Agent Terms & Conditions

Goal Platform LLC

Updated August 27, 2025

This Agreement is entered into by and between Goal Platform LLC, operating under the name CheckOutGoal.com (“Goal,” “we,” “us,” or “our”), and you, the Company intending to utilize Goal (“Buyer,” “Advertiser,” “You,” or “Insurance Company”). By acknowledging the receipt and sufficiency of the mutual promises and conditions outlined in this Agreement, the parties hereby consent to the following:

ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION CLAUSE. WITH THE EXCEPTION OF SPECIFIC DISPUTES ENUMERATED IN THAT ARBITRATION CLAUSE, BOTH ADVERTISER AND GOAL AGREE THAT ANY DISPUTES BETWEEN THEM WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION. FURTHERMORE, ADVERTISER AND GOAL WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Acknowledgment of Terms

By accessing or utilizing the software and services provided here, or by clicking the "Create Account" button or by signing or e-signing, you express your agreement to these Terms and commit to being legally bound by this Goal Terms of Service (the "Agreement"). If you do not consent to the Terms and Conditions outlined in this Agreement, refrain from accessing or using the software or services, as such access is not authorized.

The terms of this Agreement may be modified periodically by Goal, with or without notice. Advertiser recognizes that it is the responsibility of the Advertiser to regularly review this Agreement for any revisions. The continued utilization of the Goal Network by the Advertiser shall be considered as the Advertiser's acceptance of the relevant terms stated in this Agreement, inclusive of any subsequent amendments hereto.

2. Responsibilities Pertaining to Services

a. Clicks. Goal commits, contingent upon Advertiser's assigned budgets and specified Cost per Click ("CPC") bids, to exhibit Advertiser's links, rates, and other advertising components that direct Customers to a URL designated by the Advertiser. This display will occur on websites managed by Goal, including those owned by third parties with a contractual arrangement permitting Goal Advertisers' ads to be featured on such websites. For each unique Customer who clicks on Advertiser's ads (referred to as "Click"), Advertiser agrees to remit a predetermined Fee as outlined in the platform.

b. Utilization of Lead Data. Upon Advertiser fulfilling its payment obligations for Clicks as outlined in this Agreement, Advertiser shall be granted complete rights to employ the Lead data for any purpose consistent with this Agreement and applicable laws. In the event that Advertiser rejects a lead or fails, for any reason, to fulfill its payment obligations concerning a Lead, Advertiser shall forfeit any rights to any data provided by Goal or collected from the user related to such Lead, including but not limited to ping data. “Lead Data” means any or information which Advertiser collects or may collect via its relationship with Goal as a dataset, for the specific purpose of marketing insurance products to consumers.

c. Ownership of Leads. Ownership of all Leads generated by Advertiser shall be retained jointly by Advertiser and Goal.

d. Non-Use of Goal or Other Third-Party Marks. Advertiser is expressly prohibited from using Goal’s name, trademarks, service marks, or other intellectual property in any manner without the prior written consent of Goal. Additionally, Advertiser is not authorized to incorporate any registered intellectual property of any third party in Advertising under this Agreement without obtaining permission and/or a license from a duly authorized representative of that third party.

e. Grant of License. Subject to the terms and conditions of this Agreement, Advertiser grants to Goal an unlimited, non-exclusive, royalty-free license to display the Advertiser Marks, logos, and/or other intellectual property on Goal’s Websites in connection with the exercise of the Parties’ rights and obligations under this Agreement.

3. Adherence to Legal Requirements.

a. General Compliance with Laws. Both parties shall adhere to all laws pertinent to the conduct of their respective businesses and fulfill all terms and conditions outlined in this Agreement.

b. Advertiser's Compliance. Advertiser commits to complying with all federal, state, and local laws, rules, and regulations, as well as industry best practices relevant to its business and the execution of this Agreement. This includes, but is not limited to, adherence to all laws and regulations governing the offer and sale of insurance products, along with any applicable licensing requirements ("Applicable Advertiser Laws").

