TERMS OF SERVICE

For Use of the brentwoodresearch.com Site(s)

 

The Site(s) is operated by Brentwood Research, LLC d/b/a Goldisabetterway ("us/we/our").  All rights are hereby reserved with respect to our service marks, trademarks, logos and trade dress (“Marks”). “Site(s)” means the Site(s) located at www.goldisabetterway.com, any subsequent URL which may replace it, and all associated mobile site(s) and/or app(s), websites, URLs and micro sites provided by us.  

 

"You/your" means you as a user of the Site(s). “User” means all users of the Site(s). We offer the Site(s), including all information and services available from the Site(s) to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. 

 

Your continued use of the Site(s) constitutes your agreement to these Terms of Service.

 

By accessing the Site(s), you agree to be bound by the Terms of Service set forth herein.  If there is anything you do not understand, please email any inquiry to support@goldisabetterway.com. If at any time you do not agree to these Terms of Service, please do not use the Site(s).

 

You shall not use the SITE(S) for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the SITE(S) in a way that may cause the SITE(S) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of THE SITE(S) is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the SITE(S). 

 

1. Intellectual Property Ownership and Use 

 

1.1 You acknowledge and agree that the Marks, copyrights and any and all other intellectual property rights in all material or content contained within the Site(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

 

1.2 We grant you the limited right to access and make use of the Site(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Site(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b)  use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Site(s)’s name or our Marks; d) engage in any activity that interferes with the Site(s) or another user’s ability to use the Site(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site(s) and the goods or services offered on the Site(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.

 

1.3 You shall not use, copy, distribute, or exploit any of the Marks or Site Content in any manner without our prior written permission.  You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. LINKING TO THE SITE(S) INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE.

 

1.4 All Site Content and all materials and content contained within the Site(s), including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Site(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

 

2. Infringement Notice 

 

2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site(s), please notify us by sending an email to the following address: support@goldisabetterway.com.

 

2.2 In order for us to assist you more effectively, the notification should include all of the following: 

 

a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; 

b. A description of the copyrighted work or other right you claim has been infringed or violated; 

c. Information reasonably sufficient to locate the material in question on the Site(s); 

d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you; 

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and 

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner. 
 

3. Errors and Inaccuracies 

 

We strive to provide complete, accurate, up-to-date information on the Site(s). Unfortunately, despite those efforts, human or technological errors may occur. The Site(s) may contain typographical mistakes, inaccuracies, or omissions, and some information may incomplete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. 

 

4. Changes to Site(s) or These Terms of Service 

 

4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Site(s) or any portion of it. 

 

4.2 We may alter these Terms of Service from time to time, and your use of the Site(s) (or any part of the Site(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Service have been changed. If you do not agree to any change to the Terms of Service, then you must immediately stop using the Site(s). 

 

4.3 The Site(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site(s) or because of a failure, suspension or withdrawal of all or part of the Site(s). 

 

5. External Sites and Resources

 

We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources. 

 

6. Online Services

 

6.1 The Site(s) contains or may contain various interactive portions, such as a user forum, message board or other types of interactive features that allow users to post content on our Site(s) ("Online Services"). We have no obligation to offer and/or actively monitor the Online Services, however we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever. 

 

6.2 If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to support@goldisabetterway.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same. 

 

6.3 By using the Site(s), you agree that: 

 

a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right). 

b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. 

c. You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content. 

d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters. 

 

6.4 User Content may become public information, in whole or in part. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return. 

 

6.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not. 

 

6.6 If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised. 

 

6.7 If you choose to communicate or meet with other users of the Site(s), you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Site(s).

 

6.8 The Site(s) is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Site(s). 

 

7. Disclaimers

 

7.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITE(S). THE SITE(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. 

 

7.2 WE MAKE NO WARRANTY THAT THE SITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. 

 

7.3 AS SET FORTH IN THE SITE(S) PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE SITE(S) AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE SITE(S) BY YOU. 

