PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE OR ACCESS THE SERVICES.
Last updated: March 6, 2019
You may not use the Services and you may not accept these Terms if you are not at least eighteen (18) years of age. If you accept these Terms, you represent that you have the capacity to be bound by them or if you are acting on behalf of a company or entity, that you have the authority to bind such company or entity.
Your Consent to Use Electronic Signatures and Communications
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at firstname.lastname@example.org. If you withdraw your consent to receive Communications electronically, we will close your Goalsetter Account and return the balance in your Goalsetter Account to a U.S. Bank Account that you control, as set forth in these Terms, and you will no longer be able to use your Goalsetter Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address by updating your profile on the Website.
Copies of Communications. You should have the ability to print and save and/or electronically store a copy of all Communications that we send to you electronically.
Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or iOS; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; and (5) a computer or device and an operating system capable of supporting all of the above. “Current Version” means a version of the software that is currently being supported by its publisher.
Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website and the Application or delivering notice of such termination or change electronically.
THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS FROM AND TO YOUR U.S. BANK ACCOUNT (AS DEFINED BELOW) VIA THE AUTOMATED CLEARINGHOUSE NETWORK (“ACH”) AND A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Description of Services
Goalsetter allows you to link a U.S.-based Bank Account that you represent you control to an omnibus account at Goalsetter’s partner bank (each a “Goalsetter Account”) to allow you to save money towards future expenses or goal. Goalsetter then acts as record-keeper monitoring deposits into the Goalsetter Account and acting at your instructions to cause the funds to be distributed at your direction. Specifically, at your direction, Goalsetter will cause its partner bank to debit via ACH your U.S. Bank Account and deposit such funds in the Goalsetter Account on your behalf. When you advise us that your reached your goal, upon receipt and verification of your instructions, we will direct that funds be transferred from your Goalsetter Account back to your Bank Account via ACH by our partner bank. Goalsetter never is in the flow of funds and is only the record-keeper of funds in the Goalsetter Account.
Creating a Goalsetter Profile and Setting Up Goals
Each User must set up a profile and identify their Goals in order to participate in Goalsetter. After you have created a goal, you can tell your friends, family and acquaintances what Goals you’re saving for by sending/posting a link to your Goalsetter profile via email, Facebook®, Twitter®, Paperless Post®, Evite ® or other digital invitations and ask people to support your Goals for your birthday, holidays or celebrations.
Your Goalsetter profile defaults to Private mode but you can elect to make it Public. If you designate your Goalsetter profile as Public then anyone will be able to view your Goalsetter profile. If you keep your Goalsetter profile Private then only the people whom you invite to see your Goalsetter profile will be able to view it.
A User who sets up a Goalsetter profile can also sign up for the Goalsetter “Auto-Save” feature. Auto- Save enables Users to link their external U.S. bank account (or a consenting adult's bank account) and designate an amount to give to a Goalsetter profile on a weekly, monthly or annual basis.
A User who sets up a Goalsetter profile can also sign up for the Goalsetter “Round-Ups” feature. Round- Ups enables Users to link their external U.S. Bank Account (or a consenting adult's bank account) and Goalsetter tracks the User’s debit card spending and rounds up debit card swipes to the nearest $1 or $2. Then, Goalsetter adds the amount and creates a deposit of the aggregated amount of round-ups on each Friday.
Giving a GoalCard®
To give a GoalCard®, the recipient does not have to be registered for Goalsetter. The Visitor just needs to provide (a) the email address for the recipient of the GoalCard and, (b) the Visitor’s bank account information for payment. The recipient will receive an email notification that they have a GoalCard waiting for them. The recipient will log into Goalsetter.co and will be required to connect an external U.S. bank account in order to collect the money that has been sent to them by the Visitor via the GoalCard. Any GoalCard funds not redeemed within twenty-one (21) days will be returned to the sender and purchaser of the GoalCard.
A User can sign up for Allowance feature. Allowance enables Users to link their eternal U.S. bank account (or a consenting adult’s bank account) and Goalsetter deposits amount approved by the User to the Goalsetter profile, depending on the allowance rules and chores approved.
It’s Fin Lit Quiz
A User can invite their kid(s) to play the It’s Fin Lit Quiz feature on iOS and Android App. The User can also choose to deposit a certain amount for every question their kid(s) get right on the quiz. The amount will be added over the week and transferred when the kid(s) finish their quiz.
