GOLDN Terms and Conditions of Use
These Terms were last updated: June 2019
We at Goldn Text, Inc. (“Goldn,” “We,” “Us,” or “Our”) welcome you (“you” or “your”) to goldn.com (the “Website”). We provide the content and services available on the Website to you subject to the following terms and conditions of use (the “Terms”). Please carefully review these Terms that govern access and use of the Website and the associated services. We provide various forms of content and information to users (“Goldn Members”) including, but not limited to, (a) self-care practices for Goldn Members and their dogs; (b) product and service recommendations; (c) sponsored Goldn challenges; and (d) wellness, training, health and fitness tips for Goldn Members and their dogs. We also provide Goldn Members with the ability to purchase a subscription which provides tailored dog raising advice and access to a group of pet experts, including veterinary technicians, trainers and wellness professionals (“Pet Experts”) for answers to Goldn Member dog-raising questions. These services (each, a “Service” and collectively, the “Services”) are available to Goldn Members who register with Goldn. By accessing or using any portion of the Website or Services, you are acknowledging that you have read, understand, and accept these Terms and agree, without limitation or qualification, to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use this Or Services.
Changes to these Terms. We reserve the right, in Our sole discretion, to change, add or remove portions of these Terms at any time and for any reason. If We change these Terms, We will post the revised version of the Terms here, and such changes will be effective immediately upon that posting. Accordingly, you should periodically review these Terms when accessing or using the Website or Services. Each use of the Website and Services constitutes your agreement to be bound by and comply with the then-current Terms. If at any time you no longer agree to be bound by or comply with these Terms, then you must immediately stop accessing and using the Website and Services.
Reliance on the Information Sent. The information sent via this Service, or presented on or through the Website, is made available solely for general information purposes. We do not warrant the accuracy, completeness, usefulness, or safety 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 information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents or the contents of the service.
Our Services are not intended to replace your existing relationships with your pet(s)’ primary care veterinarian and other pet experts; they are intended only to supplement those relationships and should never be considered as a substitute for direct, regular veterinarian care and services. Our Pet Experts only provide general, non-emergency, and non-diagnostic advice to Goldn Members. There is no veterinarian-client-patient relationship being created when you use the Services. The content available on the Website and through the Services ("Goldn Content") is for informational purposes only. The Goldn Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Do not use the Goldn Content instead of seeking advice from your veterinarian or delay in seeking your veterinarian’s advice because of any Goldn Content. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CONTACT YOUR VET OR A VETERINARY EMERGENCY FACILITY IMMEDIATELY.
Member Benefits. As a Goldn Member, you have access to the following services and benefits (collectively, the “Goldn Membership”).
· Product and Service Referrals. As a Goldn Member, you may receive information about providers of pet services or products. Please always exercise caution and conduct independent verification before working or transacting with such providers. Goldn hereby expressly disclaims, and you hereby expressly release Goldn from, any and all liabilities arising from, or in any way related to, your interaction with such providers, or any services or products provided by them.
· Self-Care Practices. As a Goldn Member, you may receive self-care guidance for you and your pet, including but not limited to, tips or activities related to health, wellness, training or fitness. Goldn is not liable for any injury resulting from performance of these exercises, nor do they substitute for a fitness or mental health expert.
· Challenges. As a Goldn Member, you are eligible to participate in Goldn sponsored challenges (“Goldn Challenges”), which will entail Goldn permitting Goldn Members to submit User Content, as defined below. Goldn Members who submit such content will be entered for a chance to win free dog products including, but not limited to, free food, treats and toys. Your participation in Goldn Challenges does not guarantee that you will be selected as a winner of a Goldn Challenge. The selection of winner(s) will be in Goldn’s sole discretion. Furthermore, Goldn hereby expressly disclaims, and you hereby expressly release Goldn from, all liability and responsibility arising from your use of any dog products that were obtained either as a result of winning a Goldn Challenge or after learning about a product through a Goldn Challenge.
