1. Acceptance

This Website and our Services may contain various information relating to Gold House and Gold House Ventures (“Gold House” or “We”) in the form of text, graphics, data, and other materials (“Content”). You acknowledge and agree that you have read, understood and agree to be legally bound, where permitted by law, by these Terms of Use, including our Privacy Policy, incorporated into these Terms of Use by reference, by accessing, browsing or otherwise using or interacting with our Services. If you do not agree with these Terms of Use, you should not access, browse or otherwise use this Website or any of the Services. You also agree to comply with all applicable local laws, regulations, rules regarding online conduct and exportable Content including those of the United States and the country in which you reside. If you are using the Services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms of Use even if we have separate agreements with you.

2. Eligibility to use our services

• In order to use our Services, you must be at least 18 years of age (or the age of majority in the country where you are located).
• You may only use this Website or Services for your personal, non-commercial use.
• You may not use the Website or Services if we have banned you from the Website.

3. Modification

Gold House reserves the right to make changes to these Terms of Use at any time at its sole discretion by posting an updated version on the Website. You are responsible for periodically reviewing these Terms of Use for updates and amendments.. Your continued use of our Services constitutes acceptance of these Terms of Use, and is subject to the most current version of these Terms of Use, which will be effective immediately upon posting.  No amendments or modifications to these Terms of Use proposed by you will be binding on Gold House unless you have obtained the prior written consent of Gold House.

4. Ownership

The Services, including all Content appearing on this Website, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Services are owned by us or our licensors (who may be third-party beneficiaries of these Terms of Use) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.

5. Intellectual Property; Licenses

You retain ownership of any of your intellectual property rights in content that you share on the Services. By submitting any content to Gold House, including application materials, you grant Gold House a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such content, in whole or in part, in all media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever. You represent and warrant that your content conforms to these Terms of Use and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your content in all manners contemplated by these Terms of Use; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your content resulting from your breach of these Terms of Use. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

6. Website Functionality

• Payments made for purpose of donations to Gold House
  Gold House is a 501(c)(3) organization registered in Walnut, CA with the EIN number 83-3636419. Gold House receives donations on the Website as well as offline. Fees associated with such donations may change without notice. By making a donation you acknowledge that you are at least eighteen years of age, legally competent, and agree to all other provisions of these Terms of Use. You also agree that all details you provide to us for the purposes of making such a donation will be correct, including ownership and validity of any payment method such as a credit or debit card. Gold House may validate your payment details before processing your donation.
• Payments made for purpose of purchase of a good or Service
  In the course of making a purchase of merchandise, other goods or Services on the Website, a third-party payment provider may receive and implement your credit card information from your credit card issuer. Our obligation to provide the Services arises when we take receipt of your purchase of Services from the third-party payment provider. You agree that you will not hold Gold House responsible for any banking charges incurred due to payments made on your account. You further agree that all purchases are non-refundable, and we may change the fees or charges (and add new ones) in relation to any of the Services at any time at our discretion.
• No chat board
  Gold House does not maintain a “chat board” or any other discussion forum on its Website or as part of its Services. You may choose to interact with other Gold House users on third-party social media services, which will be subject to these Terms of Use. You may also be subject to terms of use, community guidelines, or other applicable agreements of the social media service you choose to use.

