Legal Terms and Conditions
This page identifies the terms and conditions ("Terms and Conditions") under which a Web Site visitor ("You") may use http://www.goldpartying.com ("The Site"), which is owned by GoldPartying.com, LLC ("The Company").
READ THIS PAGE CAREFULLY. By using The Site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use The Site. These Terms and Conditions supersede any other agreement you may have with The Company regarding this subject matter. The Company may, in its sole discretion, revise these Terms and Conditions at any time. The Company encourages you to return to The Site to review the Terms and Conditions which may be updated without notice. All changes and alterations of the Terms and Conditions should be considered in place of any previous Terms and Conditions, and will be considered active and effective upon revision posting to The Site.
The Site Content: The contents of The Site, including textual copy, graphic design, layout, graphic images and other content ("The Site Content") are protected by United States and Foreign Law copyright. The Terms and Conditions do not grant any license to The Site Material. The Company authorizes You to view and download a single copy of The Site Content for non-commercial, personal use. Unauthorized use of The Site Content violates copyright, trademark, and other laws. You agree to retain all copyright notices, and any other proprietary rights notices, contained in original material in The Site Content, and on any copy of such material. Except as expressly supported, You may not copy, sell or modify The Site Content, or reproduce, display, distribute, or otherwise use The Site Content in any way for any public or commercial purpose. Use of The Site Content on another Web Site, or in an electronic networked environment is prohibited. The Company retains all intellectual property rights in The Site Content.
Trademarks: Names, marks and logos that appear on The Site are (unless otherwise noted) trademarks owned by or licensed to The Company. Any use of these marks (except as provided in the Terms and Conditions, is prohibited. On discretionary occasion, The Company, may make fair use in The Site of trademarks owned and used by third parties. The Company makes no claim to ownership of such marks.
For a current list of Marks owned by The Company, and additional information on the authorized use of the Marks, please contact The Company.
You are responsible for any communications initiated during use of The Site. It is important that you not do, or perform any of the following activities:
The Company reserves the right to deny You access to The Site for violating the Terms and Conditions, or other law. Any violation of the Terms and Conditions will result in the immediate revocation of access privileges to The Site or The Site Content, and obligates You to immediately destroy any of The Site Content in your possession.
Limitation of Liability: The Company does not warrant that The Site will operate without error, or that The Site and the computer and network that serve it are devoid of computer glitches, bugs, viruses, malware, or other content that may be potentially harmful to electronic devices. The Company is not liable for any cost or expenses, including without limitation, the need for servicing or replacing equipment or data.
The Site and The Site Content are provided to You on an "As Is" basis. Access to The Site and The Site Content are "At Your Own Risk" without warranty of any type. The Company denies all warranties, including warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Although The Company seeks to provide consistent, accurate, and appropriate content on The Site, The Company makes no warranty about the accuracy, reliability, completeness, or temporal appropriateness of The Site Content, and services, software, textual content, graphic images and references to other Internet sites that may be contained herein.
The Company does not suggest, infer, or warranty any result or outcome of using The Site. Nor does The Company provide, or infer warranty surrounding any instructions, testimonials, recommendations or directions contained on The Site, or within The Site Content.
Disclaimer of Consequential Damages: At no time, under no conditions, shall The Company, its partner organizations, affiliates, employees or other third parties mentioned on The Site, or within The Site Content, be liable for any damages whatsoever. This includes, without limitation, any incidental, indirect, consequential, or punitive damages, lost profits, or damages resulting from lost data or business interruption. The Company further denies any liability resulting from any use or inability to use The Site or access The Site Content or Internet addresses linked to or from The Site. This limitation exceeds any warranty, contract, tort or other legal theory, whether or not The Company is advised, or has been advised of such possibility of damages.
Indemnity: You agree to defend, indemnify, and hold harmless The Company, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that The Company may become obligated to pay arising or resulting from your use of The Site content or any breach of these Terms and Conditions. The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
One Month Limit: Regardless of any contrary statute or law, You agree that any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions, or alleged to arise out of or to be related to use of the Terms and Conditions, must be filed within one (1) month after such claim or cause of action arose, or be forever barred.
Survival: The termination of the Terms and Conditions, for any reason, will not terminate the obligations or liabilities of the parties under the Terms and Conditions, with respect to warranties, liabilities, proprietary rights, intellectual property rights, trademarks, and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of the Terms and Conditions.
Other Miscellaneous Terms and Conditions: The Site and The Site Content originate from the State of Michigan. The Company makes no claim that The Site Content is suitable for use outside the United States. Access to The Site or The Site Content may not be appropriate, or legal, by certain persons in certain countries. Any access to The Site from equipment residing outside the United States of America, shall be performed at your own risk, and the responsibility for compliance with laws of the jurisdiction wherein you reside shall bear the additional consequences to You, upon any such breach, such that are independently set forth and prescribed to you.
The Terms and Conditions are governed by the laws of the State of Michigan, without respect to any conflict of laws principles. Should at any time there exist a belief that you have suffered from access to The Site, You will provide The Company written notice that specifies the specifics of the harm and provides The Company thirty (30) days to cure the harm, after such notice, and prior the initiation of legal recourse.
You agree to submit to the jurisdiction of the courts situated in the State of Michigan, with respect to any disagreement, or other cause of action involving The Site or The Site Content. By accessing The Site, You waive any defense of an inconvenient forum and of jurisdiction on account of place of residence and You agree that You waive right to a jury trial. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall otherwise remain in full force and effect. No waiver of any of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. The Terms and Conditions constitute the entire agreement between You and The Company with respect to your use of The Site, except as explicitly provided elsewhere in The Site or within The Site Content.