1. TERMS OF SERVICE (TOS) ACCEPTANCE
Welcome to Golden Arrow News, a service of Golden Arrow Publishing LLC (GAP). GAP offers a number of informational news alerts and provides a number of Web services ("Service"). Your use of the Service (including any of the content or any services offered) is subject to these Terms of Service ("TOS").
We may modify this TOS at any time without notice to you by posting revised TOS on our sites. You can review the most current version of the TOS at any time at: http://www.goldenarrownews.com/tos.html
Your use of the Service constitutes your binding acceptance of the TOS, including any modifications that we make. This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Service) and GAP. By using the Service or any Services, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using GAP Web sites and all Services. Although the registration process may require you to "click-through" or otherwise affirmatively agree to be bound by the provisions of this Agreement, this Agreement is binding on you by your use of the GAP Web siteS or Services, regardless of whether or not you choose to register.
Where you use the Service in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to "you" shall mean both you as the individual user of the Service and you in your capacity as a representative of your organization.
In addition, when using particular GAP owned or operated services, you and GAP shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
The Service currently provides users with access to a collection of content and services, that may include legal information, educational information and services, Internet search services, marketing information, marketing services, and business information through its network of properties.
You also understand and agree that the Service may include certain communications from GAP, such as service announcements, administrative messages and the GAP Newsletters, and that these communications are considered part of GAP participation and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GAP properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that GAP assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or data charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
a. Restrict, suspend or terminate your access to all or any part of the Service; b. Change, suspend or discontinue all or any part of the Service; c. Refuse, move or remove any material that you submit to the Service for any reason; d. Refuse, move, or remove any content that is available on the Service; e. Deactivate or delete your accounts and all related information and files in your account; f. Establish general practices and limits concerning use of the Service
You agree that we will not be liable to you or any third party for taking any of these actions.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GAP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GAP has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GAP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GAP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GAP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. GAP does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GAP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. Publish, post, upload, email, distribute, disseminate or otherwise make available (collectively, "Transmit") any unlawful, infringing, harmful, threatening, abusive, inappropriate, harassing, tortious, defamatory, vulgar, obscene, indecent, defamatory, libelous, invasive of another's privacy, profane, hateful, or racially, ethnically or otherwise objectionable Content.
b. Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
c. Transmit files that contain viruses, corrupted files, or any other similar software or any other computer code, files or programs that may damage, interrupt, destroy, limit the functionality or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
d. Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," contests or any other form of solicitation, except in those areas (such law firm Web sites) that are designated for such purpose (please read our complete Spam Policy);
e. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
f. Harm minors in any way.
g. Impersonate any person or entity, including, but not limited to, a GAP representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
h. Forge headers or otherwise manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Service or to manipulate your presence on our sites;
i. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
j. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
k. Restrict or inhibit any other user from using and enjoying any public area within our sites;
l. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
m. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
n. Intentionally or unintentionally violate any applicable local, state, national or international law or engage in any illegal activities;
You acknowledge that GAP may or may not pre-screen Content, but that GAP and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, GAP and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GAP or submitted to GAP, including without limitation information in GAP Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that GAP may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of GAP, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by GAP and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
GAP does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant GAP the following world-wide, royalty free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the GAP network of properties that are intended by GAP to be available to the general public.
9. NO LEGAL ADVICE
The Service and all Content are provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. Any information contained in the Content or this Service should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of Content from the Service should act or refrain from acting on the basis of any Content included in, or accessible through, the Service without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.
You agree to indemnify and hold GAP, and its subsidiaries, affiliates, employees, information providers, partners, licensors, agents, co-branders, officers, directors, owners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your GAP Account Identification), use of the Service, or access to the Service.
12. MODIFICATIONS TO SERVICE
GAP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GAP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that GAP may, under certain circumstances and without prior notice, immediately terminate your GAP account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your GAP account includes (a) removal of access to all offerings within the Service, including but not limited to GAP Message Boards, blogs, and Web sites, (b) deletion of your password and all related account information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in GAP's sole discretion and that GAP shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Because GAP has no control over such sites and resources, you acknowledge and agree that GAP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GAP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. GOLDEN ARROW PUBLISHING'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by GAP, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
GAP grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GAP for use in accessing the Service.
GAP claims no copyright in any works of the US Federal Government or US State Governments, including court documents, codes, and regulations.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT.
b. GAP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAP SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO LEGAL INFORMATION
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning legal information or services, please refer to the above Sections 14 and 15 as these are most relevant to this admonition. The Service is provided for informational purposes only, and no Content included in the Service should be relied on as a substitution for the legal advice from a licensed lawyer. GAP, its licensors and partners shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
GAP may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
22. TRADEMARK INFORMATION
GOLDEN ARROW NEWS and the GA logo are trademarks of Golden Arrow Publishing LLC (the "GAP Marks"). Without GAP's prior permission, you agree not to display or use in any manner, the GAP Marks.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
GAP respects the intellectual property of others, and we ask our users to do the same. GAP may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GAP's Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
GAP's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Golden Arrow Publishing LLC
_____ Valjean Ave.
North Hills, CA 9____
By email: firstname.lastname@example.org
24. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and GAP and govern your use of the Service, superseding any prior agreements between you and GAP. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GAP services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
The TOS and the relationship between you and GAP shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and GAP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
GAP may elect to resolve any controversy or claim arising out of or relating to these TOS or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in the county of Los Angeles, California, necessary to protect the rights or property of you or GAP (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
Waiver and Severability of Terms
The failure of GAP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your GAP account is non-transferable and any rights to your GAP credentials or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to email@example.com.