c. Compliance with the Telephone Consumer Protection Act (“TCPA”). Goal assures Advertiser that, if mandated by the applicable Insertion Order (IO), all Leads: (1) were generated with clear and conspicuous disclosure that the consumer would receive future calls/texts to offer the requested services; (2) demonstrate the consumer's agreement to receive such calls/texts at the designated telephone number(s); (3) did not necessitate, directly or indirectly, that the consumer provide prior express written consent for future telemarketing calls/texts as a precondition to receiving the requested services; and (4) required the consumer to take affirmative action to acknowledge their intention to receive calls/texts for the requested services. In the event Goal utilizes third parties for creating, receiving, maintaining, or transmitting Leads, Goal shall ensure that each such third party agrees in writing to comply with the TCPA's requirement for prior express written consent.

d. Privacy Laws. Both parties shall observe all applicable privacy laws, including, but not limited to, the Gramm-Leach-Bliley Act of 1999 (15 U.S.C. §§ 6801 et seq.), the California Consumer Privacy Act, and other pertinent federal and state laws and regulations governing consumer privacy and the security of Consumer Information.

e. Advertiser is explicitly prohibited from initiating outbound telephone calls containing prerecorded messages (commonly known as “robocalls”) to any Customer who is the subject of a Lead provided by Goal. The transfer of any Lead provided by Goal to another individual or entity is forbidden unless the recipient provides written consent to these same restrictions regarding robocalls and transfers.

4. User Behavior

a. While utilizing the services of Goal under this agreement, Advertiser is prohibited from:

  1. Violating any applicable international, federal, or state laws, regulations, or rules, as well as any security exchange requirements (collectively referred to as "Laws"). This includes using any information provided under this Agreement in a manner that contravenes any Laws, such as the TCPA or the US CAN-SPAM Act of 2003.
  2. Impersonating any person or entity or providing false statements or misrepresentations about affiliation with a person or entity.
  3. Violating or attempting to violate the security of any systems, including testing, scanning, probing, or attempting to hack the vulnerability of the site or any network used by the site, or breaching security, encryption, or other authentication measures. This also includes attempting to interfere with the site by overloading, flooding, pinging, mail bombing, or crashing it.
  4. Attempting to reverse engineer, decompile, or disassemble any portion of the site or services provided on the site.
  5. Attempting to "Scrape" information from the site or using any engine, software tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search any portion of the site.

b. Advertiser is responsible for ensuring that all information provided is true, accurate, current, and complete. Advertiser shall periodically update all provided information to maintain up-to-date records with Goal.

c. Advertiser acknowledges that all calls to or from Goal, including Call Transfers, may be monitored or recorded for the purpose of review and analysis by Goal. Advertiser consents to this recording and agrees to obtain the consent of its agents, employees, contractors, and any other individuals recorded on any call to or from Goal. Call recordings may be stored and analyzed by Goal for an indefinite period.

5. Payment Terms.

a. Advertiser shall make advance payments by designating a prepayment/deposit amount to be debited from its credit card. To initiate account activation, a non-refundable deposit, determined by us, is required. When the remaining balance in the Advertiser's account equals or falls below $50, the specified re-bill option in the agent portal will automatically withdraw payment from the Advertiser’s credit card or other established prepayment method. By accepting these Terms, Advertiser agrees that Goal is authorized to charge the credit card on file for all incurred fees. Advertiser further asserts to Goal that, if not the account holder of the credit card, they possess the necessary authority to use the credit card on behalf of the account holder. In the event of an unsuccessful card charge or a charge-back, Goal is entitled to levy a $25 fee for each unsuccessful transaction. If the amount to be charged equals or exceeds the initial pre-payment/deposit, Goal may, at its sole discretion, suspend Advertiser's account and/or forfeit its reserved geographic areas. Reactivation of Advertiser's account is subject to a successful new deposit charge, at Goal's sole discretion.

b. In the event that Goal terminates this Agreement or ceases service to Advertiser, any outstanding balance owed to Goal is payable within 15 days from termination. A $50 per day collection fee will be applied to Advertiser's account for each day the account is past due or in a collections status. Advertiser shall reimburse Goal for all expenses incurred in collecting overdue accounts, including attorney’s fees, court costs, and other reasonable expenses, within 5 days of Goal’s request, if it becomes necessary to resort to these means for collection.

c. Advertiser is responsible for all taxes, fees, and other charges that may be imposed on Advertiser in connection with the payment of fees to Goal.

d. Inactivity Fee. For all accounts with a positive balance and no activity in the last 90 days, Goal may impose a monthly inactivity fee until no balance remains.

