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You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply.
FEES/TERMINATION
Goldbar.net reserves the right to change fees at any time, for any reason at its sole discretion. Furthermore, Goldbar.net reserves the right to terminate your account at any time, for any violation of this Agreement or the Acceptable Use Agreement, at its sole discretion. Should Goldbar.net terminate your account due to your violation of any part of either of these Agreements, Goldbar.net shall not refund any unused fee paid by you.
PAYMENT TERMS
Goldbar.net's billing service is automatic. You agree to pay Goldbar.net appropriate payment for the services received from Goldbar.net, in advance of the time period during which such services are provided. You agree to provide Goldbar.net with current billing and contact information and authorize Goldbar.net to bill all account and related charges to the credit card on file or to your PayPal account. You further agree that until and unless you cancel your membership, those services will be billed on a recurring basis. To cancel your account you must fill out the cancellation form available within the GoldbarOne™ membership area at least two (2) days prior to your rebilling date. If Goldbar.net does not receive a notice of cancellation prior to the rebilling date, Goldbar.net shall assume you are renewing your membership and you will automatically be charged for the next month's payment. You agree that prepayments will be billed and charged automatically, that Goldbar.net may apply the amount due to the provided card or PayPal account at any time, and will issue no refunds. If you pay via PayPal, you are solely responsible for cancelling your PayPal subscription upon cancelling the Goldbar.net services.
If you use a credit card, you agree to not charge back your card for any reason, and if you charge back your credit card you agree to pay all associated chargeback and service fees and penalties - plus a five hundred ($500) dollar service fee. If these fees are not paid within thirty (30) days, the charges will be turned over to a collection agency. Furthermore, Goldbar.net may file civil charges against any party who charges back a credit card payment for any reason.
An acceptance by Goldbar.net of any partial payment is not a waiver by Goldbar.net of the remainder of the amount (including interest, if any) due. Goldbar.net shall not refund any money, for any reason.
MEMBER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use Goldbar.net for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use Goldbar.net to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Goldbar.net reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Goldbar.net of any unauthorized use of your account.
LINKS
The links on the Goldbar.net Website may let you leave the Goldbar.net Website. You acknowledge that the linked sites are not under the control of Goldbar.net and Goldbar.net is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. Goldbar.net is not responsible for web casting or any other form of transmission received from any linked site. Goldbar.net is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Goldbar.net of the linked site or any association with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Goldbar.net Website you warrant to Goldbar.net that you will not use the Goldbar.net Website for any unlawful purpose.
RIGHTS GRANTED TO GOLDBAR.NET
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Goldbar.net Website, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant the licenses set forth below. You hereby grant Goldbar.net and its affiliated companies permission to:
- Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.
- Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
- Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to Goldbar.net's or its sub-licensee's use of the materials contained within such communication. Goldbar.net is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Goldbar.net's sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOLDBAR.NET EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GOLDBAR.NET, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GOLDBAR.NET, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GOLDBAR.NET SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE GOLDBAR.NET SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT GOLDBAR.NET IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM GOLDBAR.NET AND ITS AFFILIATES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) FIVE HUNDRED DOLLARS ($500).
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the Goldbar.net Website are proprietary to Goldbar.net, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. Goldbar.net reserves any rights not expressly granted herein.
PROMOTIONAL MESSAGES
Goldbar.net and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. Such email will be sent to mailbox(es) as submitted by User upon sign up. Goldbar.net does not make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and User agrees that Goldbar.net shall not have any liability with respect thereto.
GOVERNING LAW
New York law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the County of Westchester, State of New York or to any Federal Court located within the County of Westchester, State of New York.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Westchester County, New York, as the parties to this agreement agree to be governed by the laws of New York. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Westchester County, New York necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the county of Westchester, state of New York with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Goldbar.net against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with Goldbar.net.
HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
ASSIGNMENT
In the event of a merger or consolidation of Goldbar.net, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
MODIFICATION OF TERMS
Goldbar.net reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Goldbar.net Website. You are responsible for regularly reviewing these documents. Continued use of the Goldbar.net Website after any such changes shall constitute your consent to such changes. Goldbar.net does not and will not assume any obligation to notify you of any changes to the Terms |
