Last updated: March 01, 2023
1. Introduction
Welcome to Goingmake® Tools! These Terms and Conditions (“Terms”) form a legally binding agreement between you and Goingmake® Tools regarding your use of our website located at goingmaketools.shop (the “Site”) and any related services provided by Goingmake® Tools (collectively, the “Services”).
Please read these Terms carefully before using our Site or Services. By accessing or using the Site or Services, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, you may not use the Site or Services.
2. Definitions
“Goingmake® Tools”, “we”, “us” or “our” refers to the owner of the Site and provider of the Services.
“You” or “your” refers to the user of the Site or Services.
“Content” means any text, data, information, images, photographs, graphics, videos or other material available on the Site or through the Services.
“Personal Information” means information that can be used to identify you, either alone or in combination with other information.
3. Use of Site and Services
3.1 Eligibility: You must be at least 18 years old and able to form legally binding contracts to use the Site or Services. If you are under 18, you may only use the Site and Services with the involvement and consent of a parent or legal guardian.
3.2 License: Goingmake® Tools grants you a limited, revocable, non-transferable license to access and use the Site and Services solely for your own personal, non-commercial purposes, subject to these Terms. This license does not allow you to collect, scrape, download, store, or aggregate any Content on the Site. We reserve all rights not expressly granted in these Terms.
3.3 Restrictions: You agree not to:
(a) Modify, translate, reverse engineer, decompile or disassemble any portion of the Site or Services;
(b) Circumvent or disable any security or technological features of the Site or Services;
(c) Remove or alter any copyright, trademark or other proprietary notices on the Site or Services;
(d) Use any robot, spider, scraper or other automated means to access or use the Site or Services;
(e) Take any action that imposes or may impose (in our sole discretion) an unreasonable load on our technical infrastructure; or
(f) Use the Site or Services for any illegal or unauthorized purpose, or in violation of any laws.
3.4 Availability: We strive to keep the Site and Services available but cannot guarantee 100% uptime. We reserve the right to suspend or terminate the Site or Services, in whole or in part, at any time with or without notice. We will not be liable for any suspension or termination of the Site or Services.
3.5 Account Access: To access certain features of the Site or Services, you may be required to create an account and provide certain Personal Information. You must ensure your account information is accurate and updated at all times. You are solely responsible for all activity that occurs under your account, including any unauthorized access, and you must not share your account credentials with any third party. You agree to notify us immediately if you discover or suspect any unauthorized access or use of your account.
3.6 Links to Third Party Sites: The Site and Services may contain links to third party websites and services. Such links are provided for your convenience only. We do not endorse, nor are we responsible for the content, goods or services available on or through such websites or services. Accessing any third party site is done entirely at your own risk.
4. Intellectual Property
4.1 Ownership: The Site, Services and all underlying technology and Content are owned by Goingmake® Tools or our licensors. We retain all intellectual property rights in the Site, Services and Content. These Terms do not grant you any ownership rights in the Site, Services or Content.
4.2 Trademarks: “Goingmake® Tools” and all related logos and brand identifiers are our trademarks. You agree not to display or use these trademarks in any manner without our prior written consent.
4.3 User Content: We claim no ownership over any Content submitted or made available by you on or through the Site or Services. However, by submitting or posting Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, copy, modify, distribute, publicly display or perform, and translate such Content on and through the Site or Services. This license ends when you delete the Content or when your account is closed.
4.4 Proprietary Rights: All technology, software, and processes used to provide the Site or Services are proprietary to us and our licensors. Unauthorized copying or distribution of such material in any form without our express written consent is prohibited.
5. User Conduct
5.1 Lawful Use: You agree to use the Site and Services only for lawful purposes and in compliance with all applicable laws and regulations. You agree not to use the Site or Services to:
- Infringe any third party copyright, patent, trademark, trade secret or other intellectual property rights;
- Post any content that is false, defamatory, threatening, abusive, vulgar, hateful, obscene or offensive;
- Distribute viruses, worms, Trojan horses, ransomware, spyware, or other malicious code;
- Impersonate others or manipulate identifiers to disguise the origin of any content;
- Harvest, collect or gather user data without consent;
- Send or promote unsolicited junk mail, spam or chain letters;
- Violate the privacy or infringe the rights of others; or
- Promote or engage in any illegal activity.
5.2 Reporting Violations: If you discover or suspect any violation of these Terms, you agree to report it to us immediately. Send an email to [email protected] describing the nature of the violation.
5.3 Consequences of Violation: We reserve the right to investigate suspected violations of these Terms and take any action we deem appropriate, including blocking access to the Site or Services, suspending or terminating any user account, and cooperating with law enforcement. Under certain circumstances, we may also be obligated to report violations to relevant authorities.
6. User Content
6.1 Responsibility for User Content: You alone are responsible for any Content you submit or post on or through the Site or Services. You agree not to submit any inappropriate, illegal, offensive or obscene Content. We do not control, verify, endorse or take responsibility for any User Content, and we make no representations or warranties regarding the quality, accuracy or integrity of any User Content.
6.2 Content Monitoring: We reserve the right (but do not have any obligation) to monitor, screen, post, remove, modify, store and review User Content in our sole discretion. However, we have no obligation to do so or to proactively police, screen or monitor User Content.
6.3 Content Backup: We take reasonable measures to backup and preserve User Content, but do not guarantee we will retain any particular Content. You are responsible for maintaining independent backups of any important Content you submit.
