Age of Users

Terms of Use 

 

Welcome to the Gold Philosophy Site (the "Site"). These terms of use govern your use of the Site, its content and all the services provided through the Site. The terms "Gold Philosophy", "We", "Us" and "Our" refer to Gold Philosophy, LLC. The terms "User", "You", "Your" refer to a customer using the Site and / or services.

 

BY USING THE SITE AND ITS SERVICES, YOU AGREE TO THESE TERMS OF USE, THE GOLD PHILOSOPHY PRIVACY STATEMENT AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE AND ITS SERVICES.

Registration
 
  • Optional registration. You must register on this Site in order to use certain of the Site functions, such as preview of previous purchases and use of discount offers. If you just want to browse this Site or buying the products registration is optional.

 

  • Login information. During registration, You will be required to provide contact information, consisting of an email address, username and password. You can select any username as You like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name.

 

  • Accuracy of information. For certain of our functions, such as the purchase of products and services, You are required to provide your name, address and billing and credit card information. You agree that any information You give to us, at any time, will always be accurate, correct and up to date.

 
 
Your Passwords and Account Security
 
  • In General. You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with your account and for security and protection of device that You use to access the Site.

 

  • Duty to notify. If You become aware of any unauthorized use of your password or of your account, or if You lose your device that has automated access to your account, You agree to notify Gold Philosophy immediately at info@goldphilosophy.com

 
Age of Users
 
  • Restriction for children under 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If We become aware that a child under 13 has provided or attempted to provide us with personal information, We will use our best efforts to remove the information permanently from our files.

 

 

  • Parents and legal guardians. If You are under the age of 18 but at least 13 years of age, You may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If You are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

 
Privacy Statement
 
  • Your consent to the privacy statement. Your use of this Site signifies your continuing consent to the Gold Philosophy Privacy Statement, which you can examine any time by clicking on the "Privacy" link on the Site.

 

  • Your personal information. Personal information that you supply to Gold Philosophy, and any information about your use of the Site that we obtain will be subject to the Gold Philosophy Privacy Statement on this Site.

 
Shipment and Refund Policy
 
  • Your consent to the shipment and refund policy. Your use of this Site signifies your continuing consent to the Gold Philosophy Shipment and Refund Policy, which you can examine any time by clicking on the "Shipment and Refund" link on the Site.

 
Electronic Delivery Statement and Your Consent
 
  • Your consent to the electronic notifications. You agree that We may provide to You notices and other information concerning Gold Philosophy or this Site electronically, including notice to any email address that you may provide.

 
Advertisements
 
  • In General. Some of the Site services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content or information stored on the Site or inquiries made through the Site. These advertisements may be specifically tailored according to inquiries and information provided by you.

 

  • Consideration. In consideration for granting You access to the Site and its services, you agree that We may place such advertising on the Site that will be available to You.

 

  • Extent of Services. The manner, mode and extent of advertising by Gold Philosophy on the Site are subject to change without specific notice to You.

 

  • Other resources. The Site may include hyperlinks to third parties- web sites, applications, content, information or other resources. We may have no control over these web sites, applications, content, information or other resources of third parties.

 

  • Third Parties. You understand that these Terms of Use as well as Privacy statement of Gold Philosophy apply to your relationship with Gold Philosophy only and do not describe the terms of use, privacy policies or other policies of third parties with regard to (but without limitation) to collection, use and disclosure of personally identifiable information. If You decide to click on a banner advertisement or a link to a third party's Web Site, Application or otherwise establish connection with third party's services or information, You should review the privacy policy of the third party's web site, application or services as well as other terms and conditions. Any link or advertisement to the third party's web site, application or service within the Site does not imply an endorsement of the terms of use or privacy practices of any third party by Gold Philosophy. Third parties are not authorized to make any representation or warranty on our behalf. You agree that Gold Philosophy has no liability, obligation, or duty whatsoever for any third party's terms of use or privacy practices or any third party's web site, application, services or information and your use or misuse of them. If You wish to suspend e-mail or mail communications from third parties, you must contact them directly.

 

  • GOLD PHILOSOPHY IS NOT RESPONSIBLE FOR THE TERMS OF USE, PRIVACY PRACTICES, ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OF THE INFORMATION, PRODUCTS, SERVICES, APPLICATIONS OR ANY TRANSMISSIONS RECEIVED BY OR THROUGH THIRD PARTIES.

