Terms and Conditions of Service

Welcome to the Mountain Goat Software, LLC ("MGS") web site www.mountaingoatsoftware.com (the "Site"). MGS makes the Site and the related services on the Site available to you subject to the following terms and conditions in this Agreement ("Terms"). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.

For the purposes of this Agreement the following definitions apply:

  •        "You" means you, the person using the Site.
  •        "MGS," "we" or "us" means Mountain Goat Software, LLC.          

1.     Use of Site. Subject to these Terms, we grant you the personal, limited, revocable, non-exclusive and non-transferable right to use this Site. You may download one temporary copy of the Site on any single computer, and you may print one copy of these materials, for your own personal use only.

2.     Proprietary Rights. MGS owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material for the Site (the “Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to MGS or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site as provided in Paragraph 1 above.

3.     Unauthorized Activities. You agree that you will not use the Site for (i) any illegal or unauthorized purposes that violate any laws in your jurisdiction (including but not limited to copyright laws); (ii) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with MGS; or (iii) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature. You also agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any public or commercial purpose without express approval from MGS. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Materials without MGS'­s prior written consent. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to MGS and that in the event of such unauthorized use, MGS shall be entitled to an injunction in addition to any other remedies available at law or in equity.

4.     Site Material. While MGS endeavors to keep the Site Material and other content on, in, and through this Site up-to-date, MGS is not responsible for any errors or omissions in the Site Material or content. MGS is not responsible for the accuracy or completeness of any information, text, graphics, forms, links, advertisements, or other items contained within the Site. MGS may make changes to the Site Material, the Site, or the products or services made available in connection with the Site at any time, with or without notice, and makes no commitment to update any of these items.

5.     Materials Submitted to the Site. By transmitting or submitting to MGS any suggestions, information, posting to blogs, or message boards, or any other materials to the Site (“User Content”), you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party.

Upon your submission of User Content or other material or information to MGS, you grant MGS a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. MGS shall not be responsible for changes or modifications of any User Content that you submit to MGS. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 14 of these Terms. MGS, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content that is submitted to MGS.

6.     Other Sites. When using specific services or features, like accounts and payment, you agree to abide by any guidelines or rules posted in connection with such services or features, all of which are hereby incorporated by reference into these Terms of Use. In the event of a conflict, the terms posted in connection with the applicable services prevail over these Terms of Use. This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites and any other sites operated or maintained by third parties are operated or maintained by organizations over which MGS exercises no control, and MGS expressly disclaims any and all responsibility for the content, information, links, and other items, the accuracy and completeness of the information, and the quality of products or services made available or advertised on these third-party sites.

7.     Payment. There are products or services on the Site (such as the Planning Poker®† cards) which are available for purchase. By ordering a product or service from MGS, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by your or another person (including your children, family, friends, or others) and all payments are irrevocable and nonrefundable. In order for you to make a purchase, MGS uses the services of third parties, including Shopify. For information regarding Shopify and its Terms of Use and Privacy Policy, contact privacy@shopify.com. MGS expressly disclaims any and all responsibility for or related to the service provided by any such third party or the transactions you conduct or enter into with any such third party. If for any reason MGS does not receive payment for a purchase or service, MGS may: (a) seek collection of the outstanding amount owed and/or (b) seek legal action against you for the breach of these Terms of Use. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Site, including but not limited to, sales, use or value-added taxes. To the extent that MGS is obligated to collect such taxes, the applicable tax will be added to your billing account.

8.     Privacy Policy. Any personal information that you provide to us through the Site is subject to our Privacy Policy. For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.

9.     Disclaimer of Warranty and Liability. THIS SITE AND THE SITE MATERIAL ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THIS SITE, including any software, ARE MADE AVAILABLE ON AN “AS IS” and "as available" BASIS ONLY. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. MGS MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE AND THE SITE MATERIAL ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THIS SITE, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT, including that the Site will be uninterrupted, timely, secure, or error free, that the Site or its server(s) is free of viruses or other harmful components, that the Site, including the services will be available, or that content created on the Site is secure from unauthorized access. ANY AND ALL INFORMATION PROVIDED BY MGS OR UNDER OR IN CONNECTION WITH THIS SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. MGS makes no warranty regarding any software, goods, services, promotions, or the delivery of any software, goods or services, purchased, accessed or obtained through the Site or advertised through the MGS Site. No advice or information given by MGS, its employees or affiliates shall create a warranty.

10.  Limitation of Liability. You acknowledge that your use of the Site, including any software or content on the Site, and any reliance upon it or the results you generate by using it, is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall MGS or its officers, directors, parents, subsidiaries, affiliates, agents or licensors, or any third-party provider of data or information, be liable for any direct, indirect, consequential, exemplary, extra-contractual, incidental, special or punitive damages of any kind whatever, including loss of business revenue, lost profits, or loss of data, whether in an action under contract, negligence or any other theory, arising out of your use of or inability to use the Site, or your reliance on any advice, information, or content on the Site or provided as part of the Site, even if MGS or any related party has been advised of the possibility of such damages, and even if the remedies otherwise available fail of their essential purpose. You specifically acknowledge that down-time, loss of content, and computer viruses are risks inherent in the use of the Internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential content about yourself, your company or your project in your use of the Site and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content.

Under no circumstances will the total liability of MGS to you in connection with, based upon, or arising from this Site or your use of this Site exceed $100. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, MGSís total liability is limited to the greatest extent permitted by law. It is the intention that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law. If you are dissatisfied with the Site, or with any of these Terms, or feel MGS has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

11.  Indemnification. You agree to defend, indemnify and hold MGS, and its subsidiaries, affiliates, officers, directors, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, co-branders, licensees, members and attorneys harmless from and against any and all suits, actions, claims, demands, proceedings (whether judicial, regulatory, or administrative), damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from the Site, your use of the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms.

12.  Availability. We use reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for obtaining access to the Site and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

13.  Security. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to MGS via the Site or the Internet, including, for example, personal information such as your name or address.

14.  Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to MGS, at the address listed in Section 18, a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.

15.  Changes; Termination. You agree that we retain the right to amend these Terms and the Site at any time, for any reason, and with or without notice. Your continued use of the Site after any change is made to the Terms signifies your understanding of and intention and agreement to be bound by such change, whether or not you have actual notice thereof. It is your responsibility to monitor these Terms for changes. MGS reserves the right to terminate your access to this Site in the event that you violate these Terms or for any reason whatsoever or no reason, with or without notice.

16.  Governing Law and Jurisdiction. These Terms represent the entire agreement between you and MGS with respect to the subject matter hereof, supersede any and all prior and contemporaneous agreements between us, and will be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflict of law rules. By accessing, viewing, or using this Site or the Site Material, you consent to the jurisdiction of the federal and state courts located in the State of Colorado, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by MGS from within the United States. MGS makes no representation that this Site or the Site Material is appropriate or available for use in any location or territory, and access to this Site or the Site Material from locations or territories where it is illegal is prohibited. The waiver or failure of MGS to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.

17.  Severability; Interpretation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

18.  Contact. Mountain Goat, LLC is a Colorado limited liability company, headquartered in Broomfield, Colorado U.S.A. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:
By E-mail: info@mountaingoatsoftware.com

By Postal Mail: 1140 US Hwy 287 Suite 400-108 Broomfield, CO 80020

This Agreement is effective on: April 19th, 2010

This page was last modified on: July 18th, 2012


Copyright © 2012 Mountain Goat Software, LLC; All rights reserved.

By E-mail: info@mountaingoatsoftware.com
By Postal Mail: PO Box 165, Lafayette, Colorado 80026