Terms of service

WILLYGOAT’S TERMS OF USE

Ownership of Website; Arbitration; Agreement to Terms of Use

This Terms of Use Agreement (“Agreement”) is made and entered into by and between WillyGoat, LLC, a limited liability company organized under the laws of the State of Louisiana (“WillyGoat”), and you (“you” or “your”), the user of the WillyGoat website and its associated products (collectively “Website”). This Agreement will be effective when you browse the Website, accept cookies from the Website, and/or select the box to agree to our terms of use upon checkout, and your continued use of the Website or selection of the “I Agree” button constitutes your manifestation of assent to the terms of this Agreement. If you do not wish to be bound by the terms of this Agreement, you must not select the “I Agree” button or use the Website.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND WILLYGOAT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

WillyGoat’s Ownership of Content and Trademarks

You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of WillyGoat. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by WillyGoat.

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by WillyGoat, including, but not limited to, WILLYGOAT, are common law or registered trademarks owned by or licensed to WillyGoat. You are expressly prohibited from using the trademarks of WillyGoat to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of WillyGoat in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

Your Use of the Website

Conditional upon your adherence to the terms of this Agreement, WillyGoat grants you a limited, non-exclusive, non-transferable, worldwide, and revocable license to use the Website in its executable, and non-source code, form and for its customary and intended purposes. The customary and intended purposes of the Website are limited to its use to review information published on the Website, to communication with WillyGoat, or to purchase products through the Website.

As a condition of the license granted to you under the terms of this Agreement, and except where otherwise expressly allowed under the terms of this Agreement, you are expressly prohibited from the following:

Attempting to access the Website other than through a standard web browser unless You have been permitted to do so by WillyGoat through a separate, written agreement (this restriction does not apply to search engines that comply with WillyGoat’s robots.txt file);

1. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with WillyGoat’s robots.txt file);
2. Distributing, framing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Website;
3. Decompiling, reverse engineering, disassembling, or hacking the Website;
4. Scraping, caching, or utilizing the Website through a proxy;
5. Sharing your User Account with others or providing unauthorized access to your User Account;
6. Circumventing the Website’s technology protection measures;
7. Infringing upon the intellectual property or other proprietary rights of WillyGoat;
8. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
9. Exporting the Website in violation of the export controls or regulations of the laws of Your country or any other country’s laws or regulations;
10. Using the Website to violate any applicable law, statute, regulation, ordinance, or treaty, whether national or international;
11. Using the Website to violate the rights of third parties, including, but not limited to, personal and proprietary rights;
12. Removing or altering any proprietary notices contained within the Website, including, but not limited to, copyright and trademark notices; or
13. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Your Representations and Warranties

When using the Website, you warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

User Accounts

WillyGoat may provide you with the ability to register a user account (“User Account”), which will provide with additional access to the Website, including the ability to proceed through checkout faster, check the status of orders, view past orders, and provide for alternative shipping addresses for products purchased through the Website.

Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify WillyGoat immediately. You expressly agree and understand that you are prohibited from allowing any third party to use your User Account. You are also prohibited from using any other user’s User Account. You may be held liable for losses incurred by WillyGoat due to someone else using your User Account or as a result of your failure to keep your User Account information secure and confidential. WillyGoat reserves the right to restrict access to, suspend, disable, or delete Your User Account at any time, in its sole discretion, and without warning.

WillyGoat may provide you with the ability to submit ideas to WillyGoat through the Website. If you submit ideas to WillyGoat, you agree that any ideas that you submit to WillyGoat will automatically become the property of WillyGoat and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to WillyGoat. You understand and agree that WillyGoat may use or redistribute any ideas that you submit to WillyGoat for any purpose and in any way and that WillyGoat has no obligation to keep any ideas submitted to WillyGoat confidential.

Privacy and Data Processing

In your use of the Website, WillyGoat may collect personal or personally identifiable information from you. you warrant and agree that, for any personal or personally identifiable information that you transmit to WillyGoat, you have adequate rights to transmit that personal or personally identifiable information to WillyGoat and that doing so does not violate any law, statute, regulation, ordinance, or treaty, whether local, state, national, provincial. WillyGoat has adopted its Privacy Notice to ensure that you understand the type of information that it collects, when it collects it, how it uses it, and your right of access to it.

Ordering; Payment; Taxes

Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and WillyGoat until WillyGoat accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and WillyGoat, and WillyGoat strives to quickly correct any pricing errors on the Website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that WillyGoat is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by WillyGoat’s payment processor. You agree that you will not initiate any chargebacks to WillyGoat unless otherwise authorized by WillyGoat in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against WillyGoat. WillyGoat will report as income all payments received from You to WillyGoat to all proper taxing authorities.

WillyGoat accepts Visa, MasterCard, American Express, PayPal, Discover, bank ACH, wire, money order, and check. To obtain wiring or ACH instructions, please email help@willygoat.com. Please mail payments by check or money order to WillyGoat, LLC, PO Box 59278, Birmingham, AL 35259. Orders paid by check or money order are processed when payment is received.