 

8. Limitations on Liability

 

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

 

9. Indemnification

 

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE SITE(S) AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF SERVICE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT. 

 

10. Investigations of Violations of These Terms

 

We may investigate any reported violation of these Terms of Service and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. 

 

11. State Specific Notices

 

Notice for California Users

 

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

 

Notice For New Jersey Users  

 

Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.

 

12. UNSOLICITED BUSINESS PLANS, IDEAS, AND INVESTMENT OPPORTUNITIES

 

We do not accept unsolicited investment opportunities, business plans, intellectual property on an unsolicited basis.  If, notwithstanding the prior sentence, you choose to submit to us an unsolicited idea, business plan, intellectual property, or other material that you have deemed confidential, you must agree that it will be done on a non-confidential basis.  Therefore, unless your materials are protected by a federally registered patent or copyright, you should NOT provide us with any information or documents to which you wish to reserve a proprietary or intellectual property right, or which is otherwise confidential until we reach an agreement as to how such information should be handled.  Absent a written agreement, InFocus will receive your ideas, proposals, business plans, etc. on a non-confidential basis, and without such an agreement, you should only provide InFocus with information or documents that you are willing to allow us to use for any purpose and without any restriction, expectation of privacy or expectation of compensation.

 

13. CHOICE OF LAW, BINDING ARIBTRATION CLAUSE 

 

These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.

 

By visiting the Site(s) or using the Services, you agree that, except as otherwise specified herein, the laws of the State of California without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Site(s) and Services. 

 

We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: support@goldisabetterway.com.  The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

 

ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

 

Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS facility in Los Angeles, California.

 

Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

 

Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

 

Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures. 

 

Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). 

Notwithstanding the arbitration clause herein, the parties also agree that we may bring suit in a court located in Los Angeles, California, to enjoin infringement or other misuse of our intellectual property rights.  

 

Other. The Federal Arbitration Act and federal arbitration law apply to these Terms. Both you and we expressly waive any ability to maintain any class action proceedings in any forum.  
 

14. Class-Action Waiver

 

Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

15. Investigations of Violations of These Terms

 

We may investigate any reported violation of these Terms of Service and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. 

 

16. Miscellaneous

 

16.1 If any part of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Service. 

 

16.2 These Terms as well as our Privacy Policy located at https://app.goldisabetterway.com/privacy/, and any other terms or agreements that may be posted on the Site(s) (as may be amended from time to time) (“Site(s) Agreements”) contain the entire agreement between you and us relating to the Site(s) and your use of the Site(s) and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Site(s) Agreements. You confirm that, in agreeing to accept these Site(s) Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Site(s) Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Site(s) Agreements. These Site(s) Agreements will be exclusively governed by and construed in accordance with the laws of the State of California and, subject to the Arbitration Clause contained herein, the courts located in the City of Los Angeles, California will have exclusive jurisdiction in any dispute, except that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions (again subject to the arbitration clause contained herein).

 

16.3 To understand our privacy practices, please review our Privacy Statement which governs your visit to this Site, and which is hereby incorporated by reference into these terms.

 

17. Contact Information

 

You may send us notices or communicate with us by email to support@goldisabetterway.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email


 

DATE LAST MODIFIED: August 12, 2021

PRIVACY POLICY

 

Brentwood Research, LLC d/b/a Goldisabetterway and Advantage Gold and its subsidiaries and affiliates, (individually or collectively, “we/our/us”) respect your privacy and are committed to protecting it through our compliance with this policy.  

 

This policy describes the type of information we may collect from you and/or that you may provide us when you visit and/or use any Site(s), mobile site(s) and/or app(s) provided by us (individually or collectively, “Site(s)”).  “You/your/user(s)” means you as a user of our Site(s), including any information, tools, and services available from the Site(s), conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here, which you accept by continuing to utilize the Websites.  

