Thank you for visiting Gold Retired! We are pleased to provide you with our content and services and appreciate your patronage. Before using our website, we encourage you to review these Terms of Service to understand what to expect when interacting with our various offerings.
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT“) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER“) AND GOLD RETIRED with the primary office located in New York City at 411 Hackensack Avenue Continental Plaza, Second Floor, Hackensack, NJ, 07601 (hereinafter Gold Retired). DOING BUSINESS AS “Gold Retired” (“COMPANY,” “WE,” OR “US“).
By accessing or using our website, creating an account, or utilizing any content, information, services, features, or resources available through the Properties (collectively referred to as the “Services”), or by clicking a button or taking any action to indicate your acceptance of this Agreement, you:
- Agree to be bound by this Agreement, including any future amendments and additions;
- Confirm that you are of legal age in your jurisdiction to form a binding contract; and
- Assert that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you represent in using the Services. Unless otherwise stated herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, terms of use, conditions and policies posted on the website. Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their own separate terms of service (“Third-Party Terms”) that differ from ours. By using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by their applicable terms.
In accordance with Section 5.9 of this Agreement, the Company reserves the right to modify this Agreement or its policies related to the Services at any time. These modifications will become effective upon the posting of the updated Agreement or any applicable Supplemental Terms on the relevant Services. You are encouraged to regularly review this Agreement. Your continued use of the Services following any changes signifies your acceptance of those changes.
- Other Services
1.1 Sponsored/Affiliate Content. Certain parts of the Services may feature content with links to third-party websites. The Company may receive compensation from the operators of these third-party websites if you click on these links or make a purchase. As further detailed in Section 3.4 below, by clicking on these links, you acknowledge and agree that you are leaving a Company Property and visiting a website not controlled by us.
1.2 Lead Generation. Certain parts of the Services may offer you the opportunity to be contacted by third-party suppliers and others for specific services. By providing your contact information in connection with these Services, you expressly consent to being contacted by these third parties using the information you provide. You understand and agree that we hold no responsibility or liability for any products, work estimates, or services provided by these third parties.
1.3 Company’s Privacy Policy. The Company’s information collection and use policies regarding the privacy of Registration Data and any other data you provide or that we collect are detailed in our Privacy Policy, which is incorporated by reference into this Agreement.
- User Content
2.1 Responsible Party for Content. You acknowledge and agree that any user-generated content posted, displayed, or performed on or through the Services is the sole responsibility of the individual or entity who created it. This means that each user is entirely accountable for all content they make available through the Services, whether solicited by the Company or not, including submissions such as ideas, suggestions, documents, and proposals (“User Content”). The Company is not obligated to pre-screen any User Content. You agree to use all User Content and interact with other users at your own risk. While the Company reserves the right to pre-screen, review, refuse, or remove any content at its discretion, it is not obligated to do so. The Company may remove any content that violates this Agreement or is deemed objectionable in its sole discretion. Additionally, the Company reserves the right to disclose information as required by law or governmental request, or to edit, refuse to post, or remove any information or materials that violate this Agreement, the Company’s policies, or applicable law.
2.2 Ownership of Your Content. The Company does not assert ownership over any User Content you provide on the Services (“Your Content”). However, by posting or publishing Your Content on the Services, you affirm that you possess all necessary rights to grant the license outlined in Section 2.3 to the Company. With the exception of Your Content, you acknowledge that you hold no rights or title to any other content featured on the Services.
2.3 License to Your Content. Subject to any applicable Account settings you choose or license agreement you agree to when posting or submitting Your Content on the Services, you grant the Company, its agents, suppliers, and authorized parties an irrevocable, non-exclusive, perpetual, worldwide, royalty-free license to use, copy, display, perform publicly, transmit, modify, publish, distribute, create derivative works of, sublicense, and exploit Your Content (in whole or in part) in any manner or medium now known or developed in the future (including print and electronic formats) for any purpose, commercial or non-commercial. This license encompasses the exploitation of any proprietary rights in Your Content, including copyright, trademark, trade secret, patent, or other intellectual property rights, waiving any moral rights you may have in Your Content. By granting these rights, you authorize the Company and its authorized parties to identify you as the author of Your Content using your name, email address, or username, as deemed appropriate by the Company. You will not receive any compensation for the use of Your Content. Note that other users may access, use, modify, and reproduce Your Content submitted to any “public” area of the Services. Therefore, exercise caution and discretion when disclosing personal information about yourself or others, and avoid sharing sensitive, embarrassing, proprietary, or confidential information in any public areas of the Services.
