Legal

TERMS OF USE 

1. Overview

These terms of use (“Terms”) are a legal agreement between you (“you” or “your”) and Goldwater Enterprises, LLC (“GE,” “we,” or “us”). These Terms govern your access to and use of the GE website at https://www.goldwaterenterprises.com/ and any content, functionality, and services offered on or through it (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site. 

2. Changes to Terms

GE reserves the right to modify these Terms at any time without prior notice. All changes become effective immediately upon posting. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes. 

3. Privacy

All information GE collects on this Site is subject to our Privacy Policy posted here. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The Privacy Policy is incorporated into and governed by these Terms. To the extent there is a conflict, these Terms supersede the Privacy Policy. 

4. Site Content

The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of GE or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below. The GE name and related logos are trademarks and service marks (“Marks”) of GE. GE Marks may not be used without the advance written permission of GE, including in connection with any product or service that is not GE, in any manner that is likely to cause confusion or in any manner that disparages, discredits, or misrepresents GE. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners. 

5. Limited License And Prohibited Uses

GE grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of GE is strictly prohibited. You may use the Site only for lawful purposes and in accordance with these Terms. 

6. Children’s Online Privacy Protection Act (COPPA) Compliance

This Site is not intended for children under 13 years of age. GE does not knowingly collect information from children under 16. If you are under 13, do not use this Site or provide any information about yourself to GE. 

7. Account Registration

To access portions of the Site, you may be asked to provide registration details or other information. It is a condition of your use of the Site that all information you provide is complete, current, and accurate. 

8. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”), if applicable. You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. 

9. Third Party Content

This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and responsibility of the person or entity providing those materials. 

10. Links To Other Websites

GE may provide links to external websites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. GE does not control those websites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. 

11. Disclaimer of Warranties

You expressly agree that use of this site and conducting business transactions related to it are at your sole risk. While GE attempts to present accurate information on the site, this site is provided on an “as-is” basis. GE makes no representations or warranties of any kind, express or implied as to the operation or content of this site or any other site to which it is linked.  

12. Limitation of Liability

GE, its managers, contractors and its employees will not be liable for any damages of any kind arising from the use of this site or any site for which it provides links, including but not limited to direct, indirect, punitive and consequential damages. Your sole remedy under these terms is to stop using the site.  

13. Indemnification

You agree to defend, indemnify, and hold harmless GE, its affiliates, partners, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees arising out of or relating to your violation of these Terms or your use of the Site. 

14. Limitation On Time To File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the site must be commenced within four (4) months after the event giving rise to the action or claim occurred, regardless of when you knew or should have known about it; otherwise, such cause of action or claim in permanently barred.  

15. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to GE for which monetary damages would not be an adequate remedy, and GE shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages. 

16. Waiver And Severability

No waiver by GE of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

17. Entire Agreement

The Terms of Use and our Privacy Policy constitute the entire agreement between you and GE with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site. 

18. Term and Termination

These Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, certain provisions of these Terms that by their nature are intended to survive will remain in effect, including Sections 1, 2, 5, 8-17, and the Privacy Policy. 

19. Applicable Law, Binding Arbitration, and Class Action Waiver

The laws of the State of Pennsylvania will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws. Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Philadelphia County, Pennsylvania. 

20. Communications and Contact Information

GE may contact you regarding these Terms of Use or the Privacy Policy using any information you provide or by any other means if you do not provide contact information. If you no longer wish to receive communications from GE, you can click on the “unsubscribe link” provided in such communications or contact us at info@goldwaterenterprises.com. For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Policy, please contact us at info@goldwaterenterprises.com. 

 

Effective Date: May 1, 2024