Last updated February 01, 2023
AGREEMENT TO OUR LEGAL TERMS
We are GS Gold Style ("Company,"
"we," "us," "our"), a
company registered in Florida, United States at __________, 19301 W Dixie Hwy
2248, Miami, FL 33180.
We operate the mobile application GS Gold Style (the
"App"), as well as any other related products and services
that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
You can contact us by phone at +1 (786) 546-2382,
email at [email protected], or by mail to __________, 19301 W Dixie Hwy
2248, Miami, FL 33180, United States.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
("you"), and GS Gold Style, concerning your access to and use
of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Legal Terms at any time and for any
reason. We will alert you about any changes by updating the "Last
updated" date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be subject to
and will be deemed to have been made aware of and to have accepted, the changes
in any revised Legal Terms by your continued use of the Services after the date
such revised Legal Terms are posted.
The Services are intended for users who are at least
13 years of age. All users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Services. If you
are a minor, you must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal
Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. MOBILE APPLICATION LICENSE
13. SOCIAL MEDIA
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
26. FLORIDA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US
1. OUR SERVICES
The information provided when using the Services is
not intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
__________
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), aswell as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITEDACTIVITIES" section below, we grant you a
non-exclusive, non-transferable, revocable license to: access the Services; and
download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to:[email protected]. If we ever grant you
the permission to post, reproduce, or publicly display any part of our Services
or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED
ACTIVITIES" section carefully prior to using our Services to understand
the (a) rights you give us and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By
directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ("Submissions"), you agree to assign
to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment
or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the
Services you:
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES “and will not post, send, publish, upload, or
transmit through the Services any Submission that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading; to the extent permissible by applicable law, waive
any and all moral rights to any such Submission; warrant that any such
Submission are original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions; and warrant and
represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions, and
you expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a)this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these
Legal Terms;
(4) you are not under the age of 13; (5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have received parental permission
to use the Services; (6) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (7) you will not
use the Services for any illegal or unauthorized purpose; and (8) your use of
the Services will not violate any applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services.
You agree to keep your password confidential and will be responsible for all
use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as
possible the colors, features, specifications, and details of the products
available on the Services. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your electronic
display may not accurately reflect the actual colors and details of the
products. All products are subject to availability, and we cannot guarantee
that items will be in stock. We reserve the right to discontinue any products
at any time for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You
further agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in Us dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing
your order.
We reserve the right to correct any errors or mistakes
in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
7. RETURN POLICY
Please review our Return Policy posted on the Services
prior to making any purchases.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose
other than that for which we make the Services available. The Services may not
be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user
passwords.
Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion,
us and/or the Services.
Use any information obtained from the Services in
order to harass, abuse, or harm another person.
Make improper use of our support services or submit
false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any
applicable laws or regulations.
Engage in unauthorized framing of or linking to the
Services.
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming(continuous posting of repetitive text), that
interferes with any party uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights
notice from any Content.
Attempt to impersonate another user or person or use
the username of another user.
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware" or "passive collection
mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on
the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services
designed to prevent or restrict access to the Services, or any portion of the
Services.
Copy or adapt the Services' software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up apart of the Services.
Except as may be the result of standard search engine
or Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
Use a buying agent or purchasing agent to make
purchases on the Services.
Make any unauthorized use of the Services, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
Use the Services as part of any effort to compete with
us or otherwise use the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods
and services.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post
content. We may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions").Contributions may be viewable by other users of the
Services and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Services' Privacy Policy. When
you create or make available any Contributions, you thereby represent and
warrant that:
The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or
misleading.
Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
(as determined by us).
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law,
regulation, or rule.
Your Contributions do not violate the privacy or
publicity rights of any third party.
Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
Your Contributions do not otherwise violate, or link
to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms andmay result in, among other things, termination or
suspension of your rights to use theServices.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store,
process, and use any information and personal data that you provide following
the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding
the Services, you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave
reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews should
not contain references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant
you a revocable, non-exclusive, non-transferable, limited right to install and
use the App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the App; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the App; (3) violate any applicable laws,
rules, or regulations in connection with your access or use of the App;
(4)remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the App; (5) use the
App for any revenue-generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App available
over a network or other environmental permitting access or use by multiple
devices or users at the same time;(7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the App; (8) use the App to send automated queries to
any website or to send any unsolicited commercial email; or (9) use any
proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the App.
Apple Devices
The following terms apply when you use the App
obtained from either the Apple Store or Google Play (each an "App
Distributor") to access the Services: (1) the license granted to you for
our App is limited to a non-transferable license to use the application on a
device that utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable
AppDistributor’s terms of service; (2) we are responsible for providing any maintenance
and support services with respect to the App as specified in the terms and conditions
of this mobile application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App to conform
to any applicable warranty, you may notify the applicable App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you
are not located in a country that is subject to a US
government embargo, or that has been designated by the
US government as a “terrorist supporting" country and (ii) you are not
listed on any US government list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of agreement when using the App,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the App; and(6) you
acknowledge and agree that the App Distributors are third-party beneficiaries
of the terms and conditions in this mobile application license contained in
these Legal Terms, and that each App Distributor will have the right (and will
be deemed to have accepted the right) to enforce the terms and conditions in
this mobile application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
13. SOCIAL MEDIA
As part of the functionality of the Services, you may
link your account with online accounts you have with third-party service
providers (each such account, a "Third-Party Account") by either: (1)
providing your Third-Party Account login information through the Services; or
(2) allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party
Account login information to us and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to pay any
fees for making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your Third-Party
Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your
Third-Party Accounts may be available on and through your account on the
Services. Please note that if a Third-Party Account or associated service
becomes unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTYACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCHTHIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content
for any purpose, including but not limited to, for accuracy, legality, or non-infringement,
and we are not responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection between
the Services and your Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through such
Third-Party Account, except the username and profile picture that become
associated with your account.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review
our Privacy Policy: https://gsgoldstyle.com/privacy-policy. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in
__________. If you access the Services from any other region of the world with
laws or other requirements governing personal
data collection, use, or disclosure that differ from
applicable laws in __________,then through your continued use of the Services,
you are transferring your data to__________, and you expressly consent to have
your data transferred to and processed in __________.
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in accordance
with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us without
the requisite and verifiable parental consent, we will delete that information
from the Services as quickly as is reasonably practical.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and
effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDINGBLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOURACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANYTIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Services. We also reserve the right to modify or discontinue all or part of the
Services without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be always
available. We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection
therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are
governed by and construed in accordance with the laws of the State of Florida applicable to agreements
made and to be entirely performed within the State of Florida, without regard to its
conflict of law principles.
19. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either
you or us (collectively, the “Parties" and individually, a
"Party") shall be commenced or prosecuted in the state and federal
courts located in FLORIDA, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non convenient with respect
to venue and jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any claim, action, or proceeding brought by either Party
related in any way to the Services be commenced more than __________ years
after the cause of action arose.
20. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or
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21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOUAGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THECONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THESERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FORANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH
THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORSOR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIATHE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR INANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
ANDEXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THEAMOUNT
PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS ANDINTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONALRIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of:
(1)use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5)any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, without defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
24. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND
SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
26. FLORIDA USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the FLORIDA Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112, Sacramento, FLORIDA 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact
us at:
GS Gold Style
19301 W Dixie Hwy 2248
Miami, FL 33180
United States
Phone: +1 (786) 546-2382
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