Terms of Use

1. Acceptance of Terms

These Terms are entered into between you and Goodway Group, Inc. (“Goodway Group”, “we”, or “us”). These Terms, together with any documents that are expressly incorporated by reference, shall govern your access to and use of Goodway Group’s Sites, including:

• goodwaygroup.com
• controlvexposed.com
• overlineconsulting.com
• tuffgrowth.com

and any content, functionality, or services offered on or through the Sites.

When we refer to “you” or “your,” we mean the person who is visiting and using the Sites. If you are accessing the Sites on behalf of or for the purposes of another person, business, or other organization, “you” or “your” also incorporates that other person, business, or other organization if applicable. 

The Sites are not targeted at children or intended for use by individuals under the age of 18. If you are under the age of 18, you are not permitted to use the Sites. If you use the Sites, you affirm that you are at least 18 years old or that you-- being over the age of 18 years old-- have given your consent to allow any of your minor dependents to use the Sites.

2. Changes to Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. Any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction and Dispute Resolution sections of these Terms will not apply to any disputes for which the parties have actual notice before the date the change is posted.

You are expected to check this page each time you access the Sites so you are aware of any changes, as they are binding on you.

3. Governing Law and Jursidiction

All matters relating to the Sites and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes and claims), shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Except as expressly provided in the section below titled Dispute Resolution, any legal suit, action, or proceeding arising out of or related to these Terms or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case, located in Collin County, Texas, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waive any objection based on improper venue or inconvenient forum. Notwithstanding the foregoing, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. A final judgment in any such legal suit, action, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

4. Dispute Resolution

Please read this section carefully. It significantly impacts your legal rights, including your right to file a lawsuit in court and participate in a class action.

You and Goodway Group agree that most disputes that arise between us, and which cannot be resolved informally, shall be resolved with limited exceptions as set forth below. This section includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of these Terms and your relationship with Goodway Group.

For the purposes of these Terms, any problem, claim, or dispute (a "Dispute") shall be interpreted broadly and shall include any dispute, claim, or controversy between you and Goodway Group, its affiliates, and subsidiaries arising out of or relating to these Terms, your access to or use of the Sites, your use of any products or services sold through the Sites, or your relationship with us whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. "Dispute" shall include:

1. Any dispute or claim that arose before the existence of this or any prior Terms (including any claims related to advertising);
2. Any dispute or claim that is currently the subject of any class action litigation in which you are not a member of a certified class; and
3. Any dispute or claim that may arise after termination of these Terms

Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property. These Terms do not prevent you from bringing a Dispute to the attention of a government agency.

It is our goal that we meet your expectations but there may be instances when you have a Dispute; in such instances, we are committed to working with you to reach a reasonable resolution that satisfies you and we can only do this if we know about and understand your issue. For any Dispute you may have with or against Goodway Group, you acknowledge and agree that you will first give us an opportunity to informally resolve your Dispute as set forth below in this section. Goodway Group agrees that it will do the same as to any Dispute that it might have with you. 

4.1. Mandatory Informal Dispute Resolution Process

Before filing any lawsuit or proceeding in accordance with the provisions set forth in these Terms, if either you or Goodway Group has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute (“Notice”).

If you have a Dispute with us, you agree to provide us with the Notice by sending the Notice by certified mail to the following address:
Goodway Group
Attn: Legal Department
228 Park Ave. South
Suite 81524
New York, NY 10003
or in accordance with the Notice provisions of this Agreement.

If we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. A Notice must include all of the following:
(a) a detailed description of the Dispute;
(b) the nature and basis of the claim(s);
(c) the relief sought and a calculation for it;
(d) information sufficient for us or you to identify any relevant transactions, accounts,  or experiences; and
(e) the party’s mailing address, email address, and a phone number.

Any Notice that you submit must be signed by you and any Notice that we submit must be signed by a Goodway Group representative. If you want us to speak with your representative, please also provide us with a signed authorization to do so. 