 

Guide to Contents:

 

1. Scope

2. Information Collected

3. Use of your Personal Information

4. Sharing Personal Information with Third Parties

5. Non-Personally Identifiable Information  

6. Your Security 

7. Links to Other Site(s) 

8. Opt-Out 

9. Children 

10. Your California Privacy Rights 

11. Disclosure for Legal Purposes

12. Non-Confidential Information 

13. Assignment

14. International Uses

15. Disputes

16. Contact

 

1. Scope.  

 

1.1 We value our users and respect your privacy.  This Privacy Policy describes the Personal Information (as defined below) we collect about you online on the Site(s), why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information.

 

1.2 The Privacy Policy does not apply to information collected by us offline or through any other means, including any third party or any application or content (including advertising) that may link to or be accessible from or on the Websites. 

 

1.3. Although many areas of the Site(s) do not require registration and may be accessed by you without having to disclose any personal information, we, our affiliates, or our service providers and/or third-party advertisers may ask you for certain kinds of personal information, including but not limited to your name, email address, mailing address, telephone number, age, credit/debit card information, user name and password, demographic information and other information that might identify you as an individual (“Personal Information”).  The Personal Information we collect about you may also be combined or supplemented with information from other sources.  Any Personal Information used in any manner will be used consistent with this Privacy Policy. 

 

1.4 By accessing the Site(s), you acknowledge this Privacy Policy and agree to be bound by the terms hereof and the Terms of Service set forth on the Site(s). If there is anything you do not understand please email any inquiry to privacy@goldisabetterway.com. If at any time you do not agree to this Privacy Policy, please do not use the Site(s).  

 

1.5 We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Site(s). Amendments to this Privacy Policy will be posted at this URL and will be effective when posted.  It is your responsibility to review any such changes or updates and to check the Site(s) regularly to be sure you understand all terms and conditions, agreements and policies of the Site(s) and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Site(s) following the posting of any amendment, modification or change shall constitute your acceptance thereof.  

 

2. Information Collected. 

 

2.1 We may collect information that you provide directly to us.  You may provide different types of Personal Information to us when you engage in certain Site(s) activities, such as creating an account, registering for a webinar(s), ordering a product or service, submitting, posting or accessing various content or features, responding to and submitting a form(s), participating in our blogs, podcasts or forums, entering a sweepstakes, contest, promotion or other special initiative, signing up for a special offer, completing a survey, sending feedback, requesting or submitting information, applying for a job, or directly contacting us.  It is optional for you to engage in such activity, however, if you choose to do so, we may require that you provide us certain Personal Information.  Depending upon the activity, some of the information we ask you to provide is required and some is voluntary.  If you do not provide required information for a particular activity, you may not be permitted to engage in that activity.

 

2.2 We may also collect certain information automatically, including through use of cookies, web beacons and other technologies.  This information may include the following:  your browser and mobile device type, operating system and name of your Internet service provider; web pages you visit on the Site(s); IP address, browser type, profile information, geo-location information; information about your interactions with email messages, such as whether the messages were opened, and the links clicked in those emails; and standard server log information.  

 

2.3 We collect email lists and information related to meeting requests and marketing services.  When you use the Site(s), you may be given the option to subscribe to or to be added to our subscription or email list, to schedule a personal call/meeting and to request certain resource materials. Whether or not you select this/these option, your Personal Information may be shared with third parties consistent with this Privacy Policy. Subscriptions to the email list or call/meeting requests can be cancelled at any time. 

 

2.4 We collect Information provided when you set up your account/become a registered user.  You have the opportunity to create account(s) on the Site(s), which may include a shopping account with us. A shopping account may allow you to shop faster and easier, check on order status and history, post comments to the Site(s) and to use certain other features of the Site(s). Using your email and password of your choice, you may access your account online at any time to add, delete, or change information. The Personal Information provided by you is not used for any purpose other than as outlined in this Privacy Policy. If you ever use a public computer to access the Site(s) account, we strongly encourage you to log out at the conclusion of your session. By doing so, although your information may still be stored with us, it should not be accessible to anyone else from that computer.   

