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GoldbarOne is Online Software that Helps Small
Businesses Get More Traffic, More Leads & More Sales
Goldbar Enterprises, LLC ("Goldbar.net") owns and operates the GoldBarOne™ service (the "Service"), the GoldBarOne™ software (the "Software") and the Goldbar.net website (the "Site"). Any individual who wishes to use the Service and Software provided by Goldbar.net must agree to the terms and conditions set forth in this Acceptable Use Policy (the "Agreement"), which is a binding Agreement between you and Goldbar.net.
REGISTERING FOR OR USING THE SERVICE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICES OR SOFTWARE.
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.
Our services are only available to individuals who are over eighteen (18) years of age. If you do not qualify, please do not use our services.
LICENSE AND TERM
Goldbar.net grants to you a personal, non-transferable and non-exclusive right and license to view Goldbar.net’s website(s) and Content therein and to use the Services and Software as permitted under this Agreement, provided that you do not, nor shall you allow any third party, to copy, modify, or in any manner whatsoever reproduce any content found directly on the website, directly or indirectly obtained in any manner through the website, or "linked" to the website, nor shall you create or in any manner contribute to the creation of a derivative work from the website, or a derivative work which is in any manner based on the website, nor shall you sell, license, assign, or sublicense access to the Goldbar.net’s website(s) or Content therein nor to the Services or Software. For the purpose of this Agreement "Content" shall include any information found on or through Goldbar.net’s website or in any manner via the Goldbar.net’s website, i.e. through links, advertisements, hyperlinks, referrals, etc. All rights not expressly granted to you by this Agreement are reserved by Goldbar.net. You may not transfer, sell, assign or convey your rights to the use of the Software or Services to another party without the prior written consent of Goldbar.net. This Agreement shall continue in effect until terminated by Goldbar.net or immediately upon any failure by you to comply with the limitations set forth in this Agreement.
The Software, Service and Site are the property of Goldbar.net and are protected by U.S. and international copyright and intellectual property laws and treaty provisions. All rights to patents, copyrights, trademarks and trade secrets in the Software, Service and Site or any modifications to these shall be and remain in Goldbar.net and/or its licensors. You may not modify, alter, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software, Service or information on the Site, remove any proprietary notices or labels that they contain or export, sell, license, rent, lease or transfer rights to the Software, Service or information on the Site.
The Service, and all content included therein, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Goldbar.net or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Service is the exclusive property of Goldbar.net and protected by U.S. and foreign laws and international copyright treaties. The Software is the property of Goldbar.net and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Service is strictly prohibited.
You acknowledge that the information available through use of the Software ("Information") originates from the Internet's World Wide Web ("WWW") and is derived from a wide variety of sources. Goldbar.net makes no warranty or representation whatsoever with respect to the Information available through the Software, and you acknowledge that, among other things, there is an inherent risk that some Information available on the WWW may be inaccurate, incomplete, untimely, offensive or inappropriate under applicable law and you agree to assume all such risks. Additionally, you acknowledge that your use of the Information outside of the operation of the Software is subject to the protection of the applicable U.S. and/or international copyright and other intellectual property laws.
It is expressly understood that by the terms of this Agreement you will be exposed to Goldbar.net’s confidential information, including but not limited to marketing, sales and auction techniques and logic, pricing and merchandising strategies, order handling, processes and procedures, contractual structures and techniques. You shall take all reasonable steps to assure that the confidential information of Goldbar.net shall not be disclosed by you, in whole or in part, without the prior written permission of Goldbar.net. You shall not disclose Goldbar.net’s confidential information to any third party and you shall only use it pursuant to the fulfillment of your business objective, that is, the advancement of your company’s marketing strategies.
You agree that the conditions in this Agreement and the Confidential Information disclosed pursuant to this Agreement are of a special, unique, and extraordinary character, that Goldbar.net would be irreparably harmed by any disclosure of the Confidential Information in violation of this Agreement, and that the use of the Confidential Information for purposes other than in connection with this Agreement or by any third party would enable you or such third party to compete unfairly with Goldbar.net. For these reasons, you waive any claim or defense that you have an adequate remedy at law and you agree that Goldbar.net shall be entitled to seek equitable relief to prevent further use and/or disclosure in addition to all other remedies available to Goldbar.net in law or in equity for any breach of this Agreement.
The terms of this section shall survive the termination of your relationship with Goldbar.net.
Without limiting other remedies, Goldbar.net may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you or us.
Goldbar.net shall have the right to change or add to the terms of this Agreement at any time and to change, discontinue or impose conditions on any aspect of the Software. Such changes shall be effective upon posting of the revisions on the Site.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THIS SOFTWARE MAY CONTAIN SOFTWARE BUGS WHICH COULD CAUSE UNANTICIPATED CONSEQUENCES THROUGH ITS USE. YOUR USE OF THIS SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER.