7. Use Restrictions

• You acknowledge that the Services may include content that is protected by copyright, trademarks, patents or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
• You also acknowledge that the Content is and shall remain the property of Gold House and its licensors, and you shall at no time assert any claims ownership over any Content by reason of your use of or any right to use the Services.
• You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
• You agree to not (i) post or send to Gold House any defamatory, pornographic, threatening, obscene, or otherwise unlawful materials that could constitute a criminal or civil offense, or encourage the commission of such an offense, (ii) copy the Website or Services without permission, (iii) knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website or Services, (iv) interfere with any person or entity’s use or enjoyment of the Website or Services or (iv) use our Services in a way that violates any applicable laws.
• As a leading changemaker and nonprofit collective advancing socioeconomic equity for the Asian and Pacific Islander community, we want Gold House to be a safe, genuine, and inspiring place. As such, by using our Services, you also agree to the following Community Guidelines:
  1. Act with integrity and authenticity and treat others with respect and kindness.
  2. Do your part to keep Gold House and its Website a safe, productive, and inclusive community.
  3. Treat our Content with care and adhere to these Terms of Use.
  4. Do not engage with our Services in violation of these Terms of Use or any applicable laws or regulations.
  5. Do not spam others or engage in any hate speech, bullying, harassment, or misinformation that could result in any violence, physical or other harm.

8. Trademarks

The following is a non-exhaustive list of Gold House’s trademarks. The absence of a product or service name or logo from the list below does not constitute a waiver of Gold House’s trademark, service mark or other intellectual property rights concerning that name or logo.

GOLD HOUSE^Ⓡ #GOLDOPEN^Ⓡ A100^Ⓡ A100 CREST^Ⓡ GOLD HOUSE CREST^Ⓡ #GOLDOPEN CREST^Ⓡ GOLD RUSH^Ⓡ GOLD RUSH CREST^Ⓡ GOLD HOUSE VENTURES^Ⓡ GOLD PASS™ UNITY MARCH [DESIGN]™

The trademarks, logos and service marks displayed on the Website (including but not limited to those listed above) are our property or the property of third parties (employers or associated organizations). You are not permitted to use these trademarks, logos or service marks without our prior written consent or the consent of the third party that owns these trademarks, logos or service marks. By making these marks available on this Website, Gold House does not confer upon you any of Gold House or any third party’s intellectual property rights.

9. Indemnification

You agree to defend, indemnify and hold Gold House and any of our affiliates and subsidiaries, as well as their respective officers, directors, board members, board advisors, employees, partners, agents, successors and assigns harmless from any loss, liability, claim or demand, including attorney’s fees, based any and all claims arising from your use of the Website and Services. This will also extend to any claims made by a third party or Gold House due to or arising from your breach of any provision of these Terms of Use.

10. Links to Third-Party Websites

Gold House makes no representations or warranties about any website that you may access through the Services, and does not monitor or have control over such websites. Gold House is not responsible for or liable for any content on any such websites or resources that it does not own or control and your use of all such links to third-party websites is at your own risk. To the extent Gold House provides links to or references any third parties or third-party websites, it is only as convenience and does not endorse, adopt, sponsor or affiliate with such a third party or its services.

11. DMCA Notice

Gold House will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for Gold House in accordance with the DMCA: Gold House, Attention: DMCA Designated Agent, 440 N Barranca Ave #5118, Covina, CA 91723, contact@goldhouse.org.

12. Submissions

In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL GOLD HOUSE, OUR LICENSORS, OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE OR SERVICES.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE OR SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

IN NO EVENT SHALL GOLD HOUSE, OUR LICENSORS, OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, SERVICES, OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS  DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS GOLD HOUSE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT IS TO STOP USING THE SERVICES.

GOLD HOUSE PROVIDES ALL INFORMATION ON THIS WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO TEXT, IMAGES, LINKS, ON AN “AS IS” BASIS TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (VII) THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (VIII) THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR (IX) THAT THE WEBSITE OR SERVICES IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.

IF YOU ARE A USER BASED IN NEW JERSEY, THE FOREGOING SECTION 13 IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTION OF THE APPLICABLE SECTION.

14. Governing Law

You and Gold House agree that, with the exception of the Arbitration Agreement as provided below, these Terms of Use and any and all claims, disputes or other legal proceedings between You and Gold House shall be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. This shall include but not be limited to any claims or disputes that arise or are related to these Terms of Use or your access to or use of goldhouse.org.

15. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.”