2.4 Ratings and Reviews. Ratings and reviews contributed by users on our Services constitute User Content and are not endorsed by the Company. They do not reflect the views of the Company. To the maximum extent permitted by law, the Company disclaims liability for ratings and reviews, including any claims for economic loss arising from them. As we expect users to maintain high integrity regarding ratings and reviews on the Services, you agree to the following: (a) Base any rating or review solely on your actual, first-hand experience with the relevant business, product, or service; (b) Refrain from providing ratings or reviews for any business, product, or service in which you have a competitive, ownership, economic interest, employment relationship, or any other affiliation; (c) Avoid submitting ratings or reviews in exchange for payment or other benefits from any individual or entity; and (d) Ensure that your review complies with the terms of this Agreement. If we determine, at our sole discretion, that any rating or review undermines the integrity of the ratings and reviews or violates the terms or spirit of this Agreement, we reserve the right to exclude, prohibit, or remove such User Content without notice.
2.5 Other Restrictions on User Conduct. You agree to abide by this Agreement and applicable law when using the Services. You shall not (and shall not allow any third party to) (a) take any action or (b) post any content on or through the Services that: (i) violates any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without the Company’s prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any Company employee or representative, or misrepresents your affiliation with any other person or entity; or (vi) violates any other rules or regulations that we may post in connection with a particular feature of the Services. You are solely responsible for the content and consequences of your actions.
- Ownership of and License to Use Company Services
3.1 Use of the Services. With the exception of User Content, Company and its suppliers hold ownership or licensing rights to the necessary rights, title, and interests for the Services. The Services are safeguarded by copyright and other intellectual property laws globally. Under this Agreement, Company grants you a limited license to use the Services exclusively for your personal, non-commercial purposes. Any forthcoming release, update, or addition to the Services will also be governed by this Agreement. Company, its suppliers, and service providers retain all rights not explicitly granted in this Agreement.
3.2 Restrictions on Use of Services. You agree not to do any of the following:
(a) You are prohibited from licensing, selling, renting, leasing, transferring, assigning, reproducing, distributing, hosting, or otherwise commercially exploiting the Services or any part thereof.
(b) Do not frame or employ framing techniques to enclose any trademark, logo, or Services (including images, text, page layout, or form) of the Company.
(c) Avoid using any metatags or other “hidden text” containing Company’s name or trademarks.
(d) Modification, translation, adaptation, merging, creation of derivative works or services, circumvention, decryption, disassembly, decompilation, or reverse engineering of any part of the Services is strictly prohibited, except where expressly permitted by applicable law.
(e) Refrain from using any manual or automated software, devices, or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools, or similar) to “scrape,” harvest, or download data from the Services, except for operators of public search engines as provided herein.
(f) Usage of any data from the Services for the development of software programs (including training machine learning or artificial intelligence systems) is not allowed.
(g) Accessing the Services to build a similar or competitive website, application, or service is prohibited.
(h) Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
(i) Do not remove or destroy any copyright notices or other proprietary markings contained in or on the Services or use the Services in violation of any third party’s intellectual property or other proprietary or legal rights.
(j) Use the Services in compliance with all applicable laws.
(k) Do not attempt to gain unauthorized access to other computer systems through the Services.
(l) Do not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement.
(m) Avoid attempting to harm our Services or use them in a manner that could disrupt any party’s use or enjoyment of the Services. This includes but is not limited to violating security features, introducing harmful code, or interfering with other users’ use of the Services through overloading, flooding, spamming, mail bombing, or crashing. Unauthorized use of the Services terminates the licenses granted by Company pursuant to this Agreement.
