Terms of Service

Last updated: January 31, 2022

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THESE WEBSITES.

These Terms of Service (the “Terms”) are a legal contract between you and Goliath (“Goliath”, “we”, “us” or “our”). By using the website at www.goliathlifestyle.com, or any other web property that we may create in the future (collectively, these “websites”), including purchasing products from these websites, or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use these websites.

You agree that by using these websites, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. If you are viewing and using these websites on behalf of your employer or Goliath, you represent and warrant that you are authorized to bind your employer and Goliath to these Terms.

It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice to you. If you use these websites after the revisions are made, you agree to such revisions. If you do not agree to these revised Terms, please do not use these websites.

1. WEBSITE

We grant you a limited license to access and use these websites for your personal use, and to copy, distribute, and transmit the content of these websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using this website for your personal use or for the purpose of purchasing Goliath products for resale if you are an authorized reseller of such products (“Authorized Reseller”). This license does not include any resale or commercial use of these websites or its contents; any collection and use of any product listings, or descriptions; any derivative use of these websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.

Except as permitted above, this website or any portion of these websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Goliath. You may not use any meta tags or any other "hidden text" utilizing Goliath’’s name or trademarks without the express written consent of Goliath. Any unauthorized use terminates the permission or license granted by Goliath.

We reserve the right to change any information, features and functions of these websites without prior notice. We reserve the right to stop supplying Goliath products at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of this website for any illegal or unauthorized purpose is strictly prohibited.

2. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of these websites, you warrant to us that you will not use these websites for any purpose that is unlawful or prohibited by these Terms. You may not use these websites in any manner, which could damage, disable, overburden, or impair these websites or interfere with any other party's use and enjoyment of these websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through these websites.

3. PRODUCTS AND SERVICES

The products and services made available on these websites are intended for personal use only or if you are an Authorized Reseller then solely for the purpose of purchasing Goliath products for resale under our reseller policy. Except in the case of Authorized Resellers (see reseller policy), you may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Goliath’s prior written consent. Goliath and its suppliers may cancel or modify purchases on these websites if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms of service included on these websites, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

4. SMS TEXT MESSAGES

If you elect to receive marketing text messages from us via our website, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us. In addition to any fee of which you are notified, your mobile service provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your mobile service provider. Please consult your mobile service provider’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your mobile service provider does not permit SMS messages, you may not receive the Text Messages. Neither we nor any mobile service provider will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy; for more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

5. BILLING AND PAYMENT

Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through the websites may be made through a valid credit card, debit card or other payment method offered through the websites. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on these websites. Additional payment terms for Authorized Resellers set forth in the reseller policy.

6. SHIPPING AND TAXES

Product is shipped FOB Shipping Point/FOB Origin. That is, you are the buyer or Authorized Reseller pay shipping costs and take responsibility for products when they leave the Goliath warehouse. Separate charges for shipping and handling will be shown on the checkout page. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with your order, however designated, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on the checkout page.

7. TITLE; RISK OF LOSS

Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping is your responsibility. Title to any software will remain with the applicable licensor(s).

8. RETURN POLICIES

Except for Authorized Resellers, products that are purchased directly from these websites may be returned by you within thirty (30) days of the date of purchase for a full refund less shipping and handling. Only one opened package of any like product is eligible for return. All others of the same product must be in a factory sealed container to be eligible to be returned for a refund. The return policy for Authorized Resellers is set forth in the reseller policy.

9. ACCOUNTS

Some services on these websites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality and security of that username and password, and are responsible for all activity on your account whether or not authorized. You also agree to promptly notify us at info@goliathlifestyle.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to these websites.

We may suspend or terminate your account and your ability to use these websites or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

10. ELECTRONIC COMMUNICATIONS

When you use the websites, send e-mails to us, or send text messages (if you have elected to receive text marketing messages in accordance with Section 4), you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the websites, or by sending marketing text messages (if you have elected to receive text marketing messages in accordance with Section 4). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

11. FORUMS / BLOG / SOCIAL MEDIA

“Forum” means an area, site or feature offered as part of these websites that offers the opportunity for users to post content for viewing by one or more website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). Additionally, “Forum” includes any other website page created by Goliath, on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram and Pinterest.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying a Forum.
• Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
• Harvest or otherwise collect information about others, including email addresses, without their consent.
• Violate any applicable laws or regulations.

