Effective Date: May 30, 2019
- Access Eligibility. You must be at least eighteen (18) years of age to register to use the Website and Services. My Goat’s Services are available only to individuals who can form legally binding contracts under applicable law. My Goat reserves the right to refuse access to or use of our Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion.
- Services. The Services offered by the Website include a subscription-based grass cutting service through the use of robotic auto mowers (each a “Goat”). No other services are included in this Agreement, including but not limited to, edging and other lawn care maintenance services.
- Monthly Subscription Fee. In order to use the Services, You will be required to pay My Goat’s standard monthly subscription fee which shall be posted on the Website (“Monthly Subscription Fees”). Monthly Subscription Fees shall be based on the subscription package You select when you setup Your Account. My Goat may modify the Monthly Subscription Fees from time to time by posting new Monthly Subscription Fees to the Website, and Your continued use of the Services will be considered an acceptance of the updated Monthly Subscription Fees. In the event You do not agree to the updated Monthly Subscription Fees, Your only remedy is to terminate your Account. At the time that You establish an Account, You will be required to place a credit card on file with Your Account in order to pay the Monthly Subscription Fee, and You authorize My Goat to automatically charge the Monthly Subscription Fee on the first day of each month. You shall be solely responsible for managing Your credit card on file with Your Account. You represent and warrant to My Goat that You are the holder of all credit cards on file with Your Account, and if You are not the account holder of a credit card, You have all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that Your credit card no longer processes or My Goat believes that You are not authorized to incur charges on a credit card with Your Account, My Goat may immediately suspend Your Account.
- Term. This Agreement shall remain in full force and effect while You are using the Website or Services whether You are a visitor or a registered User. Your subscription package will be considered a month to month agreement and may be terminated at any time upon thirty (30) days’ notice prior to the first of each month, subject the Termination Fee set forth in Section 6 (as applicable).
- Termination by You. You may delete Your Account at any time, by logging into your Account and selecting the option to delete your Account. Upon deletion of your Account, the Monthly Subscription Fee will cease. However, please note that if You terminate Your subscription during the first twelve (12) month period after register for Services, You agree to pay to one time termination charge equal to two (2) times the Monthly Subscription Fee (“Termination Fee”), and You authorize My Goat to automatically charge Your credit card on file for the Termination Fee. Even if You delete Your Account but continue to use the Website as a visitor, Your use of the Website is still subject to this Agreement.
- Termination by My Goat. In the event that My Goat is unable to charge Your credit card on file and You fail to update your credit card within ten (10) days of notice by My Goat, My Goat may terminate Your Account or the right to use the Services. Upon the termination of Services under this Section, You will be obligated to pay the Termination Fee.
- Reconnection Fee. If the Services are terminated for any reason and You register for Services at a later date, You will be charged a reconnection fee equal to eight (8) times the Monthly Subscription Fee in order to begin using the Services.
- Electronic Communications. When You send e-mails to My Goat, visit the Website, or participate in a webinar, You are communicating with My Goat electronically. By registering Your Account, You agree that My Goat may send e-mails to You and You consent to receive e-mails or other electronic communications from My Goat. Generally, My Goat will communicate with You by e-mail or by posting notices on this Website.
- Goat Pen. In order to provide the Services, You shall be required to purchase and install a perimeter wire around Your lawn (“referred to as a “Goat Pen”). You will be charged a one-time fee for the Goat Pen, and You authorize My Goat to install the Goat Pen around your lawn. My Goat assumes no liability or responsibility for the Goat Pen, and in the event that it is damaged, You will be responsible for repairing the Goat Pen by hiring a third party or My Goat (at My Goat’s standard rates) to repair the Goat Pen. My Goat shall not be responsible for the failure of a Goat to cut Your lawn in the event that the Goat Pen is damaged, and You will be required to pay the Monthly Subscription Fee even if the Goat fails to cur your lawn due to damage to the Goat Pen. Upon termination of Your use of the Services, You agree and acknowledge that the Goat Pen shall remain on your lawn and that My Goat shall not be obligated to remove the Goat Pen.
- Return of the Goat. You agree and acknowledge that the Goat, its docking station, power cable, and power supply are the sole property of My Goat (“My Goat Equipment”), and upon termination of Your use of the Services, You agree that My Goat: (a) shall be permitted to remove the My Goat Equipment from your lawn; or (b) may require You to return all My Goat Equipment to My Goat. In the event You fail to return the My Goat Equipment, My Goat may charge You the greater of: (a) $1,000 penalty; or (b) the replacement cost of the damaged equipment.
- Damage to the Goat. You further agree that You will not, nor shall You permit any visitors, guests, or other third-party invitees, to remove, lift, misuse, interfere with, abuse, or otherwise damage the My Goat Equipment. You hereby assume and shall bear the entire risk of loss and damage to the My Goat Equipment regardless of cause. In the event of damage, My Goat may terminate Your subscription and the Services and may charge You the greater of: (a) $1,000 penalty; or (b) the replacement cost of the damaged equipment.
- Failure of the Goat. You agree and acknowledge that in event that the Goat fails to cut Your lawn due to a malfunction which is not due to Your actions or the actions of Your visitors, guests, or other third-party invitees, You will be required to notify My Goat of such failure through the Website. Upon notice to My Goat, My Goat shall have seventy-two (72) hours to repair or replace the malfunctioning Goat, and My Goat shall not be responsible for any delay in Services caused by such malfunction unless My Goat fails to respond with seventy-two (72) hours of notice.
- Lawful Use. You will use the Website and Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. MY GOAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MY GOAT MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND MY GOAT MAKES NO WARRANTY THAT THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. YOU AGREE THAT THIS WEBSITE, MY GOAT, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT, EVEN IF MY GOAT WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT MY GOAT’S LIABILITY FOR MONETARY DAMAGES TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO MY GOAT UNDER THIS AGREEMENT.
- Indemnification. You agree to indemnify and hold harmless this Website, My Goat, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims related to Your use of the Services.
- Governing Law and Venue. Your use of the Website and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Davidson County, Tennessee. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against My Goat. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
- Attorneys’ Fees. In the event that My Goat must bring legal action in order to enforce this Agreement or You bring legal action against My Goat, and if My Goat prevails, You shall pay My Goat’ costs of litigation, including reasonable attorneys’ fees and court costs.
- Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by My Goat without restriction. However, this Agreement may be transferred to a purchaser of Your home, subject to My Goat’s approval.
- Notice and Service of Process. All notices, requests, claims, demands and other communications to My Goat shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to My Goat). User shall send notices to My Goat as follows:
My Goat is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User’s Account, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User’s Account, User agrees that service of process through the Secretary of State were User resides or is organized, shall be deemed effective service of process.
- Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.