6. Confidential Information.

a. Definition of Confidential Information. Throughout the Term of this Agreement, Advertiser may be privy to specific non-public information from Goal, denoted as "confidential" or "proprietary" by Goal. This information includes pricing details, customer-related information, financial data, sales or marketing information, or any other information reasonably deemed confidential by a prudent person ("Confidential Information"). Confidential Information excludes information that is generally known and available or is in the public domain through no fault of Advertiser. Notwithstanding, Confidential Information encompasses Consumer Information and the details of this Agreement.

b. Safeguarding Consumer Information and Confidential Information. Advertiser agrees: (a) not to disclose any Confidential Information to third parties, (b) not to use Confidential Information for any purpose beyond what is allowed under this Agreement, and (c) to maintain the confidentiality of Confidential Information with a degree of care at least equivalent to Advertiser's efforts to protect its own confidential information, complying with all applicable laws and regulations. If compelled by law to disclose Confidential Information, Advertiser will furnish Goal with a written notice at least five (5) business days prior to such disclosure (to the extent legally permitted), along with any assistance Goal requires to challenge or restrict the disclosure. Advertiser acknowledges that, given the unique nature of both Consumer Information and Confidential Information, there may be no adequate remedy at law for any breach of Advertiser’s obligations under this Section 6. Such a breach could cause irreparable harm to Goal or a third party. Consequently, Advertiser agrees that, in addition to any other remedies available to Goal, it is entitled to seek injunctive or other equitable relief to safeguard Consumer Information and Confidential Information.

7. Lead Delivery.

a. Methods of Delivery. Leads are considered delivered to Advertiser once they are uploaded into the Goal User Interface website. Goal is not accountable for (i) any issues related to third-party lead management or agency management software delivery, or (ii) any malfunctions, inaccuracies, or other problems associated with an email or other notice sent by a Lead provider notifying Advertiser of the loading of Leads into the Goal User Interface website.

b. Goal bears no responsibility or liability for Leads not reaching Advertiser’s Account or any alternative system for any reason (including, but not to, downtime of any such alternative system). No credits or refunds will be provided for Leads placed in Advertiser’s Account but not received by Advertiser through any requested alternate delivery method. If the Agent requests Goal to deliver Leads to Advertiser via Advertiser’s CRM database or a similar system, the Agent affirms, warrants, and undertakes to Goal that Advertiser possesses all necessary rights, licenses, and permissions to grant Goal access to such CRM database or similar system for the exclusive purpose of delivering Leads to Advertiser’s Account, including sharing any applicable passwords or account keys.

c. Volume Monitoring. Advertiser is responsible for continuously monitoring its Lead volume. Goal reserves the right to adjust its Lead volume at any time at its sole discretion, with no obligation to notify Advertiser of such volume changes. Goal may choose to communicate such volume modifications through its customer service department or the Goal User Interface website, but it is not obliged to do so.

8. Advertiser Representations & Warranties.

Advertiser affirms the following representations and warranties to Goal:

a. a) Authority. The execution, delivery, and performance of this Agreement by Advertiser fall within Advertiser’s authority, having received due authorization through all necessary corporate, limited liability, or other acts of Advertiser. These actions do not violate or constitute a default under any provision of Advertiser’s governing documents.

b. Binding Agreement. This Agreement has been appropriately executed and delivered by Advertiser, constituting valid and binding obligations enforceable according to its terms.

c. Litigation. No actions, suits, or proceedings are currently pending against Advertiser, and to the best of Advertiser’s knowledge, there are no imminent threats of such actions. This includes any litigation based on or arising from an agreement or arrangement between Advertiser and a third party that parallels the substance of this Agreement or the activities contemplated by this Agreement.

d. Judgments. Except as previously disclosed by Advertiser to Goal in writing, no judgments, settlements, consent orders, assurances of voluntary compliance, or other agreements with a governmental unit exist that would affect or relate to the services outlined in this Agreement.

e. Compliance with the Law. Advertiser acknowledges sole responsibility and liability for understanding and complying with all applicable federal, state, local, national, foreign, and industry laws, rules, regulations, guidelines, and ordinances worldwide ("Applicable Law" or "Applicable Laws"). This includes laws pertaining to the use of Leads, the Goal Network, Goal services, consumer information, truthful and fair business practices, and the processing, privacy, protection, and safeguarding of personal information. Advertiser commits to obtaining and maintaining all necessary licenses for offering and selling Advertiser products and services, adhering to Applicable Laws.