GOLDBAR.NET DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE NONINFRINGEMENT, MERCHANTABILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR FITNESS FOR ANY PURPOSE OF THE SOFTWARE AND THE SERVICE OR THAT THE OPERATION OF THE SOFTWARE AND THE PROVISION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE AGREEMENT PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
GOLDBAR.NET SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE SOFTWARE AND/OR THE SERVICE. GOLDBAR.NET SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE AND/OR THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SOFTWARE AND/OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER GOLDBAR.NET NOT ITS EMPLOYEES, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SERVICES IS TO STOP USING THE SITE AND SERVICES.
GOLDBAR.NET’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED, SHALL NOT EXCEED FIVE HUNDRED ($500) DOLLARS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
A possibility exists that the Software and the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Software and the Site. Although Goldbar.net attempts to ensure the integrity of the Software and the Site, it makes no guarantees whatsoever as to its completeness, correctness or accuracy. In the event that such an inaccuracy arises, please inform Goldbar.net (by sending e-mail to email@example.com) so that Goldbar.net may try to correct it.
Goldbar.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advise or statement made on the Software and the Site by anyone other than authorized company employee spokespersons while acting in their official capacities. Under no circumstances will Goldbar.net be liable for any loss or damage caused by your reliance on information obtained through the Software and the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Software and the Site.
CODE OF CONDUCT
You agree to be solely responsible for all acts or omissions that occur at your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
- Restrict or inhibit any other member from using and enjoying the Software;
- Post or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
- Post or transmit materials in violation of another party's copyright or intellectual property rights;
- Use the Software for any unlawful purposes;
- Modify, adapt, sub-Agreement, translate, sell, reverse engineer, decompile or disassemble any portion of the Software and the Site;
- Transmit chain letters, junk or bulk email or spam (commercial or otherwise); or
- Harvest or collect information about others without their consent;
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Service;
- Interfere with other's use and enjoyment of the Service or use and enjoyment of similar services.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
- While using the Software and the Site, you agree to comply with all applicable laws, rules and regulations in connection with the Software and the Site.
- Goldbar.net has no obligations to monitor the Software and the Site. However, you acknowledge and agree that Goldbar.net has the right to monitor the Software and the Site and to disclose any information to any third party in order to operate the Software and the Site properly, to protect itself and its sponsors and customers, and to comply with legal obligations or governmental requests. Goldbar.net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement. Such prohibition may occur without notice to the member.
You agree to defend, indemnify and hold harmless Goldbar.net against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys’ fees) arising from your violation of this Agreement or any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with Goldbar.net.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Westchester, State of New York, as the parties to this agreement agree to be governed by the laws of the State of New York. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Westchester, State of New York necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney’s fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the County of Westchester, State of New York with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to one thousand ($1000) dollars.
Goldbar.net reserves the right to immediately terminate any individual's use of the Software and the Site and/or such member's member identification and password in its sole discretion with or without cause. If you wish to terminate your account, your only recourse is to discontinue use of the account (though you can delete information from your account at any time). In addition, Goldbar.net may terminate your account for inactivity, which is defined as failing to log into the Software and the Site for an extended period of time, as determined by Goldbar.net. Upon termination of your account, your right to use the Software and the Site immediately ceases, and Goldbar.net shall have no obligation to maintain any content in your account.
USE OF SECURE AREA AND PASSWORD
You agree to provide accurate, complete and current information when you register at the Site. Use of any password-protected area of the Software and the Site is restricted to the individual who has been given permission, a member identification and password to enter such area (the "Authorized Party"). If more than one individual wishes to use a single member identification and password belonging to an Authorized party, such Authorized Party must request permission from Goldbar.net in writing, it being understood that Goldbar.net shall be under no obligation to approve any such request. You are entirely responsible for maintaining the confidentiality of your password and member identification. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Goldbar.net of any unauthorized use of your account.
If you are not completely satisfied with the Service, you may cancel your account by filling out the cancellation form and submitting it to Goldbar.net at least two (2) days prior to your rebilling date. If Goldbar.net does not receive a notice of cancellation prior to the rebilling date, Goldbar.net shall assume you are renewing your membership and you will automatically be charged for the next month’s payment. If you pay via PayPal, you are solely responsible for cancelling your PayPal subscription upon cancelling the Goldbar.net services. No money shall be refunded at any time, for any reason.
This Agreement constitutes the complete and exclusive agreement between you and Goldbar.net with respect to this Software, the Service and the Site and supersedes any other communication, including advertising. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Each party to this Agreement hereby submits to the exclusive jurisdiction of the courts of the County of Westchester, State of New York, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In the event that nay of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
Goldbar.net's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Goldbar.net's right to subsequently enforce such provision or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
Any headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
In the event of a merger or consolidation of Goldbar.net, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Goldbar.net shall have the right at any time to a) change the terms of this Agreement, b) change the Software, the Service and the Site, including eliminating or discontinuing any content or feature of the Software, the Service and the Site, restricting the hours of availability, or limiting the amount of use permitted, or c) change any fees or charges for use of the Software, the Service and the Site, including instituting new or increased fees or charges for the use of the Software and the Site or any feature thereof. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Software and the Site, or by electronic mail, or by conventional mail. Your use of the Software and the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. You are responsible for reviewing this Agreement periodically to ensure familiarity with the most current version.