You are and shall remain solely responsible for the content you post on or through these websites under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. 

We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on these websites.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

12. TESTIMONIAL DISCLAIMER

In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

The people giving testimonials and consumer stories appearing on Goliath platforms and social media may have been compensated with free products or discounts for use of their experiences.

Testimonials and consumer stories appearing on Goliath platforms are received in various forms via a variety of submission methods. The testimonials and consumer stories reflect the real-life experiences and opinions of individuals who used our products and/or services. However, individual results may vary, and results may not be typical. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and consumer stories are not necessarily representative of what anyone else using our products and/or services may experience. Results may vary depending on a multitude of factors, including: age, gender, and physical condition.

The testimonials and consumer stories displayed are given verbatim except for grammatical or typing error corrections. Some testimonials or consumer stories may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Goliath. is not responsible for the opinions or comments posted on Goliath platforms and social media, and does not necessarily share the opinions, views or commentary of postings on Goliath platforms and social media. All opinions expressed are strictly the views of the poster or reviewer.

13. INTELLECTUAL PROPERTY INFRINGEMENT

Goliath respects the intellectual property rights of others, and we ask you to do the same. Goliath may, in appropriate circumstances and at our discretion, terminate service and/or access to these websites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on these websites, please provide Goliath’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at these websites, and information reasonably sufficient to permit Goliath to locate the material.
• Information reasonably sufficient to permit Goliath to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Goliath’s agent for notice of claims of copyright or trademark infringement on these websites can be reached as follows: Goliath Copyright Agent, 1744 Waterdown Rd. Burlington, Ontario, L7P 5A1.  Email: infogoliathlifestyle.com.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Goliath designated agent that includes all of the following information:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Goliath may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Goliath reserves the right, in its sole discretion, to terminate the account or access of any user of these websites who is the subject of repeated DMCA or other infringement notifications.

14. DISCLAIMERS AND LIMITATION OF LIABILITY

YOU ASSUME ALL RISK OF USING THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOLIATH AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOLIATH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THESE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THESE WEBSITES OR THE SERVER THAT MAKES THESE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOLIATH DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THESE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GOLIATH AND ITS THIRD PARTY SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE WEBSITES OR MATERIALS ON THE SITE, EVEN IF GOLIATH OR ITS THIRD PARTY SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. COPYRIGHT

The technology underlying, and the entire contents of these websites, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Goliath, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Goliath. Copyright 2022. All rights reserved.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Goliath Parties (as defined below), and each of their officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms of service, or any activity related to use of these websites (including negligent or wrongful conduct) by you or any other person accessing these websites using your Internet account.

17. PRIVACY

Registration Data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of these websites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy.

18. THIRD-PARTY LINKS

These websites may link to websites operated by third parties (“Third Party Sites”). Goliath has no control over these Third Party Sites, all of which have separate privacy and data collection practices, independent of Goliath. Goliath is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such Third Party Sites. These Third Party Sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Goliath is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

19. LOCAL LAWS; EXPORT CONTROL

Goliath controls and operates these websites from its headquarters in Canada and the products and material offered on these websites may not be appropriate or available for use in other locations. If you use these websites or the products outside of Canada, you are responsible for compliance with applicable local laws.

20. APPLICABLE LAW

Your use of these websites shall be governed in all respects by the laws of the Province of Ontario, Canada, without regard to its choice of law provisions.

21. TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Goliath shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Goliath shall promptly issue a credit to your credit card or debit card account in the amount of the charge.

22. TERMINATION

The provisions relating to Intellectual Property Infringement, Copyrights, Goliath Trademark Guidelines, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution and Arbitration; Class Action Waiver, Local Laws; Export Control, Applicable Law, and Typographical Errors shall in all events survive any termination of your account or any termination of these Terms.