In addition, Advertiser agrees not to use or process Lead information or any other personal information in a manner that would lead to Goal breaching its obligations under Applicable Laws and policies. Advertiser will implement and maintain appropriate measures, controls, and safeguards to ensure the confidentiality and security of personal information, prevent unauthorized processing, and respond to data subjects' requests relating to their rights under Applicable Laws.

Advertiser will cooperate with Goal in addressing consumer rights requests related to Leads and other personal information provided by Goal. Goal retains the discretion to determine the validity of consumer requests and provide instructions to Advertiser regarding the extent of assistance required.

This commitment extends to Advertiser assisting in communicating requests to all recipients of consumer information, securing cooperation to address such requests, and ensuring compliance with data subject rights.

9. Term

Termination. Advertiser is required to submit a written notice to terminate this Agreement, adhering to Goal’s reasonable established practice for receiving and processing termination notices, within a period not exceeding 15 business days. In the event of termination for any reason, the remaining balance in the Advertiser’s account is non-refundable. However, Advertiser can utilize the remaining balance towards any product offered by Goal. Goal retains the right to terminate this Agreement at its discretion, with or without prior notice. In case of termination by Goal, any credit balance remaining from the pre-payment/deposit will be promptly applied and credited to the Advertiser, subject to Goal’s right to set-off any amounts owed to Goal.

10. Billing Disputes

a. In the case of a billing dispute, Advertiser must notify Goal within the Dispute Period, defined as the fifth (5th) day after Advertiser’s receipt of the applicable bill. Bills not disputed within the Dispute Period are deemed accurate and due for payment. Goal will review disputes in its sole discretion, and during the dispute resolution period, both Advertiser and Goal will continue business as usual.

b. Advertiser agrees to keep all communications regarding the dispute confidential, limiting discussion to internal communications between designated employees of Goal and Advertiser. Advertiser commits not to distribute, post, or publish details regarding the dispute or opinions about Goal resulting from the dispute to third parties. Failure to comply with this confidentiality requirement constitutes a material breach of the Agreement. Advertiser agrees to reimburse Goal for any direct and indirect costs associated with such breach.

11. Scope of Use.

a. Access & Use of Goal Sites. User, subject to payment of applicable fees, is granted a limited, revocable, non-exclusive, royalty-free license by Goal during the Agreement's term to access and use the Goal Sites solely for internal business purposes related to referral services provided by Goal. User may not assign, transfer, or sublicense the license without Goal’s prior written consent. The use of any trademark, trade name, or other indicators of Goal without written permission is prohibited. Goal reserves the right to limit, suspend, or remove access to Goal Sites at its discretion.

b. Limitation of Use of Info. Advertiser may not commercially develop or derive any data incorporating information from the Goal Network without Goal’s prior written consent. Use of the site for commercial purposes is allowed after registration and payment of applicable fees, subject to limitations in this Agreement. Modification, copying, distribution, downloading, display, use, publication, licensing, creation of derivative works, transfer, or sale of any information obtained on the Goal network, except as specifically defined in this Agreement, is prohibited.

c. Ownership of Advertiser Sites. Advertiser acknowledges Goal's exclusive ownership of all rights, title, and interest in and to Goal Sites, including Website Materials and the design and organization thereof.

12. Non-Disparagement

By agreeing to these Terms of Use, you agree that, during the term of this Agreement and at all times thereafter, you will not, directly or indirectly, make or publish any statements, whether written, oral, or otherwise, that disparage, defame, or otherwise harm the reputation, goodwill, or business interests of Insurance.io, its affiliates, or their respective officers, directors, employees, or agents. Nothing in this section shall prevent you from making truthful statements when required by law, regulation, or legal process.