Order Verification and Refund Policy

All orders are subject to review, verification, and approval by WillyGoat. WillyGoat reserves the right to refuse business and/or cancel any order with or without notice at its sole discretion. Refunds will be administered according to the Refund Policy.

If you have any questions regarding the availability of and/or process for a refund, please check out Refund Policy. It is the guidance for answering any questions about how WillyGoat refunds money to customers.

Small and Cosmetic Issues From Shipping

With shipping large playground equipment across the country, we do encounter damage in the shipping process. When a small amount of damage occurs in transit that is cosmetic in nature and does not diminish the functionality or safety of the product, WillyGoat and/or the manufacturer reserve the right to send touch-up paint at its own expense to the customer as a suitable remedy for the situation. Sanding of scuffs and scratches to plastic components is generally a suitable remedy as well.

The customer should not reject shipment for discoloration or peeling/scraping of paint that can easily be repainted. Additionally, the customer should not reject a shipment for which replacement parts can be provided. Shipping rejection should be reserved for structural damage, damage making the product unsafe for use, or total destruction of packaging beyond the customer's ability to take inventory. Please refer to the Shipping and Refund Policies with any questions.

Reporting and Replacing Concealed Damage or Lost Freight

We ask that you review the Shipping Policy for detailed information about the shipping process and what to expect upon delivery of your order. Unfortunately, sometimes packages arrive with damaged, defective, or missing parts that aren't observable upon delivery. At WillyGoat, we guarantee you will receive correct and functioning parts in these circumstances. We do not provide credits/refunds for missing or damaged parts or replacement parts not ordered through WillyGoat.

If you need a replacement for a part with concealed damage, please call our customer service number at (888) 920-4628 and we will be happy to help. Most replacement parts are shipped directly from the manufacturer and are ground delivery regardless of the initial shipping type. Note that scuffs, scratches, nicks, and checking are not considered damage to wood, plastic parts, metal posts or parts, or slides. Repair kits and not parts are sent when the shipment is accepted as clear and may require a shipping charge.

For parts that were missing from an unopened box, please contact help@willygoat.com so that we may assist you in retrieving replacement parts from the manufacturer. Some manufacturers give a 72-hour grace period for communicating missing parts, others give up to 10 days, and some manufacturers give up to 30 days. Customers should receive an email from WillyGoat with this grace period, but WillyGoat does not accept responsibility for the costs associated with replacement parts that are not reported during that allowable time.

Changing the Products in Your Order

We recognize sometimes mistakes are made in the ordering process or you’d like to adjust colors or quantities after a second thought. At WillyGoat, we pride ourselves on processing orders quickly as well. In any event, editing an order can be done if it is caught early. It is important that you contact us as quickly as possible. WillyGoat takes responsibility for shipping what is on the order confirmation email, so always request an updated order confirmation email when you request a change.

For most commercial items with lead times, colors and product changes with long lead times may be changed fairly easily, depending upon how quickly the customer contacts WillyGoat with the change. For commercial items that are under production, the ability to change depends upon the stage of production and the change requested. For commercial items that ship quickly from inventory (“Quick Ship”), changing or canceling an order beyond the first 24 hours that the order is placed may incur a restocking fee. All fees associated with restocking and order cancellations are detailed in the Refund Policy.

At WillyGoat, we ship wooden swing sets very quickly, and in many cases the same day as the order. If you would like to change anything about a wooden swing set order, it must be done by noon of the same business day, otherwise it may be subject to restocking fees (see Refund Policy for details).

Changing the Shipping Address on Your Order

Sometimes customers make clerical mistakes upon checkout and a shipping address is not properly input. Please check out our Shipping Policy to understand if there are any additional fees with changing your shipping address. Any additional charges must be paid prior to shipment.

Order Confirmation

WillyGoat is responsible for shipping the product according to the order confirmation email sent to the customer unless changes are expressly confirmed in writing from WillyGoat and a new confirmation email is generated.

Installation Guidelines

All customers with orders that include the installation of commercial playground equipment must sign a detailed acknowledgement that addresses the site and access specifications, responsibilities, etc. For a sample of the installation acknowledgement, please send an email to help@willygoat.com. In general, all installation prices are subject to the following guidelines:

• Any and all local permitting and compliance with local regulations is the sole responsibility of the customer. Further, it is the customer's obligation to understand and notify WillyGoat and the installer of any rules and regulations, government or otherwise, and will be responsible for any labor, time or cost delay due to such local regulations at least 48 hours prior to the commencement of the installation appointment.
• Installation site is relatively level and allows for unrestricted access of trucks and machinery Installation site has water and electrical access as well as trash facilities for excess waste from packaging.
• The customer shall be responsible for all known or unknown conditions of the site and it’s buried obstacles that may result in additional labor or materials cost. Examples of such obstacles are buried utilities, tree stumps, rock, concrete like substance or any concealed or rock materials. Commercial playground equipment cannot be bolted to asphalt. Installation services do not include concrete jackhammering without the express written acknowledgement by WillyGoat.
• The customer must complete an inventory of the equipment delivered prior to the installation appointment and is responsible for unloading the equipment at delivery. This allows time for any missing or replacement parts to be delivered prior to the installation appointment. The equipment must be placed within close proximity of the installation site. Any missing parts not noted and ordered with WillyGoat before the installer arrives will be the responsibility of the customer. Please check out our Shipping Policy for more information regarding receipt of shipments.
• Customer acknowledges that by signing off on the installation, any additional services or requests will incur additional fees that are their responsibility in full. Additionally, if such a request is submitted, all prior balances must be paid in full before the service is handled. The customer will be billed hourly or per job for any additional costs by the installer.

