PLEASE BE AWARE THAT YOU AGREE TO MANDATORY BINDING ARBITRATION AND WAIVER OF THE ABILITY TO BRING A CLAIM IN A CLASS ACTION FORMAT.
We may refer to you or any individual that uses our Site as “you” or “your” or a “user.” If we use the term “Our Companies,” in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with The Gold Brush.
When we use the term “Site” we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the TheGoldBrush.com domain (including all backups, mirror, replacement and substitutes), but excluding Third-Party Resources (as defined below) and Third-Party Merchants (as defined below) that may be referenced or linked to or on through the Site. Unless otherwise noted, when we use the term “Site,” we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and Trademarks (as defined below), the “look and feel”, as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term “Content” when we refer to them separately. When we use the term “Services” we mean any services provided as an online functionality or feature of the Site.
Individuals under the age of eighteen (18) are not eligible to use this Site and may not submit any PII (as defined below) to us. By using this Site, you hereby represent that you are at least eighteen (18) years old.
We are a general audience site and do not direct any of our content specifically at children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE THE SITE. We understand and are committed to respecting the sensitive nature of children’s privacy online.
From time to time, we may restrict access to all or some of this Site. We undertake no obligation to update, amend, or clarify information on this Site, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers, pricing information, or subscription descriptions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information or cancel memberships if any information on the Site is inaccurate.
REPRESENTATIONS AND WARRANTIES
By using the Site, you represent, warrant, and covenant to The Gold Brush that:
1. You are at least eighteen (18) years of age or older;
2. You are authorized to enter into this Agreement and are able to fulfill and perform the obligations and meet the conditions of a user as specified herein;
3. You will not use the Site for any purpose or in any manner that violates any law or regulation, or that infringes the rights of us, our Affiliates, or any other third party;
4. You own or control all rights in and to, any and all information or data provided to us or our Affiliates by you, if any, and such information or data will not violate any law or regulation or infringe the rights of us, our Affiliates, or any third party;
5. All information that you provide to us or our Affiliates in connection with this Site is true, complete, and accurate.
RULES OF CONDUCT
By using the Site, you agree that you may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:
● Violate any applicable federal or state laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm, or enterprise;
● Transmit or engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially or ethically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
● Impersonate or indicate an affiliation with, or attempt to do any of the same regarding The Gold Brush, The Gold Brush’s employees, or any other person, firm, or enterprise, including, without limitation, any other users of the Site;
● Use the Site for posting or otherwise using malicious or unauthorized code (e.g. viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information which in any way might interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment;
● Use the Site in any manner that could disable, disrupt, damage, impair, or interfere with the use, features, functions, operation, or maintenance of our Site or with the rights or use and enjoyment by any other party;
● Violate, or attempt to violate any security features of the Site or Service;
● Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing the Site or Service to a human-perceivable form;
● Except as permitted herein, collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, firm, or enterprise made available on or through the Site, including, without limitation, by Posting someone else’s private information without their consent;
● Advocate or encourage conduct that does or could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
● Otherwise attempt to interfere with the proper working of the Site, or otherwise violate or attempt to violate any security features of this Site, including, without limitation, by: (a) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (b) interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (c) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
● Use any software, tool, data, device, or other mechanism to navigate or search the Site, other than generally available browsers or the search engine provided by us;
● Frame or utilize framing techniques to enclose any aspect of this Site, including, without limitation, any Trademark or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent;
● Use any metatags or any other “hidden text” utilizing our name or Trademarks without our express written consent; or
● Otherwise attempt to interfere with the proper working of the Site.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features and functionality, including, but not limited to all information, text (whether visible or hidden), Trademarks, software, displays, photographs, graphics, video and audio, any other digital media, and the design, selection and arrangement thereof (collectively, “The Gold Brush Content”), are owned by, licensed by, or provided to The Gold Brush. In addition, the entire content of this Site is copyrighted as a collective work under U.S. copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Without limiting the generality of the foregoing, the Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the The Gold Brush Content and the Service.
