ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT BELOW. YOU AND GOLD HOUSE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, INCLUDING WAIVER OF ANY RIGHT TO A TRIAL BY JURY, AND THAT YOU AND GOLD HOUSE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST GOLD HOUSE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
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.
5. Intellectual Property; Licenses
6. Website Functionality
- Payments made for purpose of donations to Gold House
- 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
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:
- Act with integrity and authenticity and treat others with respect and kindness.
- Do your part to keep Gold House and its Website a safe, productive, and inclusive community.
- Do not spam others or engage in any hate speech, bullying, harassment, or misinformation that could result in any violence, physical or other harm.
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.
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, firstname.lastname@example.org.
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.
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
15. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate
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
- 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 email@example.com (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 firstname.lastname@example.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, email@example.com]. (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 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.
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
- Future Changes to Arbitration Agreement
17. Entire Agreement
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.
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.