This website, www.naturallivingshop.com (herein after referred to as “Website”), is operated by Gilden Enterprise LLC (hereinafter referred to as “Gilden” “our” “we,” or “us”) located at 1105 S Euclid St. Ste D 192, Fullerton, CA 92832.
Please read the terms below fully and carefully. This Terms of Use (herein after referred to as “Terms”) provides you, the user, with a personal, revocable, non-exclusive, non-transferable license to use the Website conditioned on your continued compliance with the terms and conditions of this Agreement. These Terms apply exclusively to your access to and use of this Website and do not alter in any way the terms and conditions of any other agreement you may have with our products, services or otherwise. Further, if you breach any of these Terms, your authorization to use this Website automatically terminates. If you do not agree to be bound the terms and conditions of this Agreement, do not use or access the Website.
We reserves the right at any time and from time to time to amend these Terms, the Privacy Policy, and/or any other policies relating to or under which this Website and its offerings are extended to you, and such changes will be effective upon being posted herein. You also agree that notices we may provide on the Website itself shall be deemed reasonable notice for this purpose, and shall be effective upon publication. You should visit this page each time you visit this Website to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to and acceptance of such changes.
GENERAL USE PROVISIONS; DISCLAIMER
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Content”), are provided either by Gilden or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Gilden and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Content may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Gilden and/or the Third Party Provider. Also, you may not “mirror” or “archive” any Content contained on the Website on any other server without Gilden’s prior express written permission.
Materials on this Website have been prepared by us for general informational purposes only. This site is controlled and operated by Gilden from its offices within the United States. We makes no representation that any of the Content on this Website is appropriate or available for use in other locations, and access to them from territories where the Content is illegal is prohibited. Those who choose to access the Website from other locations do so upon their own initiative and are responsible for compliance with applicable local laws. Further, you specifically 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.
Except where expressly provided otherwise by Gilden, nothing on the Website shall be construed to confer any license or ownership right in or to the Content, under any of Gilden’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the LEGAL CONTACT INFORMATION section below if you have any questions about obtaining such licenses. Content provided by Third Party Providers has not been independently reviewed, tested, certified, or authenticated in whole or in part by Gilden. We does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by us.
Any unauthorized use of any Content contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, federal and international laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Gilden controls and operates the Website and the services associated therewith. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You agree to accept responsibility for all activities that occur under your account or password.
ACCEPTANCE OF TERMS
By accessing, viewing, or using this Website, you indicate (i) that you understand and intend these Terms and Privacy Policy to be the legal equivalent of a signed, written contract, and equally binding, and (ii) that you agree to such Terms and Privacy Policy. Users may print and download materials and information on this Website solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a user may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Website. As a further condition of use of this Website, all users warrant to us that they will not use this Website for any purpose that is unlawful or otherwise prohibited by these Terms. Any rights not expressly granted herein are reserved.
GENERAL PROVISIONS: WEBSITE CONTENT LIMITATIONS
Products, Content and Specifications All features, Content, specifications, products, services, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time.
Billing and Payment
You agree to pay for all goods and services ordered from the Website and/or its Third Party Providers except as set forth in a writing signed by an authorized representative of Gilden. You will provide a valid and updated credit card or approved purchase order information and with complete and accurate billing and contact information. If you provide credit card information to the Website, you authorize us, or a credit card processor of our choosing, to bill such credit card. If We, in its sole and absolute discretion, permits you to make payment using a method other than pre-paying with a credit card, we will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due within thirty (30) days of the date of the invoice, unless stated otherwise on said invoice.
Shipping Limitations
When an order is placed by you, the order will be shipped to the address that you designate, as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to the SHIPPING & DELIVERY policy, and you should review SHIPPING & DELIVERY policy before completing any transactions with us.
Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out-of-date. We therefore make no representation or warranty as to any information on this Website being complete, accurate or current. For example, products included on the Website may be unavailable, and/or may have attributes different than those listed on the Website. In addition, we may make changes to information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
CONDUCT
You agree that you will not use the Website for any unlawful purpose. Your failure to comply with this rule may result in the immediate termination of your right to access or use the Website, without prior notice to you. Further, you will not use the Website to engage in any activity that is harmful, threatening, abusive, harassing, tortuous, invasive of another’s privacy or otherwise objectionable to any third party. You agree you will not impersonate any person or entity, including, but not limited to, an employee or officer of Gilden, or falsely state or otherwise misrepresent your affiliation with any person or entity. You agree not to upload, email, transmit or otherwise input any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Further, you will not use the Website to collect or store personally data about other users.
Account Termination
We may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
USER-GENERATED CONTENT; SUBMISSIONS
Except where expressly provided otherwise by the Gilden, all comments, feedback, material, information, ideas, designs, and data of any type submitted by any means to the Website through, in association with or in regard to the Website and/or any other Gilden goods or services (“Submissions”) shall be treated as non-confidential and non-proprietary, and shall be considered Gilden’s property. Such Submissions therefore may be disseminated or used by Gilden for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. This does include, but is not limited to, an express worldwide, royalty free, perpetual, non-revocable license to use said Submissions in any method Gilden sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. By providing such Submissions to the Website, you agree to assign to Gilden, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions except as expressly enumerated in the preceding sentence. Gilden shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Gilden, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, Gilden reserves the right to cancel or suspend your account. Furthermore, Gilden reserves the right to cancel or suspend your account if, in our sole discretion, we believe you are using the Website for improper purposes, or any purpose inconsistent with our business.