Contributing to a Goalsetter Account
When someone clicks on the link to your Goalsetter profile page they will see each of your Goals, unless they are marked private. Visitors can give money to a User by clicking “Give a GoalCard®” on the User’s Goalsetter profile page. They can contribute to a User’s Goals by giving a lump sum (allowing the User to decide how much they want to allocate towards each of their Goals) or the Visitor can send the User specific amounts for each Goal.
Goalsetter partners with a third party payment processor Stripe for payment processing. All payments of funds (in support of a User’s Goal) are governed by the Stripe® user agreement.
The contributor’s name will be listed on the recipient’s Goalsetter profile. However, contributors have the option of making private their name.
Goalsetter only acts to cause third parties to move funds on a User’s behalf and Goalsetter does not hold funds. Moreover, Goalsetter cannot guarantee that Users will use the funds they receive for their stated Goal(s).
Your Authorization for ACH Debits and Credits
By agreeing to these Terms, you authorize GoalSetter to cause funds Goalsetter’s service providers to electronically debit or credit your Bank Account via ACH; to credit or debit the Goalsetter Account; and for Goalsetter to keep records of the transactions.
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Goalsetter that you wish to revoke this authorization by emailing email@example.com. You must notify Goalsetter at least three Business Days before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. If we do not receive notice at least three Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we will close your Goalsetter Account and return the balance in your Goalsetter Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Goalsetter Account or the Services, except as expressly provided in these Terms. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.s
Funds can only be debited or credited to your Bank Account and not to or from any third party account. You agree to notify Goalsetter if you change your Bank Account. If you close your Bank Account while funds are held in the Goalsetter Account, subsequent withdrawals upon achieving a goal may be delayed until Goalsetter verifies your new Bank Account. In the event Goalsetter cannot verify a new Bank Account, withdrawals may be by paper check to your address of record and may be subject to delay.
Your Account Information
In order to set up a Goalsetter profile you must provide the following information: name, date of birth, email address, username, password, (collectively “Account Information”). We will verify your identity in accordance with applicable law. You authorize us and consent to make any inquiries we consider necessary to validate your identity including pulling a credit bureau report to verify your identity. These inquiries also may include requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources as well as verify you control your US Bank Account. If you do not provide this information or Goalsetter cannot verify your identity or your control over your US Bank Account , we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your Goalsetter password which, together with your username, allows you to access our Website. By providing us with your e-mail address, you agree to receive all required notices electronically to your email address. It is your responsibility to update your email address, as appropriate.
If you become aware of any unauthorized use of your Account Information for the Services, you agree to notify Goalsetter immediately at the email address: firstname.lastname@example.org.
If you believe that your Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, you must notify Goalsetter immediately at the email address: email@example.com.
Rights You Grant Us
How do I use the Services?
The purpose of the Services is to try to help you save money for your goals. . We provide a digital platform for friends and family to give you monetary gifts that can be applied to the goals that you create as part of your Goalsetter profile. Goalsetter holds your funds as a custodian at Synapse’s partner Evolve Bank and Trust (your “Goalsetter Bank Account”). Funds are eligible for FDIC insurance in accordance with the rules and regulations of the FDIC, currently up to $250,000 for customer accounts at Evolve Bank and Trust, in the same deposit category. . Once we have verified your identity and that you control your Bank Account, we will cause each requested Goalsetter gift to be deposited in your Goalsetter Account.. Any Gifts that you receive prior to such verification will be directed to your US Bank Account and transferred to the Goalsetter Account upon verification. Only funds from your Bank Account may be transferred to your Goalsetter Account. Similarly, funds can only be transferred from your Goalsetter Account only to your Bank Account and not to any third party. Attempts to transfer to or from a third party will be rejected.
Your funds will remain in your Goalsetter Account until you instruct us to transfer some or all of your funds from your Goalsetter Account to your Bank Account by selecting CASH OUT on your Goalsetter Account profile page or by emailing us at firstname.lastname@example.org.We will generally transfer the requested funds from your Goalsetter Bank Account to your Bank Account within two Business Days of when we receive your request. It is important to know the amount of available funds in your Goalsetter Account before instructing us to transfer funds from your Goalsetter Account to your Bank Account. If you do not have sufficient available funds in your Goalsetter Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may decline or defer processing a transaction if in our sole discretion we determine the requested transfer may be fraudulent or improper; in such circumstances we may seek further information from you prior to implementing or formally declining the transfer. We will provide you with written notice if we decline a transaction. We may also close your Goalsetter Account and will, if permissible by law, return funds in your Goalsetter Account to your Bank Account without notice to you as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
You may not use the funds in your Goalsetter Account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from your Bank Account and the funds maintained in your Goalsetter Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account.