 
Protection of Intellectual Property
 
  • Definition. Intellectual property of Gold Philosophy means all inventions, discoveries, patents, trademarks, domain names, design rights, copyrights, database rights, know-how, trade or business names, and other similar rights (in each case whether or not registered or registrable and including all applications for any registrable rights) throughout the world, for the full duration of such rights.

 

  • All rights reserved. Gold Philosophy and its suppliers reserve all rights under intellectual property law in Gold Philosophy and in any content that is on the Site.

 

  • Trademarks and other distinctive brand features. Our various logos used or displayed through the Site are trademarks of Gold Philosophy or our partners, and You may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Site, provided You do not attempt to claim ownership of the marks.

 

  • Proprietary Rights Notices. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.

 

  • General Restrictions. Except as otherwise set forth in these Terms of Use, You agree not to sell, rent, lease, license, sublicense, lend, upload to or host on any website or server or redistribute the Site content or any Services, in whole or in part, or to enable others to do so. You may not use the Site or any Services provided hereunder for any purpose not expressly permitted throughout the Site. You may not and You agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create a derivative works of the Site, or any Services provided by the Site or otherwise provided hereunder, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). You agree not to exploit any Services provided by the Site in any unauthorized way whatsoever, including but not limited to, by trespassing, hacking, seeking access to any unauthorized information in connection with the Site or linking any services provided by the Site to other technology, functionality, service or entity. Any attempt to do so is the violation of the rights of Gold Philosophy.

 

  • Restriction on access. You agree not to access (or attempt to access) any of the Site services by any means other than through the Site (or other interface) provided by Gold Philosophy, unless you have been specifically allowed to do so in separate agreement with Gold Philosophy, or You have independent access to such services from third parties. You specifically agree not to access (or attempt to access) any of the Site services through any automated means (including but not limited to use of scripts or web crawlers) and shall ensure that You comply with the instructions set out in the manual or other instruction material provided to You through the Site.

 

  • Prohibition against interference with Application security. You will not and agree not to, through use of the Site, Services or otherwise, create any application or other program that would disable, hack or otherwise interfere with the security, digital signing, authorized access of someone other than You, verification or authentication mechanisms implemented in the Site or by Gold Philosophy or enable others to do so.

 

  • Prohibition against interference with database security. You will not and agree not to breach or attempt to breach database security of the Site by entering, collecting, analyzing or otherwise interfering with database security. You must immediately cease any unauthorized access to data that become available to You by your activity or activity of others or malfunction of the Site and to the extent that You become aware of any data vulnerability or malfunction, You agree to use reasonable efforts to promptly provide notice of any such problem to Gold Philosophy by email at info@goldphilosophy.com.

 

  • Prohibition against other interference. You will not and agree not to perform any functions or link any content or use any robot, spider, site search or other retrieval application or device to scrap, retrieve or index services provided by Gold Philosophy, or to collect, disseminate or use information about users for any unauthorized purpose.

 

  • IF YOU BREACH ANY OF THE RESTRICTIONS YOU MAY BE SUBJECT TO PROSECUTION AND / OR DAMAGES.

 
Limited Warranties and Limitation of Liability
 
  • THE SITE INCLUDING ALL PRODUCTS, SERVICES, INFORMATION, CONTENT AND MATERIALS INCLUDED ON OR OTHERWISE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GOLD PHILOSOPHY "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, UNLESS OTHERWISE SPECIFIED IN WRITING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE INCLUDING ALL PODUCTS, SERVICES, INFORMATION, CONTENT AND MATERIALS INCLUDED ON OR OTHERWISE AVAILABLE TO YOU THROUGH THIS SITE IS WITH YOU. IF FOR ANY REASON THESE LIMITATIONS WILL NOT BE LAWFUL IN APPLICABLE JURISDICTION, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

  • GOLD PHILOSOPHY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL MEET USER'S REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR TIMELY.

 

  • GOLD PHILOSOPHY DOES NOT WARRANT THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE AND/OR THE SERVICES WILL BE ACCURATE OR RELIABLE OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APPLICATION WILL BE CORRECTED.

 

  • WE RESERVE THE RIGHT TO CEASE PROVIDING OF THE SITE AND SERVICES INCLUDING BUT NOT LIMITED TO ANY FUNCIONALITY, FEATURE, UPDATE, AND UPGRADE. WE MAY TERMINATE THE SITE INCLUDING BUT NOT LIMITED TO ANY FUNCTIONALITY, FEATURE, UPDATE, AND UPGRADE AT ANY TIME WITHOUT PREVIOUS NOTICE REGARDLESS IF YOU ARE ACTUALLY USING OR ABOUT TO USE THE SITE AND/OR SERVICES.