We are happy to provide the blank form to be signed prior to installation upon request! To request the form, please email help@willygoat.com.

Please review the Refund Policy for information regarding refunds for cancellation of an installation.

Changing an Installation Order

At WillyGoat, we recognize that you may need to change your installation plans. If you place an order for multiple products and later add additional sites and/or multiple locations for installation, additional fees may be due prior to your installation to cover the cost of deploying equipment to various locations. Changing an installation location more than 20 miles from the original installation location may also result in additional charges for travel time. All additional charges must be paid prior to scheduling an installation appointment.

Cancelling a Recently Placed Order

As long as an order has not been processed and/or placed under production, your order may be canceled, though some fees may apply. Please see our Refund Policy page for full details.

Quick Ship Products

We are happy to offer some products with a quick lead time, generally referred to as "Quick Ship" products. If you would like to order a Quick Ship item, please note that your order will ship according to the longest lead time for products from the same manufacturer in your order. You should not encounter this issue for products from different manufacturers. We can accommodate a quick shipment alongside a longer lead time from the same manufacturer, if needed, but it may incur costs to separate your shipments.

Backorder Information

Many commercial playground products are produced to order, but we have quite a few items that are kept in stock. Occasionally, one of these items may be on backorder with the manufacturer. WillyGoat will make every effort to either display the backorder date on the site or email you backorder information. Backorder dates may change without notice, and may ship out before a backorder date is provided. It is the customer’s responsibility to cancel any backordered item as it will process and ship when in stock otherwise. Please refer to the Refund Policy with any questions about canceling or returning a product with a lead time or from backorder.

Sales Tax Exemptions

WillyGoat collects sales taxes for states in which its accounting advisors deem is necessary. Sales taxes collected are shown in a customer cart or in commercial quotes. If a customer is exempt from sales taxes for their particular state, they should denote it in the request for quote form or email help@willygoat.com and be prepared to present the exemption certificate.

Mobile Messaging Service Terms and Conditions

The WillyGoat mobile message service (the "Service") is operated by WillyGoat, LLC (“WillyGoat”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from WillyGoat via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (877) 245-0261 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other WillyGoat mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (877) 245-0261 or email help@willygoat.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Third Party Websites

You acknowledge and agree that the Website may contain links to third party websites or content that WillyGoat does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that WillyGoat will not be responsible for websites not under the ownership or control of WillyGoat.

Term and Termination

The term of this Agreement will begin upon Your first accessing of the Website and will continue until the earlier of the following: (i) WillyGoat terminates Your access to the Website; or (ii) You cease using the Website and terminate Your User Account. WillyGoat reserves the right to terminate the Website or Your access to the Website in its sole and absolute discretion and without prior notice.

Consumer Rights Information; California Civil Code Section 1789.3

If this Website charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Website. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:

WillyGoat, LLC
212 W. Troy Street, Suite B
Dothan, AL 36303
help@willygoat.com

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.

Disclaimer of Warranties and Limitation of Liability

The products sold through the Website have been designed for the specific uses designated within their accompanying instructional materials or as displayed on the Website. These products may not be used for unlawful uses or for uses not expressly stated in their instructional materials. Any warranties provided for products sold through the Website are provided by their respective manufacturers and not WillyGoat.

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT WILLYGOAT WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT WILLYGOAT’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCT IN QUESTION OR $1000, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

WILLYGOAT WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT WILLYGOAT WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT WILLYGOAT’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT WILLYGOAT WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT WILLYGOAT’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

Indemnification

You agree to indemnify, defend, and hold harmless WillyGoat, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use or misuse of the Website, (ii) your use or misuse of products purchased from the Website; (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend WillyGoat will not provide you with the ability to control WillyGoat’s defense, and WillyGoat reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

Arbitration and Choice of Laws

You agree that any dispute, claim, or controversy arising out of or in relation to this Agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and WillyGoat, the parties agree that the arbitrator will decide that issue. Notwithstanding the foregoing, You and WillyGoat each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under Alabama law and will be heard exclusively in the state and federal courts located in or with jurisdiction over Dothan, Alabama.

You and WillyGoat agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction and shall be enforceable consistent with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly referred to as the 1958 New York Convention. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. The arbitrator will apply the laws of the State of Alabama and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND WILLYGOAT EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Force Majeure

WillyGoat will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond WillyGoat’s control, such as acts of God, war, riots, fire, pandemic, terrorist attacks, power outages, severe weather, or other accidents.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend WillyGoat.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. WillyGoat reserves the right to assign its rights and duties under this Agreement, including in a sale of WillyGoat, its assets, or the Website.

Waiver and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.