· Pet Expert Service. As a Goldn Member, you are eligible to sign up for a paid subscription (“Paid Goldn Membership”) which provides tailored dog raising advice and access to a group of Pet Experts for answers to dog-raising questions via text message or any other method that Goldn may make available to Goldn Members in its sole discretion. Please note that our Pet Experts only provide advice on general, non-emergency questions about your pet(s) and do not provide face-to-face veterinary diagnosis or treatment or prescribe any medication for your pet(s). NEITHER GOLDN OR ITS PET EXPERTS PROVIDE VETERINARY OR MEDICAL ADVICE OR TREATMENT. Depending on the question, our Pet Experts may suggest you seek further treatment or care from a veterinarian or other pet care providers. You acknowledge and agree that your membership does not cover any costs you may incur for any office visits to veterinarians or other pet care providers, or for any treatments, tests, medications, classes, training sessions, or other related expenses, and you are fully responsible for such costs.
Member Account and Security. In order to access the Goldn Membership and Paid Goldn Membership, you will need to signup for the Services and provide us with certain information. You are responsible for providing accurate, current and complete information in connection with your account registration. You agree to immediately notify us of any compromised or unauthorized use of your password or account. We will not be liable for any losses caused by unauthorized use of your account. However, you could be held liable for losses to Goldn or others due to such unauthorized use.
Recurring Payment Processing & Billing. By signing up for the Paid Goldn Membership, you understand and agree that you are purchasing a monthly membership program, and that you designate at the time of your enrollment that your payment be paid monthly. Goldn will charge the credit card you designate when you first sign up the then-current monthly Membership fee after any applicable trial periods have expired (plus applicable taxes) until the Membership is canceled in writing.
· The cost of the Paid Goldn Membership may vary based on the plan you select.
· The charge for the Paid Goldn Membership fee will be billed to the primary payment method identified in your account. If we are unable to complete your Paid Goldn Membership order, we will notify you through the email address associated with your Paid Goldn Membership. If we are unable to get an updated payment method, your Paid Goldn Membership will be cancelled and will remain inactive until you resume your Paid Goldn Membership by contacting a customer service representative at email@example.com to provide an updated payment method to address the past payments that remain unpaid and for the recurring payments on a going forward basis.
Taxes. We will collect applicable taxes from you on the Paid Goldn Membership which we determine we have a duty to collect under applicable law.
Returns/Exchanges. We do not offer full or partial refunds for a Paid Goldn Membership.
Membership Change. We reserve the right to cancel or modify the Paid Goldn Membership and its terms at any time, including, without limitation, to modify the monthly Paid Goldn Membership fee after your initial month. We will provide you with notice of any change in the monthly Paid Goldn Membership fee. If you do not agree with the change, you may cancel your Paid Goldn Membership at any time as set forth below.
Cancellation. Your Paid Goldn Membership will automatically renew on a monthly basis until you cancel.
· You can cancel your Paid Goldn Membership at anytime by emailing us at firstname.lastname@example.org.
· If you cancel after your billing date, your payment will be processed and termination will occur at the end of the next billing cycle. There is no cancellation fee.
Children. The Website or Services is not aimed or intended for children under the age of 13. If you are under the age of 13, please DO NOT USE the Website or Services. By using the Website or Services, you represent and certify that you are 18 years of age or older. If you are over the age of 13 but under the age of 18 and wish to access the Website or Services, you must obtain parental consent before using the Website or Services and your parents must agree to these Terms.
Accuracy of Information. While we strive for accuracy, information on the Website may sometimes contain errors or inaccuracies. Goldn does not make any warranty as to the correctness or reliability of the Goldn Content or any text messages we send out to Goldn Members.
Links. Our Website will occasionally contain links to, and quotation of, material from other websites. Goldn is responsible for neither the content nor the privacy practices of other websites. We encourage Goldn Members to be aware when they leave the Website, and to read the privacy statements of any website that may collect personally identifiable information.
Information Security. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. Goldn has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of Goldn Member information.
Ownership and Intellectual Property. The Website and Services, the Goldn Content and all other content available on the Website and Services, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, code and software, and any combinations or compilations thereof (the “ Additional Content”), is the property of Goldn or Our affiliates, partners or licensors, and is protected by applicable copyright and/or other intellectual property rights and laws of the United States and other countries.
If you believe that any Goldn Content or Additional Content or other material posted on the Website or Services infringes your copyright, please notify Our designated copyright agent in accordance with these Terms, and We will address your concerns in accordance with the provisions of the Digital Millennium Copyright Act.