13. Non-Solicitation of Employees and Contractors

a. No Solicitation or Use of Company Trade Secrets to Solicit Employees or Contractors. Advertiser agrees that during the term of this Agreement and for a period of twelve (12) months following its termination or expiration, it will not, directly or indirectly, solicit for employment or use or disclose any Confidential Information or trade secrets of SmartFinancial to solicit for employment, engagement, or other business relationship any person who is, or within the preceding six (6) months was, an employee or contractor of the Company.

b. General Solicitations Permitted. Nothing in this Section shall prevent Advertiser from conducting general solicitations of employment or engagement through advertisements or recruiting activities not specifically targeted at employees or contractors of the Company, provided no use or disclosure of the Company’s Confidential Information or trade secrets occurs in connection with such solicitations.

c. Acknowledgment of Reasonableness. Advertiser acknowledges that this restriction is limited in scope and duration, is necessary to protect the Company’s legitimate interests in its trade secrets and Confidential Information and is not intended to restrict lawful competition or employee mobility.

d. Remedies for Breach. Advertiser agrees that any breach of this provision will cause the Company immediate and irreparable harm for which monetary damages would be inadequate. Accordingly, the Company shall be entitled to seek injunctive relief, without posting a bond, to prevent or restrain any such breach, in addition to any other remedies available at law or equity.

14. Disclaimer of Warranties.

Advertiser acknowledges that Goal’s services are provided "as is" with no warranty whatsoever. Advertiser uses the services at its own risk, and Goal, its affiliates, licensors, or suppliers make no warranties, express or implied. Goal expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. Goal is not involved in the actual transactions between advertisers and leads, and therefore, cannot confirm the quality, safety, legality, truth, or accuracy of application data submitted by leads.

15. Limitation of Liability.

In no event shall Goal, its affiliates, officers, directors, licensors, suppliers, agents, contractors, or employees be liable for any consequential, exemplary, special, indirect, incidental, or punitive damages, or lost revenue, lost profits, or anticipated business arising from or relating to this Agreement, the subject matter hereof, or the Goal Sites or services. This includes damages arising from information provided by, to, or through Goal. The aggregate liability of Goal and its affiliates, officers, directors, licensors, suppliers, agents, contractors, and employees for any damages arising from or relating to this Agreement, the subject matter hereof, or the Goal Sites or services shall not exceed the amounts received by Goal from User pursuant to this Agreement during the calendar quarter in which such claim(s) accrued.

16. Indemnification

a. Advertiser Indemnification. Advertiser undertakes to indemnify, defend, and hold harmless the Goal Parties from any liability, loss, cost, or expense, including reasonable attorneys’ fees, expenses, and litigation costs (collectively referred to as "Damages"), arising from the following: (i) any claim by a Lead resulting from a dispute between said Lead and Advertiser; (ii) Advertiser’s utilization or misuse of a Goal Site; (iii) Advertiser’s fulfillment of its obligations under this Agreement; (iv) Advertiser’s breach or alleged breach of this Agreement, including any inaccuracy in the representations or warranties made by Advertiser herein; or (v) Advertiser’s violation or alleged violation of Applicable Advertiser Laws.

b. Indemnification Process.

17. Cooperation

The parties commit to cooperating and expeditiously resolving any accounting discrepancies, technology issues, integration concerns, or other matters arising under this Agreement.

18. Notice

All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement must be in writing and are deemed given (a) when hand-delivered (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (with receipt requested); (c) on the date of sending by facsimile or email with a PDF document (with confirmation of transmission) during the recipient’s normal business hours, and on the next business day if sent after normal business hours; or (d) on the third day after mailing by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to Goal at the specified address and to User at the address on the signature page (or other address as specified in a notice).

19. Further Assurances.

Each party agrees to execute and deliver additional documents, instruments, conveyances, and assurances and take further actions reasonably required to fulfill the provisions of this Agreement and give effect to the transactions contemplated herein.

20. Non-Disparagement

Advertiser shall not, at any time during the Term and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, online, orally, or otherwise, or take any action which may, directly or indirectly, disparage Goal or any of its subsidiaries or affiliates or their respective officers, directors, employees, advisors, businesses or reputations.

21. Amendment and Modifications

Except as otherwise specified herein, this Agreement may be amended, modified, or supplemented only by a written agreement signed by each party.