Goalsetter is not a financial adviser, and the Services are not intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions and are not responsible if your instruction causes an overdraft in your Bank Account. Overdrafts from your Goalsetter Account will not be permitted and we will reject any instruction that would cause an overdraft from your Goalsetter Account. In the event of a malfunction causing you to overdraft your Goalsetter Account, you authorize us to debit your Bank Account for the amount of the overdraft. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
For more information about the Services, please review these Terms and visit our Frequently Asked Questions page on the Website or the Application.
Your funds will remain in your Goalsetter Bank Account until you instruct us to transfer any or all of your funds from your Goalsetter Bank Account to your Bank Account by selecting CASH OUT on your Goalsetter Account profile page or by emailing us at email@example.com. We will generally transfer the requested funds from your Goalsetter Bank Account to your Bank Account within two Business Days of when we receive your request. It is important to know the amount of available funds in your Goalsetter Bank Account before instructing us to transfer funds from your Goalsetter Bank Account to your Bank Account. If you do not have sufficient available funds in your Goalsetter Bank Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from your Goalsetter Bank Account to your Bank Account without notice to you upon the closure of your Goalsetter Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
You may not use the funds in your Goalsetter Bank Account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from your Bank Account and the funds maintained in your Goalsetter Bank Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account.
Goalsetter is not a financial adviser, and the Services are not intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
For more information about the Services, please review these Terms and visit our Frequently Asked Questions page on the Website or the Application.
Electronic Fund Transfers ("EFTs") and Account Balances
When you open a Synapse User Account, you will link a checking or savings account to perform EFT and, if applicable, deposit funds into your Synapse User Account. Deposits into your User Account are held at Synapse's financial institution partners as detailed in Synapse TOS. DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE FOR INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS BASE UPON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSE MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE SAME FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS AND CATEGORY OF DEPOSIT.
All EFT transactions are performed by and deposits are held by Synapse's financial institution partner. Evolve Bank and Trust, and Synapse only transmit transaction instructions to Synapse's financial institution partner. Goalsetter will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your Synapse User Account ad detailed below.
Transactions History and Disputes
"Goalsetter is responsible for resolving issues and errors relating to transactions and account balances. Bank services are provided by Evolve Bank, Member FDIC, through our banking software provider, SynapseFI. To report a complaint relating to the bank services, email firstname.lastname@example.org."
Are there any fees for using the Services?
Goalsetter charges a $1 flat transaction fee on each transaction processed. In addition to Goalsetter’s fees, Stripe® charges a 2.9% transaction fee and a thirty cents (30¢) transaction fee on all transactions processed through Stripe®. A party making a deposit or withdrawal will pay the Stripe transaction fees and authorizes the debit of such fees from your Bank Account. See the Stripe® user agreement for more information on Stripe’s fees. The fees will be waived if the gift is sent through ACH.
We also may charge a monthly fee (the “Monthly Fee”) for our ongoing services. You authorize us to debit the Monthly Fee on a monthly basis from your Bank Account pursuant to your ACH authorization provided above. The Monthly Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Monthly Fee from time to time in our sole discretion. We will notify you in advance of any change to the Monthly Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Monthly Fee takes effect, you agree to pay the Monthly Fee, as modified.
For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays.
How do I check the balance in my Goalsetter Account?
You may obtain information about the balance of funds in your Goalsetter Account at any time by logging in to your Goalsetter Account on the Website.
Will I receive interest on the funds held in my Goalsetter Bank Account?
You agree that you will not receive interest or other earnings on the funds in your Goalsetter Bank Account. You irrevocably transfer and assign to Goalsetter any and all rights that you may have to any interest that may accrue on funds held in your Goalsetter Bank Account. This assignment applies only to interest earned on the funds held in your Goalsetter Bank Account, and nothing in these Terms grants Goalsetter any rights to the principal of the funds held in your Goalsetter Bank Account.
What are some restrictions on using the Services?