To submit a notice of infringement to Our designated copyright agent, you must provide a signed, written notice that includes each of the following:
· Identification or a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works on that Website;
· 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, including its location, with sufficient detail so as to permit Us to locate the material;
· Information reasonably sufficient to permit Us to contact the complaining party, such as Your contact information, including name, address, telephone number, and email address;
· A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law;
· A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
· An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Goldn’s Designated Copyright Agent for notice of claims of copyright infringement can be reached at email@example.com. In addition, any trademarks, logos, and service marks owned by Goldn or Our affiliates and displayed on the Website or Services (collectively, the “Trademarks”) are the registered or unregistered marks of Goldn or Our affiliates, licensors or partners, and are protected by United States and international trademark laws. All other Trademarks not owned by Goldn or Our affiliates, partners or licensors that appear on the Website or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us. Except as expressly permitted in these Terms, or as required under applicable law, neither the Goldn Content, Additional Content, or Trademarks, nor any other portion of the Website or Services may be used, reproduced, downloaded or stored (except for caching or as necessary to view content), duplicated, copied, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without Our prior written consent. No act of downloading or otherwise copying from the Website or Services, even with Our permission, will transfer title to any Goldn Content, Additional Content or Trademarks to you. We hereby expressly reserve all rights not expressly granted in and to the Website and Services, the Goldn Content, Additional Content and Trademarks.
Use of the Website and Services. Subject to these Terms, We hereby grant you a limited, revocable, nontransferable, and non-exclusive right to access and use the Website, Services, the Goldn Content and the Additional Content, solely for your personal benefit and no other commercial purpose. We hereby grant you the right to make one copy of the pages displayed on the Website and Services, for your informational, non-commercial purposes only. You agree to use the Website, Services and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside while using the Website and Services. You may browse the Website and Services without creating an account or entering any personal information; however, in order to use certain features and services of the Website or Services, you will be required to answer a series of questions and enter some personal information, including your first name, last name, email address, phone number, and place of residence.
You are solely responsible for the information that you provide to Us and acknowledge and agree that the information that you provide is accurate and truthful. By entering your email address, you agree to receive email from us that may include any notice, disclosure, statement, or newsletter in connection with the Website or Services and related services. By entering your phone number, you are agreeing to receive our regular text messages. Those regular text messages may include, among other things, (i) regular outbound text messages by Pet Experts to you in response to, following up on, or checking in about dog raising questions that you send to Goldn via text message; (ii) regular self-care tips and reminders sent by Goldn to you via text message; (iii) regular training, health, wellness or fitness check-ins about your pet sent by Goldn to you via text message; (iv) regular information allowing you to participate in Goldn Challenges; (v) regular information about products or services recommended by Goldn. You may opt out of receiving Our newsletter or text messages by following the instructions in the email or texts that you receive from us. However, We may still send you email to provide notice, related to your use of the Website, Services, or in response to your inquiries. Similarly, by entering your phone number, you represent and agree that the phone number you provide to Us belongs to you and that We may send you informational text messages, SMS, related to the Website or Services. When accessing the Website or Services using your mobile device, you understand that your mobile network provider (“Mobile Provider”) may charge you fees for your use of its network while accessing or using the Website or Services, for data downloading, roaming, or correspondence to or from US and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. From time to time, we may offer promotions or contests, which may be require you to provide certain personal information and agree to separate terms and conditions or rules and regulations to participate.
Prohibited Uses of the Website or Services. While using the Website and Services, you agree that you will not:
· use the Website or Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
· make any use of the Website, Services, Goldn Content or Additional Content for any commercial use, including resale, recirculation or redistribution, or use or allow the use of the Website, Services, Goldn Content or Additional Content by or for the benefit of, any other person or entity, except with Our express prior written permission;
· promote illegal activities, sexual or “adult” conduct, child abuse, drugs or anything objectionable (as determined in our sole discretion);
· circumvent, disable, or otherwise interfere with security-related features of the Website or Services or features that prevent or restrict use or copying of any Goldn Content or Additional Content or enforce limitations on use of the Website or Services or the Goldn Content or Additional Content;
· modify, transmit, participate in the sale or transfer of, or create derivative works based upon any Goldn Content or Additional Content, unless expressly permitted elsewhere in these Terms;
· copy, modify, adapt, alter, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Website or Services is based;
· use any meta tags or any other “hidden text” utilizing Our name or the Trademarks without Our prior written consent;
· decrypt, transfer, or “frame” or “mirror” the Website or Services;
· use software robots, spiders, crawlers, or similar data gathering and extraction tools, whether automated or manual, to access, acquire, copy or monitor any portion of the Website, Services or any Goldn Content or Additional Content without Our prior written consent;
· knowingly or intentionally take any other action that may impose an unreasonable burden or load on Our Website or Services, its servers or infrastructure;
· delete, modify, hack, or attempt to change or alter the Website, Services or Goldn Content or Additional Content;
· use the Website, Services or Goldn Content or Additional Content to develop a competing website or service;
· knowingly or intentionally make false or misleading statements; or
· authorize or assist a third party to do any of the foregoing.