FEEDBACK AND SUBMISSIONS
The Gold Brush welcomes your feedback and suggestions about TheGoldBrush.com or our Affiliates’ programs or Services or with respect to how to improve the Site. By transmitting any suggestions, ideas, questions, comments, information, material, or other content (collectively, “Feedback”) to us, you represent, warrant and covenant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or Trademark rights) and that you have all rights necessary to convey to The Gold Brush and enable The Gold Brush to use such Feedback.
On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Site by anyone who repeatedly infringes the rights of others. If you believe our Site contains elements that infringe any copyright of yours or anyone else’s, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.
From time to time we may offer sweepstakes, contests, or other similar promotions (“Promotions”). Promotions vary and may require you to submit information about yourself to us. Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion. You must read and agree to these separate Terms and Conditions before entering into any such Promotion.
If the Site contains links to other sites, materials, content, and/or resources provided by third parties (“Third-Party Resources”), such Third-Party Resources are provided for convenience purposes only. This includes links, without limitation, Third-Party Resources contained in advertisements, banner advertisements, and sponsored links. We have not reviewed all of the Third-Party Sites linked to the Site and we have no control over, and no liability for any Third-Party Resources. We work with a number of partners and affiliates whose Third-Party Resources may be linked with the Site. Because neither we nor our Site has control over the content and performance of the Third-party Resources, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such Third-Party Resources, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Third-Party Resources. If you decide to access any of the Third-Party Resources linked to this Site, you do this entirely at your own risk.
We do not endorse, warrant, or guarantee any such Third-Party Resources, or the resources, products, or services offered by Third-Party Resources, and we are not responsible or liable for the actions or inactions of such Third-Party Resources, including, without limitation, the accuracy, completeness, or usefulness of any information, independent policies of, privacy practices of, or the availability of any information offered by or through such Third-Party Resources. If we provide links to social media platforms, such as Facebook and Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control User Content on social media homepages and are not responsible for any third-party use of your PII that you have posted, transmitted, or otherwise made available there.
THIRD PARTY MERCHANTS
The Gold Brush contains many Offers from third party partners and affiliates which may allow you to order, receive, or redeem various products and services by business that are not owned or operated by us. The delivery, guarantee, maintenance, and all other matters concerning your transactions with these businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee any such third party Offers and we are not liable for the accuracy, completeness, or usefulness of such information or the availability of any Offers.
TERM AND TERMINATION
WE HAVE THE RIGHT TO TERMINATE
YOU INDEMNIFY US
The Indemnified Parties have the right, at any time, to assume the exclusive defense and control of any Claim and all negotiations for settlement and compromise and you agree to cooperate with the Indemnified Parties in any such defense.
DISCLAIMERS AND LIMITATION OF LIABILITY
OUR SITE (INCLUDING ALL TheGoldBrush.com CONTENT THEREIN, AND ANY PORTION THEREOF) IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE OFFER NO GUARANTY, WARRANTY, OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, THAT DEFECTS WILL BE CORRECTED, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THIRD-PARTY RESOURCES, THIRD-PARTY CONTENT, OR USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MAANGERS DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE OR MAKE AVAILABLE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, EXCEED ONE HUNDRED DOLLARS ($100).
ARBITRATION AND CLASS ACTION WAIVER
You agree to first contact us at [email protected] for any dispute or controversy so as to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within one-hundred and twenty (120) days shall be settled by binding, confidential arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award shall be binding and rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the city of San Diego, California by a single neutral arbitrator. The arbitration may proceed telephonically in the event the total amount does not exceed Two Thousand and Five Hundred U.S. Dollars ($2,500) if the claimant so chooses. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any information unless otherwise required by law or as needed to enforce or challenge an arbitration award.
THIS SITE IS FOR UNITED STATES USE ONLY
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
FEEDBACK AND SUBMISSIONS
The Gold Brush welcomes your feedback and suggestions about The Gold Brush's programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to The Gold Brush, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to The Gold Brush and enable The Gold Brush to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for The Gold Brush to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.