 

2.5 We collect information provided by registered users.  In creating an account and saving it for your next visit, you authorize us to store your name, address, email address, telephone number and other Personal Information that you may provide.  With the exception of email addresses, physical address and cell phone numbers, registered users’ voluntary personal profile information, including pictures, are displayed to other registered users in order to facilitate user interaction.  Registered users’ usernames are displayed to all users, although each verified user has the option of having his or her full name displayed to all users instead of his or her username.  We therefore encourage you to choose a username that is not your actual name. Under no circumstances are email addresses, physical addresses or cell phone numbers directly revealed to other users or disclosed to third parties other than as set forth in this Privacy Policy.

 

2.6 Payment processing information is not collected by us.  We may use a third-party(ies) for payment processing.  We do not receive or store your credit card or bank account information, and we do not want you to send us your credit card or bank account information by email or other means. Please review the terms of use and privacy policies of the third-party payment processor prior to providing Personal Information to them. 

 

3. Use of Your Personal Information.  

 

We may use the Personal Information we collect for various purposes, including to:

 

authenticate users

 

provide the materials, goods and/or services we offer and/or you request

 

enable you to participate in features such as sending and receiving invitations, surveys, reviews, blogs or forums, or to participate in special initiatives and to communicate with you about them

 

complete your purchase transactions, fulfill your orders, keep you informed about the status of our goods and services and your orders  

 

identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you 

market research and customized offers;

 

improve our services and merchandise selections, customer service, and overall Site(s) experience

 

analyze the use of our products and services and information about visitors to the Site(s)

 

update and maintain the accuracy of our information 

 

communicate with you by email, postal mail, telephone, text message, or other means about our company, our products, or other information that we believe may be of interest to you 

 

provide others with your information for the limited purposes described in this Privacy Policy

 

if you join our electronic mailing list, to send you our electronic communications, including our newsletters and our company announcements, alerts, notices, and updates 

 

send you notices of a transactional, administrative or relationship nature or as required by law.

 

4. Sharing Personal Information with Third Parties.  

 

4.1 We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you.  

 

4.2 We may also disclose your Personal Information to outside individuals and/or companies who help us:  bring you the products and services we offer; create, operate, and maintain the Site(s); and with specialized services such as payment processing, shipping, mail and e-mail distribution, mobile messaging, Site(s) hosting, monitoring, analytics, and mobile payment processing.  We provide these companies only with the information they need to perform their services. We may also work with third-parties, such as ad networks, analytics companies, and social networking platforms, and they may collect information about your online activities over time and across our sites and other online services. We require that these outside individuals and/or companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.  We may also contribute to or participate in cooperative databases, which give other companies access to Personal Information.  

 

4.3 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Site(s), to limit our legal liability and protect our rights or to protect the rights, property, or safety of users of the Site(s) or the public.

 

4.4 We may provide products or services jointly with certain third-party businesses.  We may share your Personal Information with such entities to help them deliver to you purchased goods and services, and to provide you with better service and to measure our program’s value.  Sharing this information will allow such affiliate providers to market products and services directly to you, should they so choose.  We will only share your Personal Information with affiliate providers with whom you engage in activities on the Site(s). 

 

4.5 In addition, if we go through a business transition, such as a merger, acquisition by another company or a financing, investment, support or funding, sharing or sale of all or a portion of our assets, your Personal Information will likely be among the assets shared or transferred.  If we engage in any of these types of transactions, your information will be subject to our Privacy Policy in effect at the time of the transfer or sharing of such information.  

 

5. Non-Personally Identifiable Information. 

 

5.1 Through your use of the Site(s), we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate.  We use NPII to maintain and administer the Site(s), analyze trends, gather demographic information, and comply with applicable law.  We may share this information with others without express notice to you or consent from you, and we may exploit, use, and disclose your NPII without limitation of any kind.