You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
You agree not to authorize any other person or entity to use your user name and password or mobile device to access the Services other than any joint account holder who will have full access to the account. We will process any instruction from a joint account holder as being authorized by all accountholders and you agree we have no independent obligation to confirm a joint account holder’s instruction to us with any other accountholder. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your Goalsetter Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at email@example.com.
We offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, “Content”) solely for your personal use for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Content.
The Services and Content are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all rights and remedies under applicable law. Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Content to a third party; (e) use any portion of the Services or Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content; (g) modify the Services or Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or Content; (i) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (j) jeopardize the security of your Goalsetter Account or any other person’s Goalsetter Account (such as allowing someone else to use your username and password to access the Services); (k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services; (l) violate the security of any computer network or crack any passwords or security encryption codes; or (m) run Maillist, Listserv, any form of auto- responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services. We may, but are not obligated to, monitor your use of the Services and Content.
We do not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms. We and our third-party licensors retain all right, title, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.
The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, “User Content”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party.
To the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your Goalsetter Account for any reason, including, but not limited to, your breach of these Terms.
What about my privacy?
What are the requirements to use the Services?
For our compliance purposes and in order to provide the Services to you, you hereby consent and authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information.
By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant Goalsetter and our third-party service providers a limited power of attorney, and you hereby appoint Goalsetter and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN GOALSETTER OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, GOALSETTER AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Goalsetter and our third-party service providers, Goalsetter owns your confidential User Information.
What do I do if I suspect someone has gained unauthorized access to my username or password?
If you suspect someone has gained unauthorized access to your username or password, you must contact us immediately at firstname.lastname@example.org. In order to take any action, you will need to provide certain User Information so we can verify your identity.
How does Goalsetter communicate with me about the Services?
In order to use the Services, you must provide your email and/or phone number, and you must expressly consent to receive email and/or phone calls relating to the Services at that address or number. Third-party data and message fees may apply. If you change your phone number or email address, you must promptly provide and verify your new number or email address.
In addition, we may send you important notices via email about the Services.
What do I need to know about third-party websites?
What if I want to stop using the Services?
You may stop using the Services, close your Goalsetter Account, and terminate your compliance with these Terms at any time by contacting us at email@example.com and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending transactions relating to your Goalsetter Account when we receive your termination notice, we will close your Goalsetter Account promptly after such transactions are completed. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.
Upon the closure of your Goalsetter Account, we will transfer the funds in your Goalsetter Account, if any, to your Bank Account. If your Bank Account is closed or we are otherwise unable to transfer the funds in your Goalsetter Account to your Bank Account, we will send you an email requesting information about where we can send a check for the amount of the funds yo your address of record.
If you do not use the Services for a certain period of time, applicable law may require us to report the funds in your Goalsetter Account as unclaimed property. If this occurs, we may try to contact you at the email address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Goalsetter Account to the applicable state as unclaimed property. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.
Provisions of these Terms that, by their nature, should survive termination of these Terms will survive termination of these Terms.
What else do I need to know about the Services?
Additional Terms. In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website, including, but not limited to, terms and conditions for our referral or rewards programs (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms will control.
Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT GOALSETTER, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR BANK ACCOUNT TO YOUR GOALSETTER ACCOUNT VIA THE SERVICES; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to defend, indemnify, and hold harmless Goalsetter, its affiliates, and its and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct as determined by us in our sole discretion. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Assignment. You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Goalsetter Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
Third-Party Beneficiary. You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
Governing Law. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
DISPUTE RESOLUTION BY BINDING ARBITRATION: JURY TRIAL WAIVER: CLASS ACTION WAIVER. For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrary nature of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this Section, “we” and “us” mean Goalsetter and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Services or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of your Goalsetter Account and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
If you wish to opt out of this arbitration provision, you must notify us of your election in writing within 30 days of the date that you first became subject to this arbitration provision or within 30 days of the effective date of any material change to these Terms by sending a written notice to us by certified mail at the following address: Students of Wealth, Inc., 266 Decatur Street, Brooklyn, New York, 11233, Attn: Arbitration Opt-Out. Your opt-out notice must include your name, address, phone number, and email address.
For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Will Goalsetter ever change these Terms or the Services?
We may add to or terminate any of the Services or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Website and the Application or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
How can I contact Goalsetter?
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at firstname.lastname@example.org ,or Students of Wealth, Inc., 415 Madison Ave., Ste. 400, New York, NY 10017.