22. Headings

The headings in this Agreement are for reference purposes only and do not affect the interpretation of the Agreement.

23. Severability

Should any term or provision of this Agreement be deemed invalid, illegal, or unenforceable in any jurisdiction, it shall not affect any other term or provision of this Agreement, and such invalidity, illegality, or unenforceability shall not invalidate or render unenforceable such term or provision in any other jurisdiction.

24. Relationship of the Parties

The parties acknowledge their status as independent contractors, and nothing in this Agreement creates any relationship beyond that of independent contractors. No partnership, joint venture, franchise, sales representative, or employment relationship is established, nor any relationship of principal and User.

25. Waiver

No waiver by any party of any provision of this Agreement shall be effective unless explicitly set forth in writing and signed by the waiving party. No waiver shall operate or be construed as a waiver of any failure, breach, or default not expressly identified in the written waiver, whether of a similar or different character, and whether occurring before or after the waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, and any single or partial exercise shall not preclude any further exercise.

26. Counterpart Execution

This Agreement may be executed in counterparts, with each copy deemed an original. A copy delivered by facsimile, email, or other electronic means is considered as having the same legal effect as an original signed copy.

27. Assignment

User may not assign its rights or delegate its obligations under this Agreement without Goal’s prior written consent.

28. Successors and Assigns

This Agreement binds and inures to the benefit of the parties and their respective successors and assigns.

29. No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties and their respective successors and permitted assigns, and no other person or entity shall have any legal or equitable right, benefit, or remedy under or by reason of this Agreement.

30. Audits

Goal or its designated third party may audit Advertiser for compliance with this Agreement. Advertiser agrees to cooperate fully with the audit, including providing requested documents and making personnel available for interviews. Advertiser will reimburse Goal for reasonable audit expenses if the audit reveals a material breach of this Agreement.

31. Choice of Law

All matters arising out of or related to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio, without regard to its choice or conflict of law provisions.

32. Dispute Resolution

a) Arbitration. Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, the products provided under it, or any breach, termination, or validity thereof (a "Dispute"), whether contract, tort, or otherwise, shall be finally settled by arbitration on an individual basis. Advertiser and Goal need not arbitrate disputes where either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, with the seat of the arbitration in Columbus, Ohio.

b) The Federal Arbitration Act governs this dispute resolution provision. Arbitration will be initiated through the American Arbitration Association and will be governed by the AAA Consumer Arbitration Rules. If the AAA is unavailable, an alternative arbitral forum will be selected. The rules of the chosen forum will govern all aspects, except to the extent they conflict with these Terms. A single neutral arbitrator will conduct the arbitration. Claims or disputes seeking less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the initiating party's option. For claims or disputes of $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award may be entered in any court of competent jurisdiction.

c) If non-appearance arbitration is elected, it may be conducted by telephone, online, written submissions, or a combination thereof, chosen by the initiating party. The arbitration will not involve personal appearances by the parties or witnesses unless mutually agreed. The arbitrator's award may include monetary damages and any non-monetary remedy or relief available under law and the arbitral forum's rules.

d) Advertiser and Goal waive any constitutional and statutory rights to go to court and have a trial by judge or jury, electing instead to resolve claims and disputes by arbitration. In any litigation over whether to vacate or enforce an arbitration award, Advertiser and Goal waive the right to a jury trial.

e) Claims and disputes must be arbitrated or litigated individually and not on a class basis. Claims of more than one person or user cannot be arbitrated or litigated jointly or consolidated with those of any other person or user. If the class action waiver is invalid, neither party is entitled to arbitration.

f) Rights and limitations in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver does not waive or affect any other portion of this arbitration agreement.

g) Advertiser may not bring an individual action in small claims court.

h) Judgment Upon Award. The arbitration award shall be final and binding, with judgment entered by any court having jurisdiction over the parties or their assets.

i) This arbitration agreement survives the termination of Advertiser’s relationship with Goal, including account termination and these Terms.

33. Entire Agreement

This Agreement, together with any IO and the incorporated Terms of Use, Privacy Policy, and Return Policy found on the Goal Sites, constitutes the entire agreement between the parties, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter herein.

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