 

5.2 The Site(s) may use cookies. A cookie is a small piece of information sent by a Site(s) that is saved on your hard drive by your computer's browser. Cookies help us remember you when you return to the Site(s). Cookies also hold information to personalize and enhance your experience and to gather Site(s) statistical data, such as which pages are visited, the Internet provider's domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Site(s).  The information in the cookies lets us trace your "clickstream" activity (i.e., the paths taken by users of the Site(s) as they move from page to page) to enable us to better serve you by revealing which portions of the Site(s) are the most popular. Cookies contain absolutely no Personal Information. We may also allow our affiliate and service providers and advertisers to serve cookies from the Site(s) to allow them to assist us in various activities such as doing analysis and research on the effectiveness of the Site(s), its content and advertising.  Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org). 

 

5.3 We may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Site(s). Pixel tags help us analyze users’ online behavior and measure the effectiveness of the Site(s) and our advertising and marketing. Pixel tags or Clear gif files are tiny graphics with a unique label that work in a similar way to cookies and are used to monitor the user’s online activities.  In contrast to cookies that are saved on a user’s computer hard disk, clear gif files are embedded invisibly in websites and are about as big as the full stop at the end of this sentence.  Where appropriate, we may combine the information collected by such pixel tags with the Personal Information of our customers.  We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.  

 

5.4 Cookies, pixel tags, and/or other analytical tools that we may use on the Site(s) may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Site(s).  This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the Site(s) you visited immediately before coming to the Site(s). We do not otherwise track any information about your use of other Site(s).  Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.  We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Site(s) and your interaction with our advertising and other communications, but no Personal Information is shared with them. 

 

5.5 We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve the Site(s), to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes.  We may use and share aggregated and anonymous information to conduct market research and analysis for ourselves and/or for our business partners. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our service providers in order for them to perform services to or for us.  

 

5.6 We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base. 

 

5.7 Third Party Functionalities: The Site(s) contains links to and/or enables certain third-party functionalities to enhance your experience on the Site(s), including social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Site(s), you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them and are at your own risk.

 

6. Your Security.  

 

6.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Any payment transactions will be encrypted.  

 

6.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Site(s), any transmission of Personal Information is at your own risk.  We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism and we are not responsible for circumvention of any privacy settings or security measures contained on the Site(s).

 

7. Links to Other Site(s).  

 

7.1 While visiting the Site(s), you may link to websites operated by third parties or you may have come to the Site(s) using a link found in another website. This does not mean that we endorse these Site(s) or the goods or services they provide. We do not make any representations or warranties about any Site(s) that may be linked to the Site(s). Such other Site(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.

 

7.2 In addition, our privacy practices may differ from those of these other Site(s). If you provide Personal Information at one of those Site(s), you are subject to the privacy policy of the operator of that Site(s), not our Privacy Policy. Please make sure you understand any other website's privacy policy before providing Personal Information. 
 

8. Opt-Out.  

 

8.1 You may opt out of: (a) receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you; and/or (b) receiving promotional email communications and newsletters by emailing us at privacy@goldisabetterway.com.  Please allow up to ten (10) business days for changes to your email preferences to take effect.  During that time, you may continue to receive email communications from us that were already in process.  Opting out of receiving Site(s) communications will not affect your receipt of service-related communications such as payment confirmations.

 

8.2 Opting out of online and mobile website advertising.  You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.   

 

8.3 Our products and services may use Google Analytics Advertising Features and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit Google’s Ad Settings page, currently located at https://www.google.com/settings/ads/anonymous?sig=ACi0TChBBUZhbil6jSzh_t9gc_hilJmxPFILo3fzsOJJ6mtq1DpanjQIychv5x00ayD5xiJnE_7py3LRuGOQtj8YQx5_1ZS2FA&hl=en.  Website users can also access the Google Analytics Opt-Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout or http://tools.google.com/dlpage/gaoptout?hl=en.  We may also work with Facebook and Apple to provide analytics in connection with our Site(s), including our mobile applications. For more information about Facebook’s privacy practices, you may visit https://www.facebook.com/about/privacy, and for Apple’s privacy policy, click here http://www.apple.com/privacy/privacy-policy/.   