3.3 Third-Party Links. The Services may include links to third-party services, such as third-party websites, applications, or advertisements (“Third-Party Links”). Clicking on such a link will not prompt a warning that you are leaving or have left the Services. Company does not manage or take responsibility for Third-Party Links. These links are provided solely for convenience, and the Company does not review, approve, monitor, endorse, warrant, or make any representations regarding them, or any content, products, or services accessible through such links. Your use of all Third-Party Links is at your own risk.
3.4 Embedded Video Links. Certain pages within the Services offer functionality for you to “embed” videos displayed on those pages onto other websites or blog pages (together with the Player, as defined herein, referred to as the “Embedded Video”). This functionality is provided by supplying you with the necessary HTML code to include on such pages to display the Embedded Video. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers, but the Embedded Video may appear to visitors of that page as part of the page’s content.
If you choose to embed a video on a page, you agree to the following terms: (i) You will not modify the Embedded Video in any way from how it is served from our servers, including its content, format, length, and associated advertising; (ii) You will not provide access to the Embedded Video through any video player or tool other than the Player provided by the Company when the Embedded Video appears; (iii) The Embedded Video may be used for commercial purposes, including on an advertising-supported page, provided that: (a) it is not included in, or used as part of, a service that sells access to video content; (b) it is not used for the development of any software program, including training machine learning or artificial intelligence systems; (c) advertising, sponsorship, or promotional messages are not inserted in or immediately adjacent to the Embedded Video or Player; and (d) if you sell any advertising, sponsorship, or promotional material to appear on the same page as the Embedded Video, the page must include other content not provided by the Company that justifies such sales.
You may not block, inhibit, modify, or disable any portion of the Player, including links back to Company’s Services. You understand and agree that all metrics related to the access and viewing of the Embedded Video will be credited to the Website. Without limiting any provision of these Terms of Service, we will have no liability to you for any reason related to your use of Embedded Video, and you agree to defend, indemnify, and hold us, our affiliates, and our affiliates’ directors, officers, employees, and agents harmless from any claims, liabilities, costs, and expenses, including attorneys’ fees, arising from your use of the Embedded Video.
- Indemnification and Limitation of Liability
4.1Indemnification. You agree to indemnify and hold the Company, its corporate parents, subsidiaries, affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively referred to as the “Company Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) related to or arising from claims regarding: (a) the infringement of the rights of any third party, including intellectual property rights, by Your Content; (b) your misuse of the Services; (c) your breach of this Agreement; (d) your infringement of the rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to fully cooperate with the Company in asserting any available defenses.
4.2Disclaimer of Warranties and Conditions. Your utilization of the Services and any products offered through them is subject to the fullest extent permitted by applicable law and is solely at your own risk. The Services and any products are provided on an “as is” and “as available” basis, with all faults. To the fullest extent allowed by applicable law, the Company Parties explicitly disclaim all warranties, representations, and conditions, whether express or implied, including but not limited to those regarding availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of the Services or information therein. Additionally, implied warranties or conditions such as merchantability, fitness for a particular purpose, title, and non-infringement arising from the use of the Services and products are disclaimed. The Company Parties bear no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, user communications, or personalization settings. They make no warranty, representation, or condition regarding the suitability of the Services or any products for your requirements or the uninterrupted, timely, secure, or error-free nature of your use of the Services. If you rely on any data or information obtained through our products or services, you do so at your own risk. You are solely accountable for any damage or loss resulting from your use of such data or information. Our products and services are not intended as substitutes for professional services or advice. It is recommended that you seek professional advice, as appropriate, concerning the evaluation of any specific information, opinion, advice, or other content, including but not limited to financial, health, or lifestyle information. Certain state laws may not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers, exclusions, and limitations may not apply, and you may have additional rights.
4.3 Disclaimer of Certain Damages. To the maximum extent permitted by applicable law, the Company Parties are not liable for any loss of profits or revenue or for indirect, incidental, punitive, exemplary, special, or consequential damages, or damages or costs resulting from loss of data, production, or use, business interruption, or procurement of substitute goods or services, regardless of whether Company has been informed of the potential for such damages.
