USE OF SITE
Welcome to our website (the “Site”). By accessing the Site, you agree to be bound by the terms and conditions below (the “Terms”). The Terms constitute a legal agreement between Goldthread LLC (“Goldthread”, “us” or “we”) and you that governs your use of the Site and our products and services. If you do not agree to all of the Terms, please do not use the Site.
We reserve the right to change or modify these Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site. Your continued use of the Site or order, receipt or use of our products will confirm your acceptance of such changes or modifications. You should frequently review these Terms to ensure that you understand the terms and conditions that apply. If you do not agree to the revised Terms, you may not use the Site.
ELIGIBILITY, REGISTRATION AND ACCOUNT
By using the Site, you represent and warrant that you (a) are 18 years of age or older; (b) will comply with all terms and conditions of these Terms; (c) do not have more than one account with us; and (d) will not use the Site or any Content (hereinafter defined) obtained from the Site for any purpose or in any manner that is unlawful or prohibited by these Terms.
Registration and/or login may be required to access certain portions of the Site. By creating an account, you agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your password and take responsibility for all activities that occur under your account and accept all risks of unauthorized access; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.
TERMS OF SALE
A. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will place your order in line for shipment.
B. Pricing and Availability
All prices for products (and applicable taxes and other charges) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
C. Payment Terms
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us (or our third party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
D. Shipping and Handling
All shipping charges are your responsibility, unless waived by us. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to products passes from us to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
E. Back Orders
If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise first. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
F. Cancellation Policy
All sales are final.
You agree that you shall not use the Site: (a) to engage in any harassing, threatening, intimidating, predatory or stalking conduct; (b) to impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (c) in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (d) in violation of ours or any third party’s intellectual property or other proprietary rights; (e) in violation of any applicable laws; (f) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (g) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (h) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; or (i) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof).
“Goldthread,” and other related marks, design marks, product names, feature names and related logos used in the Site or on our products are trademarks of Goldthread and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Site and our products constitute the service mark, trademark and/or trade dress of Goldthread and may not be copied imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners.
COPYRIGHT AND LIMITED LICENSE
All content appearing on the Site, including designs, text, graphics, pictures, information, data, software, sound files, other files and the selection, assembly and arrangement thereof (collectively, “Content”), is owned or licensed property of Goldthread or its licensors and is protected by U.S. and international copyright and other intellectual property laws. You are granted a limited license to use the Site for personal, non-commercial purposes only, in accordance with these Terms. You may view, download, print and copy Content for personal, non-commercial purposes only, provided that you do not modify or alter the Content or violate these Terms in any way. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from the Site, in whole or in part, without our prior written permission. All rights not expressly granted herein are reserved.
NUTRITION AND HEALTH INFORMATION
Any information pertaining to general nutrition or health are for informational purposes only and are not intended as (and should not be construed as or be a substitute for) professional medical advice, diagnosis or treatment. We are not engaged in rendering medical advice or services.
DISCLAIMER OF WARRANTIES
THE SITE, CONTENT AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GOLDTHREAD DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR FITNESS FOR PARTICULAR PURPOSE OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
GOLDTHREAD DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, CONTENT OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. GOLDTHREAD RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. GOLDTHREAD MAY MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS BE LIABLE FOR DAMAGES WHATSOEVER RELATED TO THE OPERATION, CONTENT OR USE OF THE SITE OR INABILITY TO USE THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO YOUR USE OF THE SITE OR ANY INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE SITE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
We reserve the right, without notice and in our sole discretion, to terminate your account and your license to use the Site and to block or prevent your future access to use the Site (a) if you violate any of these Terms; (b) for any other reason; or (c) for no reason.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
LINKS TO THIRD PARTY CONTENT
The Site may contain links to third-party web sites. These links are provided solely as a convenience to you. We do not endorse any content, materials or information available on such third party websites (“Third Party Content”) nor do we make any warranty or representation regarding same. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review such Third Party Content. You agree to use such Third Party Content at your own risk.
You agree to defend, indemnify and hold harmless us, our affiliates, subsidiaries, directors, officers, employees, agents, partners, licensors and service providers from any claim, actions or demand made by a third party, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, relating to or arising from: (a) your access to or use of the Site; (b) any violation by you of any of the provisions under these Terms or any applicable law; or (c) your violation of any rights of any other person or entity. This obligation shall survive the termination or expiration of these Terms and/or your use of the Site.
These Terms and our relationship between you and us shall be governed by the laws of the State of Massachusetts, without regard to conflict of law principles. You agree that any action arising out of, or relating to, the Terms, your purchase of products or use of the Site shall be brought in the federal or state courts located in Springfield, Massachusetts, and you hereby irrevocably submit to the exclusive jurisdiction of such courts for such purpose. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect.
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and us with respect to the Site, Content and products and supersede all prior or contemporaneous communications, agreements, and proposals. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. No provision of these Terms shall be waived except in writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
We make no claims that the Content, or any other content, materials displayed, distributed, made available or accessed through the Site, are appropriate or may be downloaded outside of the United States. Access to the Site and/or such materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.