Any unauthorized use by you of the Website, Services or Goldn Content or Additional Content will terminate your limited rights to use the Website, Services and Content without prejudice to any other remedy that We may have under applicable law.
While using the Website or Services, you agree not to post, upload, transmit, or otherwise make available any content through the Website or Services that:
· is promotional in nature, including solicitations, junk mail, spam, chain letters, pyramid schemes or the like;
· is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including by sharing their private or personal information), hateful, or racially, ethnically or otherwise objectionable;
· falsely identifies you or your e-mail address, impersonates any other person or entity, or otherwise misleads Us or Goldn Members as to the origin of any Goldn Member comments;
· violates or infringes the copyright, trademark, or other intellectual property rights of any third party, or is provided or posted without the permission of the owner(s) of such rights;
· contains software viruses or other computer code, files or programs designed to interrupt, destroy, harm or limit the functionality of any computer software or hardware or telecommunications equipment; or
· is otherwise deemed by Us in Our sole discretion to be inappropriate for the Website or Services.
Goldn Member Comments. Goldn currently does not offer public comment functionality. However, if/when we implement this functionality, you must abide by the following rules and requirements:
· You must either register an account with Goldn or use a social media integrated login in order to comment publicly on the Website;
· Goldn's community rules apply to all comments. Goldn periodically moderates comments. We reserve the right to block commenters, remove or amend comments, and to remove Goldn Member accounts entirely at our discretion, and/or for reasons including, but not limited to, violation of our Terms;
· By posting comments to the Website, you hereby grant to Goldn a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the comments for any purpose to the extent permissible by applicable law;
User Content. “User Content” is defined as any content, information, messages, photos, and/or materials that Goldn Members post or submit to the Services, including, but not limited to, your profile information, reviews, messages posted on community forums or sent to other Goldn Members. You agree and warrant that you will not provide any User Content that: (a) is illegal, profane, obscene, threatening, or defamatory; (b) is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to others or objectionable; and (c) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You retain all intellectual property rights in, and are solely responsible for, the User Content you provide.
To the extent that you provide User Content, you grant Goldn a fully-transferable, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, sell, monetize, and otherwise use the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content and you have all rights necessary to provide the User Content to us and to grant the license described above. In addition, you will indemnify us for all claims resulting from the User Content you supply.
Please understand that Goldn has no control over the accuracy, reliability, completeness or timeliness of any User Content, and makes no representations about any User Content. We have the right, but not the obligation, to remove or modify User Content for any reason, including User Content that we believe violates these Terms
Disclaimer of Warranties. GOLDN USES REASONABLE EFFORTS TO MAINTAIN THE WEBSITE AND SERVICES BUT IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE WEBSITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, SERVICES, THE GOLDN CONTENT, THE ADDITIONAL CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE AND SERVICES INCLUDING USER COMMENTS, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE UNAVAILABILITY OF, THE WEBSITE AND SERVICES, THE GOLDN CONTENT, THE ADDITIONAL CONTENT OR OTHER SUCH INFORMATION. ANY GOLDN CONTENT, ADDITIONAL CONTENT OR INFORMATION ON THE WEBSITE AND SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. GOLDN DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR RENDER VETERINARY MEDICAL ADVICE OR SERVICES. THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT IN ANY MANNER. NO ASPECT OF THE WEBSITE, SERVICES OR RELATED SERVICES IS INTENDED TO PROVIDE OR SHOULD BE CONSTRUED AS PROVIDING ANY DIETARY OR NUTRITIONAL ADVICE. PLEASE SEEK THE ADVICE OF A VETERINARIAN OR OTHER QUALIFIED PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING YOUR PET.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE, AND SERVICES AND ALL CONTENT THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE WEBSITE, SERVICES, THE GOLDN CONTENT, THE ADDITIONAL CONTENT OR TRADEMARKS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE OR SERVICES MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION, (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF GOLDN PARTIES OR WHICH ARE NOT FORESEEABLE BY US.