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the power and authority to enter into this Terms. Gilden warrants that it will provide the Website and all goods and services in a manner consistent with generally accepted industry standards. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Terms their behalf.
LICENSES
License from Gilden
You are being granted solely a revocable, limited license, in compliance with the terms of this page.
License from Customer
You grant to Gilden and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to the Gilden by you in the course of accessing and/or using the Website. Notwithstanding the foregoing, Gilden’s obligations regarding identification and other information concerning you shall be governed by the terms of the Privacy Policy available at http://www.Gilden.com/policy.html. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.
LINKS TO OTHER WEBSITES
The Website may contain links or have references to websites controlled by parties other than Gilden. We may provide such links in our sole discretion solely as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. If you use these links, you will leave the Website. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. You acknowledge and agree that Gilden is not responsible for the availability of these outside resources, has not reviewed all of these third party sites, does not control or endorse such sites, does not take any responsibility for the use of these third party websites, and is not responsible for any content, advertising, services, products or other material on or available from such sites or resources, or their policies, including privacy policies or lack thereof. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
You acknowledge that Gilden shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such content, goods or services available on or through any such sites or resources. You further acknowledge and agree that Gilden does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. Accordingly, Gilden expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
THIRD PARTY TRANSACTIONS
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Website, including payment and delivery of goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
DISCLAIMERS
WHILE Gilden ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON. YOU, THE USER, EXPRESSLY CHOOSE TO ASSUME ALL RISKS ASSOCIATED WITH MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND CONTENT AVAILABLE ON THIS SITE. Gilden MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Gilden, THE WEBSITE, INCLUDING ALL SUCH INFORMATION AND CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ARE FOR USE AS CONTRACTED HEREIN. Gilden EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTIES, CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Gilden AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE, THE CONTENT, THE GOODS, SERVICES, IMAGES OR DATA CONTAINED ON AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE CONTENT, GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS. Gilden DOES NOT CHECK THE ACCURACY, RELIABILITY OR SAFETY RELATED TO THE CONTENT IT DISPLAYS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS RECEIVED AT YOUR OWN RISK AND 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Gilden AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER Gilden NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR CONTENTS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. Gilden IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Gilden EXCEED $200.00. IN NO EVENT SHALL Gilden OR ITS THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR FOR ANY INFORMATION, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE ACCESSING OR USE OF THIS WEBSITE OR THE DELAY OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, REGARDLESS OF CAUSE, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO CUSTOMER IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO CUSTOMER’S INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gilden and its Third Party Providers against any and all claims, costs, losses, liabilities, demands, damages and expenses (including reasonable attorney’s fees and costs) finally awarded against Gilden and its Third Party Providers arising out of or in connection with a claim asserted by any third party due related to you, including but not limited to those claims arising from or in connection with: (a) your use of the Website; (b) any Submissions or any other materials you may upload, submit, post, or transmit through the Website; (c) your violation of these Terms, or (d) your violation of the rights of another. Gilden reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
Gilden shall have no indemnification obligation or other liability for any claim of infringement arising from (a) your use of the Website and/or the goods, services or Content associated with the Website other than in accordance with this Agreement; (b) the combination of the Website and/or the goods, services or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
NOTICES
General Notices
Gilden may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in Gilden’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Gilden’s account information. You may give notice to Gilden at any time by letter sent via confirmed facsimile to Gilden at: 1000 S. Washington Ave., Fullerton, CA 92832, or by letter delivered by registered mail with return receipt to:
All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website.
Copyright and Intellectual Property Agent for Notice
Furthermore, Gilden adheres to and complies with the Digital Millennium Copyright Act (“DMCA”). The Website’s Content may contain materials posted by third parties. If you believe that any Content on this Website infringes any copyright or other intellectual property interest, please provide Gilden’s Copyright and Intellectual Property Agent a notice in writing containing the following information (a “Notice”):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law;
(f) 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 other intellectual property right owner or authorized to act on the copyright or other intellectual property right owner’s behalf.
Gilden’s Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Website can be reached as follows:
Mailing Address:
Please Note: The contact information immediately above is provided exclusively for notifying us of copyright or other intellectual property infringement.
GOVERNING LAW; ARBITRATION
This Terms and the relationship between you and Gilden shall be will be governed by and construed in accordance with the laws of the State of California and controlling U.S. Federal law, without giving effect to any conflict of law principles or choice of law principles thereof. You and Gilden expressly agree to be subject to the personal and exclusive jurisdiction of the state and federal courts located in California. Any disputes, actions, claims or causes of action arising out of or in connection with this Terms or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in California and to arbitration as stated herein. At the request of Gilden, any controversy or claim related to this Terms (“Claim”) may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Terms provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Los Angeles, California or New York, New York. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of Gilden, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of these Terms. This paragraph does not limit the right of Gilden to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any controversy or dispute (whether or not arbitrated), arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.
MISCELLANEOUS
These Terms constitutes the entire agreement between you and Gilden and governs your use of the Website. Further, this Agreement represents the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. The failure of Gilden to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gilden in writing. You may not assign any of your rights or obligations under these Terms without the prior written approval of Gilden, and any purported assignment in violation of this section shall be deemed void ab initio. Gilden reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Content associated therewith. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions with respect to the invalid or unenforceable provision(s), with all other provisions of this Agreement remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Gilden and you as a result of these Terms or your use of the Website. 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 Website, or to these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any section titles in these Terms are for convenience only and have no legal or contractual effect or significance. Any and all rights not expressly granted herein are reserved by Gilden.
LEGAL AND MEDIA CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Content, please contact us at the address listed above.
