GOLDEN EAGLE DISTRIBUTORS, INC.
WEBSITE TERMS OF USE
General
BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
Please read these Terms of Use carefully so that you fully understand your rights and responsibilities. You acknowledge and agree that you are of legal drinking age (21 years of age). If you are an under-aged person, you are not allowed to access or use the http://www.gedaz.com/ website ("Website"). You further acknowledge and agree that you must be of legal drinking age to purchase or consume any products or merchandise offered via this Website or to participate in any of our promotions or other offers on this Website or otherwise. You further acknowledge and agree that this Website will only be construed and evaluated according to United States law. If you use this Website from other locations you are responsible for compliance with all applicable local laws. Golden Eagle Distributors, Inc. ("Golden Eagle") makes no representations that the materials contained within this Website are appropriate for locations outside the United States. All information contained in this Website including, but not limited to, information regarding products and services, applies only to those products or services provided or offered within the United States.
Golden Eagle reserves the right to change these Terms of Use at any time and for any reason. If we decide to change the Terms of Use, we will post any changes on this Website. Any such changes shall be effective upon posting on the Website. By accessing the Website following the posting of changes to the Terms of Use, you agree to all such changes.
The information contained in this Website is current as of the date indicated thereon or, if no date is indicated, as of January 29, 2009, and may no longer be accurate on the date of your review of the material. Golden Eagle disclaims any obligation to update these materials.
These Terms of Use are agreed to by and between you and Golden Eagle. In consideration of your use of and access to this Website, and the promises and obligations in these Terms of Use, and intending to be legally bound, you and Golden Eagle hereby agree to all of the terms of these Terms of Use.
GOLDEN EAGLE INTELLECTUAL PROPERTY RIGHTS
Copyright 2000-2009 Golden Eagle Distributors, Inc. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this Website is copyrighted by Golden Eagle, unless otherwise noted. The distinctive and original layout and presentation of this Website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Golden Eagle or its affiliates appear throughout this Website, including Golden Eagle Distributors™, our logos, and various other names and marks. This Website may also contain references to third-party marks, and copies of third party copyrighted materials, which are the property of the respective owners. If you have any questions regarding a specific mark or any other Golden Eagle or third party intellectual property posted on this Website, please contact Golden Eagle as described below. Any unauthorized use of any such marks, trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
USE OF THIS WEBSITE
You understand and expressly agree that use of this Website is at your own risk, that any material or data downloaded or otherwise obtained through the use of the Website or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. By using this Website, you further understand and expressly agree that Golden Eagle shall not be liable to you for any damage resulting from your use of this Website, nor is Golden Eagle in any way responsible for the conduct of users, or information posted or exchanged on the Website.
This Website is intended to be for general reference purposes only. Although Golden Eagle endeavors to provide accurate information, Golden Eagle makes no guarantees with respect to any information provided on the Website, and disclaims any warranties with respect to the accuracy of information or other material on the Website.
You shall not, and shall not allow any third party to translate, reverse engineer, decompile, disassemble, modify or reproduce any software or other material on or accessible through this Website (collectively the "Software"), in whole or in part, or otherwise attempt to discover the source code, or prepare derivative works based upon the Software or distribute, sublicense, rent, lease, assign or otherwise transfer the Software, in whole or in part, to any third party, or use the Software on behalf of any third party, including without limitation for any dial-up, remote access, interactive, Internet-based or other on-line service.
By entering this Website you acknowledge and agree that any communication or material you transmit to this Website or to Golden Eagle, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Golden Eagle may be used by Golden Eagle anywhere, anytime, and for any reason whatsoever without compensation to you.
NO WARRANTY
This Website is provided by Golden Eagle on an "AS IS" basis. Golden Eagle disclaims all warranties with respect to this Website, and to any information, products or services available on this Website, including without limitation all express warranties and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Golden Eagle also makes no warranty or representation regarding the results that may be obtained from this Website, or regarding the accuracy or reliability of any information obtained from this Website, or that its services will meet any user's requirements, be uninterrupted, timely, secure or error free. Golden Eagle shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications.
No advice or information, whether oral or written, obtained by you from Golden Eagle or any of its affiliates, or in any other manner through this Website, shall create any warranty.