Limitation of Liability. YOU AGREE THAT GOLDN, AND OUR AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS AND EMPLOYEES (THE “GOLDN PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR OR IN RELATION TO ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE OR SERVICES; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, LOSS, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT THE PRESENCE OF OR HYPERLINKING TO OR FROM GOLDN LINKS ON THE WEBSITE OR SERVICES TO THIRD PARTY SITES; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING DURING HYPERLINKING TO OR FROM THIRD PARTY SITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES; OR (g) EVENTS BEYOND GOLDN’S REASONABLE CONTROL. FURTHER GOLDN PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE, SERVICES OR THE CONTENT OR TRADEMARKS (OR YOUR USE THEREOF) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GOLDN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GOLDN PARTIES’ TOTAL LIABILITY TO YOU HEREUNDER OR OTHERWISE RELATED TO THE WEBSITE, SERVICES OR THE CONTENT OR TRADEMARKS (OR YOUR USE THEREOF) FOR ANY AND ALL DAMAGES, LOSSES, LIABILITIES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED $50.00 USD. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF GOLDN PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLDN PARITES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT OR INFORMATION; OR (C) YOUR INTERACTIONS WITH THE PET EXPERTS, GOLDN MEMBERS, OR THIRD-PARTY SERVICE OR PRODUCT PROVIDERS, WHETHER ONLINE OR OFFLINE. THE ABOVE LIMITATIONS APPLY EVEN IF THE GOLDN PARTIES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification; Release. You agree, at your own expense, to defend, indemnify and hold the Goldn Parties harmless from and against any losses, liabilities, damages or costs incurred by the Goldn Parties, including reasonable attorneys’ fees, resulting from any third-party claim, action, threat or demand arising out of or relating to (a) your use of the Website or Services, Goldn Content, Additional Content or Trademarks, including any Goldn Member comments; (b) your violation of these Terms or any law or the rights of any third party, including intellectual property rights; (c) any comment that you input, post, upload, distribute, e-mail, transmit or otherwise make available through the Website or Services; or (d) your negligence or willful misconduct. You may not in any event settle any such third party claim, action or demand without Our written consent. Goldn reserves the right to, in its sole discretion and at its own expense, participate in or assume the exclusive defense and control of any such third-party claim, action, threat, or demand otherwise subject to indemnification by you. You agree to release Goldn, its members, officers, directors, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of the Website, Services or related services. If, at any time, you are not satisfied with the Website, Services or any related services, your sole remedy is cessation of use of the Website, Services and such services.
THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.
Arbitration. Any dispute, claim, controversy, action, or proceeding arising out of or relating to this Agreement or the services (a “Dispute”) will be determined by arbitration in the New York, New York before a single arbitrator. The American Arbitration Association (“AAA”) will administer the arbitration in accordance with the AAA rules. The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration. You and Goldn will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed. Except as otherwise required by law, neither you, Goldn, nor the arbitrator may disclose the existence, contents, or results of any arbitration under this Agreement without the prior written consent of you and Goldn. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based. This Section will not preclude You or Goldn from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
No Class Action. YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS, YOU AND GOLDN ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.
Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Time to File. Any cause of action or claim you may have arising out of or relating to the TermS, the Website or SERVICES must be commenced within one (1) year after the caUse of action accrues. Otherwise, such cause of action or claim is permanently barred.
Injunctive Relief. Notwithstanding anything herein to the contrary, Goldn reserves the right to seek injunctive relief if you use the Website or Services in violation of the rights granted herein or infringe upon or misappropriate any intellectual property rights of Goldn.
Hours of Operation. From time to time, Goldn may make reasonable changes to the days and hours that our Member Services are available to Members. You also understand that Goldn may be busier at some times than others and the response time may be longer than usual in certain circumstances.
Termination. We have the right to restrict, suspend or terminate your access to the Website or Services, in Our sole discretion, if you fail to comply with any provision of these Terms or for any other reason by giving you written or oral notice of such suspension or termination. We may also discontinue or change the Website, Services or any service therein, or its availability to you, at any time and for any reason, and without prior notice or liability. Members may cancel their memberships by contacting Goldn’s customer service team. Upon suspension, termination or cancellation, you will not receive a refund on any amounts already paid under any type of membership, and you will remain liable for any other unpaid fees or charges.