During the informal dispute resolution process, should the party receiving the Notice make a request, both parties shall participate in an individualized virtual and/or telephonic settlement conference to facilitate potential resolution of the Dispute. You agree to personally attend any such conference (along with legal counsel if represented) if Goodway Group makes such a request and we agree to have a representative from Goodway Group personally attend any such conference (along with legal counsel if represented) if you make such a request. Goodway Group and you agree to negotiate in good faith in an effort to resolve any Dispute; this should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, we and you agree to the further dispute resolution provisions listed below.

Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating any lawsuit or legal action. Any applicable limitations period (including statutes of limitations) will be tolled for sixty (60) days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court of competent jurisdiction shall have the power to enforce this condition precedent to any lawsuit. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elects to have that issue decided by a court, then the informal dispute resolution requirement shall be automatically stayed pending resolution of that issue. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this mandatory informal process. You or we may commence litigation if the Dispute is not resolved through this process.

4.2. Class Action and Jury Trial Waivers

To the fullest extent permitted by law, you and Goodway Group each agree that any proceeding, whether in court or otherwise, will be conducted only on an individual basis. Neither you nor Goodway Group shall seek to bring or participate in any class, collective, consolidated, private attorney general, or representative action against the other.

To the fullest extent permitted by law, you and Goodway Group each expressly waive the right to a jury trial in any action, suit, proceeding or counterclaim of any kind arising out of or in any manner connected with these Terms or the subject matter hereof.

5. Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUTOF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

6. Site Access and Account Security

We reserve the right to withdraw or amend any of the Sites and any service or material we provide on the website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.

To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with any of the Sites or otherwise, including but not limited to the use of any interactive features on the Sites is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

7. Intellectual Property Rights

The Sites and entire contents, features, and functionality therein (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Goodway Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Goodway Group name and all related names, logos, product and service names, designs, and slogans are trademarks of Goodway Group, its affiliates, or licensors. You may not use such marks without the prior written permission of Goodway Group. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

8. Reliance on Information Posted

The information presented on or through the Sites made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website or by anyone who may be informed of any of its contents. 

The Sites may include content provided by third parties, including client testimonials and materials provided by third-party licensors. All statements and/or opinions expressed in these materials and all other content other than the content provided by Goodway Group are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Goodway Group. We are not responsible for or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

9. Site Changes

We may update the content on the Sites from time to time, but its content is not necessarily complete or up to date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

10. Links

You may link to the home pages for our Sites provided you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association with, approval from, or endorsement by our part without our express consent. 

If the Sites contain links to other sites and resources provided by third parties, including social media websites and applications, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or how they may share or use your information. If you decide to access any of the third-party websites or resources linked on the Sites, you do so entirely at your own risk and subject to the terms and conditions of use and privacy notices for such websites and resources.

11. Geographic Restrictions

We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of the content therein is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do soon your own initiative and are responsible for compliance with local laws.

12. Accessibility

Goodway Group works to make the Sites accessible to all individuals including those with disabilities. If you are having difficulty accessing our Sites, please contact us using the contact information described at the end of these Terms. We will work to provide our products and services to you through alternative means.

13. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection,  accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED ON THE SITES. 

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GOODWAY GROUP NOR ANY PERSON ASSOCIATED WITH GOODWAY GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER GOODWAY GROUP NOR ANYONE ASSOCIATED WITH GOODWAY GROUP REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR IN CONJUNCTION WITH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, GOODWAY GROUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

14. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GOODWAY GROUP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify and hold harmless Goodway Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites, including, but not limited to any use of the Site content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the website.

16. Waiver and Severability

No waiver by Goodway Group of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Goodway Group to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17. Assignment

Goodway Group may assign these Terms and any of its rights under the Terms, in whole or in part, and delegate any of its obligations under the Terms.

You may not assign these Terms, in whole or in part nor transfer or sub-license your rights under these Terms to any third party; any attempt by you to do so is void.

18. Entire Agreement

The Terms constitute the sole and entire agreement between you and Goodway Group with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites.

19. Your Comments and Concerns

If you have any feedback, comments, or other communications related to the Sites, please contact us:
‍
Email: privacy@goodwaygroup.com
Phone: +1 (877) 274-9881
Mail: 
Goodway Group, Inc.
c/o Legal Department
228 Park Ave South
Suite 81524
New York, New York 10003-1052