• Agreement to Arbitrate
  You and Gold House agree that any and all disputes or claims that have arisen or may arise between you and Gold House, whether arising out of, connected to, or otherwise related in any way to these Terms of Use (including any breach thereof), the Website, or the Services, or any aspect of the relationship or transactions between us, must be resolved through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This Section, the Arbitration Agreement, is intended to be interpreted broadly and shall govern any and all such disputes.
  You and Gold House agree that the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.
• Waiver of Right to Trial by Jury
  You agree that, by entering into these Terms of Use, you and Gold House are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
• Waiver of Class-Action, Class- and Mass-Arbitration
  You and Gold House agree that the arbitration shall be conducted in their individual capacities only, not as a plaintiff or class member in any purported class or representative or mass action or proceeding. You and Gold House agree to expressly waive the right to file a class action, class-, or mass-arbitration, or otherwise seek relief on a class or mass basis. Unless both you and Gold House agree otherwise, the arbitrator may not consolidate or join more than one individual’s or party’s claims and may not otherwise preside over any form of consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. If an arbitrator or court decides that an arbitration can proceed on a class or mass basis, then the Arbitration Agreement will be null and void. You and Gold House shall then have been deemed to not have agreed to arbitrate disputes.
• Opt-out of Mandatory Arbitration:
  You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Gold House at arbitration-opt-out@goldhouse.org (the “Arbitration Opt-Out Address”) with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
• Pre-Arbitration Dispute Resolution
  Gold House is always interested in resolving any disputes amicably and efficiently, and many user concerns can be resolved quickly and to the user’s satisfaction by contacting us at arbitration-opt-out@goldhouse.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Gold House should be sent to [Gold House, Attention: Legal, 440 N Barranca Ave #5118, Covina, CA 91723, arbitration-opt-out@goldhouse.org]. (Hereinafter, the ”Notice Address.”) The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Gold House and you do not resolve the dispute within sixty (60) calendar days after the Notice is received, you or Gold House may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Gold House or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Gold House is entitled.
• Arbitration Procedures
  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the interpretation, scope, enforceability, formation, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Unless Gold House and you agree otherwise, any hearings will take place in Los Angeles, California with due consideration for both parties’ ability to travel and other pertinent circumstances. If Gold House and you are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
• Arbitration Procedures
  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
• Confidentiality
  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
• Severability of Terms or Provisions of Arbitration Agreement
  If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Waiver of Class-Action, Class- and Mass-Arbitration” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Waiver of Class-Action, Class- and Mass-Arbitration” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.
• Future Changes to Arbitration Agreement
  Notwithstanding any provision in these Terms of Use to the contrary, Gold House agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Arbitration Opt-Out Address or Notice Address) while you are a user of the Website, you may reject any such change by sending Gold House written notice within thirty (30) calendar days of the change to the Arbitration Opt-Out Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

16. Severability of Terms of Use

If any of the provisions in these Terms of Use are determined to be not enforceable or valid in a final valid and enforceable decision, then such provisions will be deemed severed and will not affect the validity and enforceability of the other parts of these Terms of Use, which other parts shall still apply.

17. Entire Agreement

These Terms of Use constitute the entire agreement between you and Gold House for the Services and your use of the Website and Content and supersede all existing agreements and all other oral, written or other communication as well as any prior proposals, negotiations, agreements, and understandings between you and Gold House concerning its subject matter relating to the use of the Services, Website or Content.

18. Exclusive Jurisdiction and Place of Venue

With respect to any disputes or claims not subject to arbitration, as set forth above, you and Gold House agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California, provided that Gold House may seek equitable relief in any court of competent jurisdiction.

19. Non-Waiver of Rights and Provisions of these Terms of Use

The failure of Gold House to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

20. Termination

Gold House reserves the right to terminate this Agreement or your use of or access to the Services at any time, in its sole discretion.

21. Privacy

For more information about our data handling practices, please see our Privacy Policy here: https://goldhouse.org/privacy-policy

22. Contact

You may contact Gold House through email at contact@goldhouse.org with any questions regarding this Agreement.