 

  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOLD PHILOSOPHY OR THROUGH OR FROM THE APPLICATION AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF THIS AGREEMENT.

 

  • IN ANY EVENT YOU SHOULD NOT RELY ON THE SITE OR, INCLUDING BUT NOT LIMITED TO, ANY FUNCTIONALITY, FEATURE, UPDATE, OR UPGRADE IN CONNECTION WITH YOUR BUSINESS OR ACTIVITY. BE AWARE THAT SITE MAY STOP WORKING OR BE INACCURATE AT ANY TIME PRIOR, DURING OR AFTER YOUR USAGE.

 

  • UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL GOLD PHILOSOPHY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF DATA, COST OF COVER OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE AND PRODUCTS PURCHASED THROUGH THE SITE EVEN IF GOLD PHILOSOPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. GOLD PHILOSOPHY WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY, INACCURACY OR FURNISHING THE SITE AND PRODUCTS PURCHASED THROUGH THE SITE. IN ADDITION, GOLD PHILOSOPHY SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FAIR MARKET VALUE OF THE PRODUCT IN CONNECTION WHIT WHICH YOU CLAIM THE DAMAGE OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

 

  • Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, GOLD PHILOSOPHY LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED

       BY LAW.

 
Indemnity
 
  • YOU AGREE TO INDEMNIFY GOLD PHILOSOPHY FOR CERTAIN OF YOUR ACTS AND OMISSIONS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GOLD PHILOSOPHY, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF THE SITE INCLUDING ALL PRODUCTS, SERVICES, INFORMATION, CONTENT AND MATERIALS INCLUDED ON OR OTHERWISE AVAILABLE TO YOU THROUGH THIS SITE. GOLD PHILOSOPHY WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.

 
General Provisions
 
  • Severability Clause. If any provision of these Terms of Use shall be held by a court or other adjudicative body with jurisdiction thereof to be illegal, against public policy, or otherwise unenforceable, such holding shall not affect the enforceability of any other provisions hereof. You and We also agree that such offending provision shall be deleted from these Terms of Use as of the effective date hereof and as of specific party and/or jurisdiction, as if it had never existed.

 

  • Change of Terms. Gold Philosophy may, at any time and from time to time, in its sole discretion, change these Terms of Use. Any changes to these Terms of Use will be effective immediately upon publishing of the current version. You have the right to reject these Terms of Use at your sole discretion and stop using the Site and purchasing products. However, upon conspicuous notice to You, including but not limited to, publishing of current version or email notice about change and your continuation of using the Site You agree to be bound according to new Terms of Use.

 

  • Assignment and Waiver. You may not assign, transfer or delegate These terms of Use or the Privacy statement or any part of them without Gold Philosophy prior written consent. Gold Philosophy may freely transfer, assign or delegate any or all parts of our rights or duties resulting from Terms of Use or the Privacy statement governing our mutual legal relationship, and any rights and duties hereunder or thereunder. These Terms of Use as well as the Privacy statement will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use or the Privacy statement, shall not be considered a waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

 

  • Governing Law, Jurisdiction and Venue. Terms of these Terms of Use and the Privacy statement shall be governed by and construed in accordance with the laws of the State of New York, as amended from time to time, without regard to principles of conflicts of law. Any civil action or legal proceeding arising out of your use of the Site (including but not limited to purchasing of products) or relating pursuant to this Terms of use or the Privacy statement shall be brought in the applicable Federal or State courts located in County of New York, New York. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Any cause of action or claim you may have with respect to Gold Philosophy must be commenced within one (1) year after it arises, except to the extent that such limitation is not enforceable.

 

  • WAIVER OF JURY TRIAL. YOU AND WE HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OF USE OR THE PRIVACY STATEMENT OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COMPULSORY COUNTERCLAIM (I.E., A CLAIM BY A PARTY HERETO AGAINST ANOTHER PARTY WHICH, IF NOT BROUGHT IN SUCH ACTION, WOULD RESULT IN THE FIRST PARTY BEING FOREVER BARRED FROM BRINGING SUCH CLAIM), A PARTY HERETO SHALL HAVE THE RIGHT TO RAISE SUCH COMPULSORY COUNTERCLAIM IN ANY SUCH LITIGATION, SUIT OR PROCEEDING, WHETHER OR NOT IT IS BEING TRIED

      BY A JURY.

© 2014 Gold Philosophy

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