Terms & Conditions
Welcome and thank you for visiting the Golden Door website (collectively with any related subsite, service or feature, and all content and software and applications, the “Website”) and reviewing our Terms of Use. Golden Door Properties, LLC, hereinafter collectively referred to as Golden Door, makes this Website, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms of Use set forth in this document.
1. ACCEPTANCE OF TERMS OF USE
Please read these terms and conditions carefully. By accessing, using, or downloading in any way, without limitation, any materials from this website or merely browsing this website, you agree to and are bound by these terms of use. If you do not agree with all of the terms of the terms of use, you are prohibited from using this website. Golden Door reserves the right to change the Terms of Use at any time in our sole discretion, without prior notice to any Website visitor (“User”). Golden Door will publish such amendments from time to time. You are expected to check this page from time to time so you are aware of any amendments, as they are binding on you. You are hereby advised that your continued use of our website constitutes your acceptance of these terms of use and any subsequent amendments to these terms of use.
2. NON-TRANSFERABILITY
Golden Door may permit you to register and create an account to access certain portions of this Website (an “Account”). You agree that all information you provide to register an Account is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Golden Door respects the privacy of visitors to our Website. Please see Golden Door’s Privacy Policy relating to the collection and use of your information. User acknowledges and agrees that this Privacy Policy, including but not limited to the manner in which Golden Door collects, uses and discloses User’s personally identifiable information, is incorporated and made part of these Terms of Use. If User does not agree to each and every part of Golden Door’s Privacy Policy, then User should not use this site or submit or post any personally identifiable information on this site. Questions regarding privacy issues should be directed to Golden Door at klinden@goldendoor.com.
4. MEDICAL DISCLAIMERS
The content of this Website, such as text, graphics, images, information obtained from Golden Door’s licensors, and other Material contained on this Website are for informational purposes only and are not intended in any way to substitute for professional medical advice, diagnosis, or treatment. Users are encouraged never to disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard on this Website.
5. INTELLECTUAL PROPERTY RIGHTS
A. Copyright Information and Personal and Non-Commercial Use Limitation.
All Materials and the compilation of all content included on this Website are owned or licensed by Golden Door and protected by United States and international copyright laws. Permission to reprint or electronically reproduce any Materials, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Golden Door. Users may not provide copyrighted or other proprietary information to Golden Door without permission from the owner of such materials or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures. Golden Door’s graphics, logos and service marks displayed on the Website are trademarks of the Golden Door or its licensors and may not be used or reproduced without prior written consent of the Golden Door. All other trademarks, product names and company names and logos appearing on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Golden Door. Any images of persons or personalities contained on the Website are not an indication or endorsement of Golden Door or any particular product or our service unless otherwise indicated.
6. DISCLAIMERS AND LIMITATIONS OF LIABILITY
User expressly agrees that use of Golden Door’s Website and Materials is at User’s sole risk. Neither Golden Door, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Golden Door, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The Materials, information, products, and services published on this Website may contain inaccuracies or typographical errors. This website and the materials are provided by Golden Door on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, Golden Door and the providers disclaim all implied warranties, including but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Golden Door and the providers make no representations or warranties of any kind, express or implied, as to the operation of the website, security of the website, the availability of any services offered on or through the website, or the information, content, materials or products, included on this website. Any materials downloaded or otherwise obtained through the website is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You expressly agree that your use of this website is at your own risk. No oral advice or written information given by golden door nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty of any kind; nor shall user rely on any such information or advice. Some states of other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. If you are dissatisfied with this Website and/or Materials, your sole and exclusive remedy is to discontinue your use of this Website. Golden Door does not guarantee the continuous, uninterrupted or secure access to this website or any related services. The operation of the website may be interfered with by numerous factors outside the control of Golden Door. You expressly understand and agree that Golden Door and the provider will not be liable for any damages of any kind arising from the use of inability to use this website, including but not limited to direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Golden Door or its providers have been advised of the possibility of such damages). The limitations of this paragraph shall apply notwithstanding any reliance by a user on any information obtained from this website or other golden door websites that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses or other malicious code, delays in operation of transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to golden door records, programs, or services, and whether or not Golden Door and/or any other providers have been advised of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through this website. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the golden door services, from inability to use golden door services, or from the interruption, suspension, or termination of golden door services (including such damages incurred by third parties). Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
7. ONLINE CONDUCT
The User agrees to use this Website only for lawful purposes.
8. INTERNATIONAL USERS
This Website can be accessed from locations around the world. Golden Door makes no representations that this Website or the Materials available through it are appropriate for use at other locations outside the United States. Access to this Website from locations where this Website or any of its Materials are illegal is prohibited.
2. SECURITY
If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website.
10. ARBITRATION
Any dispute relating in any way to your visit to the Golden Door Website shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate Golden Door’s intellectual property rights. Golden Door may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (www.adr.org). The arbitrator’s award, including attorney’s fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction.
11. APPLICABLE LAW/JURISDICTION
This Website is controlled by Golden Door from its offices in the State of California. As such, by visiting Golden Door’s Website, even if accessed from a location outside the United States, you agree that the laws of the State of California will govern these disclaimers, terms of use, without giving effect to any principles of conflicts of laws. Golden Door reserves the right to make changes to its Website at any time. User hereby irrevocably and unconditionally consents to its jurisdictions in the State of California.
12. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Website, Terms of Use, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
13. ENTIRE AGREEMENT
Any waiver of any provision of the Terms of Use of Privacy Policy will be effective only if in writing and signed by Golden Door. The section titles in the terms of use and privacy policy are for convenience only and have no legal or contractual effect.