6.4 Content License: By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, reproduce, modify, publish, distribute, perform, and display such Content on and through the Site and Services. This license ends when you delete the Content or when your account closes.
6.5 Right to Remove Content: We reserve the right to delete or disable Content at any time without notice, including Content that we believe violates these Terms, is offensive, illegal, or infringes on the rights of others. Our right to remove Content shall not impose any obligation to monitor User Content.
7. Purchases and Payments
7.1 Product Descriptions: We strive to accurately describe our products and services on the Site; however, we do not warrant that descriptions on the Site are accurate, complete, reliable, up to date or error-free. Please email us at [email protected] if you discover any errors or out-of-date information on the Site.
7.2 Prices and Payment: All prices and fees displayed on the Site are in U.S. dollars. We reserve the right to change prices at any time without notice. You agree to pay all applicable fees, taxes and other charges incurred through your use of the Site and Services. We may add, remove or change the way we accept payment at any time without notice.
7.3 Recurring Payments: Certain Services may involve recurring periodic payments (e.g., monthly fees). By signing up for such Services, you authorize us to periodically charge your provided payment method or invoice you for applicable fees, until you cancel the Service. Frequency and amount of recurring payments will be disclosed prior to your agreement to purchase.
7.4 Order Cancellation and Refunds: Orders for physical products may be cancelled before shipment for a full refund by contacting our customer service. Digital products or services may not be cancelled after purchase. Please review any applicable policies regarding cancellations and refunds prior to purchase. If no refund policy is posted for a particular item, purchases are final and non-refundable.
7.5 Gift Cards and Promo Codes: Gift cards, promotional and discount codes issued by Goingmake® Tools are valid only on purchases made through the Site, and cannot be redeemed for cash or credit. Expiration dates will be disclosed at the time codes are issued. We are not required to replace expired or lost gift cards, codes or credits.
8. Third Party Services
The Site and Services may integrate, be integrated into, or be provided in connection with third party websites, services, content and/or materials (“Third Party Services”). We do not control any Third Party Services. We take no responsibility for the availability, accuracy, appropriateness, completeness or legality of any such Third Party Services. Your use of Third Party Services is done entirely at your own risk and subject to the terms and conditions of such Third Party Services.
9. Disclaimers and Limitation of Liability
9.1 No Warranties: THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.2 No Liability for Conduct of Third Parties: We have no control over and are not liable for the acts or omissions of other users, advertisers or any other third parties you interact with through the Site or Services. Your interactions with third parties are solely between you and such third party.
9.3 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR MAXIMUM LIABILITY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SITE OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE PRECEDING 12 MONTHS. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT EXPAND THESE LIMITS. YOU RELEASE US FROM ALL LIABILITY IN EXCESS OF THESE LIMITS.
9.4 Basis of the Bargain: THE LIMITATIONS OF LIABILITY IN THESE TERMS ARE A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GOINGMAKE® TOOLS. YOU ACKNOWLEDGE THAT ABSENT SUCH LIMITATIONS, THE ECONOMIC TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
10. Indemnification
You agree to defend, indemnify, and hold harmless Goingmake® Tools and our officers, directors, employees, contractors and agents from and against any claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising out of: (i) your violation of these Terms; (ii) your violation of any third party rights, including without limitation any intellectual property rights or privacy rights; or (iii) any damage of any sort incurred as a result of your use of or access to the Site or Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
11. Termination
We reserve the right, without notice and at any time, to terminate your license to use the Site or Services, and to block or prevent your future access to and use of the Site and Services. Your obligations under these Terms, and our rights and remedies, shall survive any termination.
12. Governing Law and Jurisdiction
These Terms are governed solely by the internal laws of the State of California, without regard to conflict of law rules or principles that would cause the application of any other state’s laws. Any dispute between you and Goingmake® Tools arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you hereby irrevocably consent to personal jurisdiction and venue in such courts. Notwithstanding the foregoing, we retain the right to seek injunctive relief in any court of competent jurisdiction to prevent or curtail any actual or threatened infringement of our proprietary or intellectual property rights.
13. Changes and Amendments
We reserve the right to modify or amend these Terms from time to time. Updated versions of these Terms will be posted on the Site and are effective immediately. Your continued use of the Site or Services signifies acceptance of any modified Terms. If you do not agree to the modified Terms, you must stop using the Site and Services immediately.
14. Miscellaneous
14.1 Severability: If any provision of these Terms is determined to be invalid or unenforceable under applicable law, then it shall be amended to the minimum extent necessary to make it valid and enforceable, or if amendment is not possible then the invalid provision shall be severed from these Terms without affecting the remaining provisions.
14.2 No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights or provisions. Any waiver must be in writing and signed by an authorized representative to be effective.
14.3 Entire Agreement: These Terms constitute the entire agreement between you and Goingmake® Tools relating to your use of the Site and Services. These Terms supersede any prior or contemporaneous understandings regarding the Site or Services.
14.4 Contact Us: If you have any questions about these Terms, please email us at [email protected].
15. Additional Policies
In addition to these Terms, the following additional policies apply to your use of the Site and Services:
- Privacy Policy
- Acceptable Use Policy
- Cookie Policy
Please review these additional policies. By using our Site or Services, you agree to comply with all applicable policies. The additional policies are incorporated by reference into these Terms.