NO LIABILITY
Do not post on this Website, or transmit to this Website, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding the fact that Golden Eagle or other parties involved in creating, producing, or delivering this Website, may monitor or review transmissions, posting, discussions, or chats, Golden Eagle and all parties involved in creating, producing or delivering this Website, assume no responsibility or liability which may arise from the content thereof including, but not limited to, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
In no event shall Golden Eagle or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this Website or any linked Website, to any information or products, services or anything else obtained through this Website, or otherwise arising out of the use of this Website, or to the inability to use the Website, whether based in tort, contract, negligence, strict liability or otherwise, even if Golden Eagle has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this Website.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Golden Eagle, its affiliates, officers, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your use of this Website or the violation of these Terms of Use, including without limitation, your infringement, or infringement by any other users of your account, of any intellectual property or other right or policy of any person or Golden Eagle.
PRIVACY POLICY
Please click on the following link and carefully review the Privacy Policy for this Website: PRIVACY POLICY. By your access or use of this Website you hereby agree to the terms of the Privacy Policy, which are incorporated into these Terms of Use by reference.
OTHER SITES
This website may contain information or links to other entities or other websites. Any third parties and third party sites are not under Golden Eagle's control. Golden Eagle does not endorse any third parties or third party sites, and Golden Eagle disclaims any responsibility or liability for the contents, accuracy, content and policies of all third parties and third party sites. By entering this Website you acknowledge and agree that Golden Eagle has not reviewed all the third party sites linked to this Website and is not responsible for the content of any off-site pages or any other websites linked to the Website. Your linking to any other off-site pages or other websites is at your own risk.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
Golden Eagle respects the rights of intellectual property owners, and asks that its users do the same. Golden Eagle may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied, framed or otherwise used on this Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Copyright Agent for Golden Eagle for notice of claims of copyright or other intellectual property infringement ("Copyright Agent") the following information, pursuant to Section 512 of Title 17, United States Code:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. a description of the copyrighted work(s) that you claim has been infringed;
3.a description of the allegedly infringing material, including its location on the Website;
4.your address, telephone number, and e-mail 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; and
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 owner or authorized to act on the copyright owner's behalf.
Golden Eagle's Designated Copyright Agent can be reached as follows:
Golden Eagle Distributors, Inc.
Attn: Cyndy Valdez, Esq., Copyright Agent
705 E. Ajo Way
Tucson, Arizona 85713
Telephone: (520) 882-2410
Facsimile: (520) 884-4548
E-mail: cyndyv@gedaz.com
If Golden Eagle receives such a notification, Golden Eagle reserves the right to remove or delete the allegedly infringing material.
After receiving a notice of infringement that complies or substantially complies with the Digital Millennium Copyright Act ("DMCA"), Golden Eagle will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. Golden Eagle will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto. Any user whose material has been removed or disabled in accordance with this policy may provide Golden Eagle with a counter-notification under the DMCA. Such counter-notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
1.the user's electronic or physical signature;
2. identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. the user's name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which Golden Eagle may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Upon receipt of a proper counter-notification under the DMCA, Golden Eagle will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter-notification and inform that person that it will replace the removed material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, Golden Eagle will replace the removed material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless the designated Copyright Agent for Golden Eagle first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Website or Golden Eagle server.
AGREEMENT TO TERMS OF USE
By your access or use of this Website, you hereby agree to these Terms of Use. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained in the Terms of Use and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Golden Eagle. These Terms of Use will inure to the benefit of Golden Eagle's successors, assigns and licensees.
INTERPRETATION AND DISPUTES
These Terms of Use are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions, and exclusive jurisdiction resides in the courts of the State of Arizona, County of Pima. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court, then the court making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim made by you or any other viewer or user with respect to this Website must be commenced within one (1) year after the claim or cause of action arises.
ELECTRONIC COMMUNICATIONS
By entering this Website you acknowledge and agree that these Terms of Use create a valid and binding agreement. To the fullest extent permitted by law, these Terms of Use and any other documentation, agreements, notices or communications between you and Golden Eagle may be provided to you to the e-mail address you provide to Golden Eagle. You agree to receive all such documentation, agreements, notices or communications in electronic form. Please print a copy of all such documentation, agreements, notices or communications for your reference.
CONTACTING US
If you have any other questions or concerns regarding these Terms of Use, please contact us as follows:
By Mail:
Golden Eagle Distributors, Inc.
P.O. Box 27506
Tucson, AZ 85726-7506
By Telephone:
(520) 884-5999
By E-mail:
askged@gedaz.com
