the goldenearth.net website has been made available to you subject to your compliance with the terms and conditions set forth below (the “terms of use”). please read this document carefully before accessing or using the goldenearth.net website. by accessing or using this website, you are agreeing to be bound by the terms of use. if you do not wish to be bound by the terms of use, you may not access or use the website.
the goldenearth.net website has been made available to you subject to your compliance with the terms and conditions set forth below (the “terms of use”). please read this document carefully before accessing or using the goldenearth.net website. by accessing or using this website, you are agreeing to be bound by the terms of use. if you do not wish to be bound by the terms of use, you may not access or use the website.
modifications of these terms of use
golden earth reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. you are therefore responsible for regularly reviewing these terms of use and additional terms or notices posted on the goldenearth.net website. your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
privacy
please review our privacy policy, which also governs your visit to the goldenearth.net website, to understand our practices regarding the use and disclosure of your personal information.
electronic communications
whether you visit the goldenearth.net website, email us, or submit any type of information to us via the goldenearth.net website, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. we will communicate with you electronically, by telephone or by facsimile. it is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
copyright and licenses
the entire contents of this website, including but not limited to: text, graphics, photographs, logos, button icons, flash movies, images, digital downloads, data compilations, and software, are the property of golden earth, its content suppliers or its clients and are protected by domestic and international copyright and trademark laws. you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of golden earth. you may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. if you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately to notify us of this infringement. your submissions of files including but not limited to: photographs, resumes, e-mail, images, logos, and other material hereby constitutes your agreement to grant golden earth a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. you also grant golden earth the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
license and website access
golden earth grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of golden earth. this website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of golden earth. you may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of goldenearth.net without the express written consent of golden earth. you may not use meta tags or any other “hidden text” which utilize goldenearth.net, goldenearth, golden earth or any other derivative of our domain or company name without the express written consent of golden earth. you are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of goldenearth.net so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. it is further understood and agreed that golden earth cannot and does not guarantee or warrant that files made available for downloading through the goldenearth.net website will be free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. it is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through goldenearth.net are free from such contaminations.
disclaimer of warranty /limitation of liability
this website and related information is provided by golden earth on an “as is” and “as available” basis. golden earth makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. you expressly agree that your use of this website is at your sole risk. to the full extent permissible by applicable law, golden earth disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. golden earth does not warrant that this website, its servers, or e-mail sent from goldenearth.net are free of viruses or other harmful components. golden earth will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. golden earth uses reasonable efforts to include accurate and up-to-date information on this website. golden earth assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. in the event that a product is listed at an incorrect price or with other incorrect information, golden earth shall have the right to refuse or cancel any orders placed for the product listed incorrectly. if a product offered by goldenearth.net is not as described, your sole remedy is to return it to the jean jacques machado academy for a refund. all shipping required to return a product will be at the buyer’s expense. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
third party and distributor links
linked websites are not under the control of golden earth and golden earth is not responsible for the contents of any linked site or any link contained in a linked site. golden earth neither recommends nor endorses any distributors listed in the goldenearth.net website. goldenearth.net lists distributors and provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by golden earth of the site or a distributor.
applicable law
by visiting the goldenearth.net website, you agree that the laws of the state of california, without regard to principals of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and golden earth.
disputes
any dispute relating in any way to your visit or access of the goldenearth.net website or to the products or services you purchase through the goldenearth.net website shall be submitted to binding arbitration in topanga, california, except that, to the extent you have in any manner violated or threatened to violate golden earth intellectual property rights, golden earth may seek injunctive or other appropriate relief in any state or federal court in the state of california, and you consent to exclusive jurisdiction and venue in such courts. arbitration under these terms of use shall be conducted under the rules then prevailing of the american arbitration association. the arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. to the fullest extent permitted by applicable law, no arbitration under these terms of use shall be joined to an arbitration involving any other party subject to these terms of use, whether through class arbitration proceedings or otherwise.
indemnification
you agree to indemnify, defend and hold harmless golden earth, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these terms of use (including negligent or wrongful conduct) by you or your use and access of the goldenearth.net website.
international use
given the global nature of the internet, you agree to comply with all local rules including, without limitation, rules about the internet, data, e-mail, privacy, copyright, and trademark infringement. additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the united states or the country in which you reside.
other provisions
the failure of golden earth to insist upon or enforce strict performance of any provision of these terms of use shall not be construed as a waiver of any provision or right. neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms of use. golden earth may assign its rights and duties under these terms of use to any party at any time without notice to you. if any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. any rights not expressly granted herein are reserved.
request and address
please direct comments, questions, and/or notices to golden earth at the contact address available on the website.
