORSE, OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED THE COMPANY IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE. WHILE THE COMPANY MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT THE COMPANY ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT THE COMPANY. THE COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you. However, in no event shall the Company’s aggregate liability to you or any third party for damages, losses and causes of action exceed the amount paid by you, if any, for accessing and using the Site, or $500, whichever is less. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after that date will be barred.
In the event that you have a dispute with the Company, you release the Company, its managers, members, agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Company makes no representation, warranty or guarantee that the content that may be available through the Site is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties, or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
10. Medical, Financial, Legal and Tax Advice
The Services are not intended to provide medical, financial, legal or tax advice of any kind. The purpose of the Services is to allow users to share their stories with others and to provide additional information on noteworthy topics as identified by the Company. While some of this information may address medial, financial, legal and/or tax issues, the Company is in no way providing advice on these topics, advocating for the content of any subject posted, endorsing any particular position, or commenting on the success or failure of any such matter discussed on the Site.
11. Indemnification
You shall defend, indemnify, and hold the Company, its members, managers, employees, agents and authorized representatives harmless from and against all claims and expenses, including, but not limited to, attorney fees, in whole or in part arising out of or attributable to your breach of this Agreement.
12. Termination
The Company may terminate this Agreement with you at any time:
- If you have breached any provision of this Agreement or have acted in any manner which clearly shows, in the Company’s sole discretion, that you do not intend to or are unable to comply with the provisions of the Agreement; or
- If, in its sole discretion, the Company believes it is required by law to do so (for example, where provision of the Services to you becomes unlawful).
13. Amendments
The Company may modify or amend this Agreement at any time. Any and all changes hereto shall be posted on the Site, and shall be effective as of the date posted. The Agreement shall always state the date of its most recent revision. You are deemed to accept and agree to be bound by any amendment to the Agreement when you access and use the Site after the changes have been posted.
14. Governing Law
This Agreement, and your relationship with the Company under this Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict or choice of law provisions. Any dispute with the Company, its members, managers, employees, agents or authorized representatives which arise out of or in relation to this Agreement shall be resolved exclusively through the Civil Division of the Hamilton County, Ohio, Court of Common Pleas, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case the Company may seek relief in any court of competent jurisdiction.
15. Violations and Additional Terms
The Company reserves the right to seek all available remedies at law and in equity for violation of this Agreement, including suspending or blocking your access to the Site. Please see the Privacy Policy for the Company’s policies regarding privacy, which is incorporated herein by reference.
16. Severability
If any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable under present or future law, such clause or provision shall be deemed to be deleted without affecting the enforceability of any and all remaining provisions.
17. No Waiver
No delay or failure by the Company to enforce any provision of this Agreement shall constitute a waiver of any of the Company’s rights under this Agreement. Neither the receipt of any funds by the Company nor the reliance of any person on the Company’s actions shall be deemed to constitute a waiver of any provision of this Agreement. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect.
18. Survival
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
19. Entire Agreement
This Agreement represents the entire understanding and agreement between you and the Company regarding the subject matter hereof, and supersedes all other previous agreements.