4.4 Cap on Liability. Under no circumstances will the total aggregate amount that the Company Parties are liable to you exceed the greater of (a) the total amount actually paid to Company by you during the twelve-month period prior to the act, omission, or occurrence giving rise to such liability, or (b) one hundred dollars ($100). However, this cap on liability does not apply to the liability of a Company Party for (X) death, tangible property damage, or personal injury caused by a Company Party’s gross negligence, or for (Y) any injury caused by a Company Party’s fraud or fraudulent misrepresentation.
4.5 Basis of the Bargain. The limitations of damages outlined above are fundamental components of the agreement between Company and you regarding your access to and utilization of the Services.
4.6 Exclusions.
Some states’ laws do not permit the exclusion or limitation of certain damages. If these laws are applicable to you, some or all of the above disclaimers, exclusions, and limitations may not apply, and you may have additional rights.
4.7 Survival. You acknowledge and agree that the provisions in this section will remain in effect and survive any termination of your Account, this Agreement, or your access to the Services.
- General Provisions.
5.1 Disclaimer. The information accessible through the Services is provided solely for informational purposes and is provided on an “as is” basis, at the user’s sole risk. Company does not guarantee the accuracy, quality, or completeness of the information and shall not be held responsible or liable for any errors, omissions, or inaccuracies in the information, or for any user’s reliance on it. Users are solely responsible for verifying the information to ensure its suitability for their personal use.
5.2 Termination. At its sole discretion, Company reserves the right to modify, suspend, change, or discontinue the Services, or to modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. Additionally, besides restricting, suspending, or terminating your access to the Services, for any reason or no reason, Company also reserves the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, or injunctive remedies.
5.3 Procedure for Making Claims of Copyright Infringement. If you believe that content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of the location on the Services where the material that you claim is infringing is located.
- Your address, telephone number, and email address.
- A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: contact@goldretired.com. Company maintains a policy to terminate the service use privileges of all repeat infringers of copyright rights in appropriate circumstances.
Please Note: The Copyright Agent is not responsible for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.
5.4 Electronic Communications. The communications between you and Company are conducted through electronic means, whether you visit the Services, send Company emails, or receive notices from Company on the Services or via email. For contractual purposes, you (1) consent to receive communications from Company in electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents provided to you by Company electronically will have the same legal effect as if they were set forth in “writing.” This provision does not affect your statutory rights.
5.5 Notice. If Company requires you to provide an email address to receive notices and for other purposes, you are responsible for ensuring that Company has your most current email address. If the last email address you provided to Company is not valid or for any reason is unable to deliver notices required or permitted by this Agreement, Company’s dispatch of the email containing such notice will still be considered effective notice. You may give notice to the Company at the following address: contact@goldretired.com.
5.6 Governing Law and Exclusive Venue. This Agreement and any actions related to it will be governed and interpreted by and under the laws of the State of New York, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. To the extent permitted under this Agreement, if the parties initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to this Agreement will be exclusively litigated in the state courts in New York County, New York, or federal courts located in the Southern District of New York.
5.7 International Users. The Services are operated and provided by the Company from its facilities in the United States of America. Company does not make any representations that the Services are appropriate or available for use in other locations. Individuals who choose to access or use the Services from other countries do so voluntarily and are responsible for complying with local laws.
5.8 Export Control. You are prohibited from using, exporting, importing, or transferring the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. Specifically, but not limited to, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you confirm and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
5.9 Entire Agreement. This Agreement constitutes the final, complete, and exclusive agreement between the parties regarding the subject matter herein and supersedes and merges all prior discussions between the parties regarding such subject matter. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be considered a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner that reflects, as closely as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. This Agreement, as well as your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the prior written consent of Company. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be deemed null and void.
5.10 Questions, Complaints, Claims, Permissions. If you have any questions, complaints, or claims regarding the Services, please reach out to our customer service department using the contact information provided on the Services. We are committed to addressing your concerns to the best of our ability. For inquiries regarding usage and/or reprint permissions, please send an email to: [email address]. contact@goldretired.com.
5.11California Consumer Complaints. As per California Civil Code §1789.3, you have the right to report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can contact them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.