 

8.4 You may can opt out of receiving online behavioral or internet-based advertising by using the tools located at the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.  

 

8.5 When using the ad industry opt out tools described in Sections 8.2 through 8.4, note that:  (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention) but it won't be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out.  We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.

 

8.6 You can opt out of accepting cookies or disable them from your browser. The Help function on most browsers contains information on how you can set your browser to notify you before accepting cookies or can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Site(s) that are available to other users.  For example, we may use cookies to recognize you by name when you return to this site, so you don’t have to login again and provide your password.  

 

8.7 Registered users who have provided their cell phone number to us may remove it from within their personal profile settings. If you prefer not to receive text or wireless promotional communications on your mobile device, you can opt out by replying STOP. 

 

8.8 You may ask us to delete your Personal Information from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Site(s).  Please also update your Personal Information if it changes.

 

8.9 Registered users may terminate their registration at any time, for any reason, by contacting us. Terminating your registration will not necessarily remove previous public comments or other user content on public display on the Site(s).  You understand it may be impossible to delete Personal Information entirely because of backups and records of deletions.  If you wish to cancel your account on the Site(s) or delete your Personal Information previously provided to us, you may send your request to us at privacy@goldisabetterway.com and indicate in the body of your communication your request.   

 

8.10 If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received. 

 

9. Children.  

 

We do not permit persons under 18 years of age to use the Site(s), and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.  

 

10. Your California Privacy Rights.  

 

10.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Goldisabetterway, 12100 Wilshire Blvd., Suite 1450, Los Angeles, CA 90025 ATTN:  Privacy.  You must put the statement “Your California Privacy Rights” in the body of the request and state the name of our website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code. 

 

10.2 In addition, please note the following: 

 

(a) Users can visit the Site(s) anonymously; 

 

(b) We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering the Site(s);

 

(c) Our Privacy Policy link includes the word “Privacy” and can easily be found on the page specified above; 

 

(d) Users will be notified of any privacy policy changes on our Privacy Policy page;

 

(e) Users are able to change their Personal Information by emailing us or by calling us;

 

(f) Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and 

 

(g) We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Site(s) by third parties.  

 

11. Disclosure for Legal Purposes.  

 

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of fraud, improper or illegal conduct in connection with the Site(s), such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

 

12. Non-Confidential Information. 

 

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas, or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas, or comments, or unless we first obtain your permission. 
 

13. Assignment.  

 

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder. 

 

14. International User Notice.  

 

For international users, please note that it may be necessary to transfer your information internationally and your information may be transferred to and processed in the United States. For residents of the European Union -- the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy Policy. By using the Site(s), you agree to have your information used and transferred to the United States as set forth in this Privacy Policy. If you do not agree to this Privacy Policy, do not use the Site(s).

 

15. Disputes.  

 

Any disputes arising out of or regarding this Privacy Policy are subject to our Terms of Service and will be governed by the laws of the State of California, applicable to agreements made and performed in California.  Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in or near your area or Los Angeles, California.  The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

All disputes between you and Goldisabetterway.com will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Goldisabetterway.com or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Goldisabetterway.com or you pursuant to the following conditions:

 

(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Los Angeles, California.

 

(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

 

(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

 

(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

 

(e) Costs and Fees. You will be subject to a $250 filing fee to initiate arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with Goldisabetterway.com remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures. 

 

(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

 

(h) Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of California shall be applied, without regard to choice of laws. 

 

(i) Class Action Waiver.  The parties further expressly waive any ability to maintain any class action in any forum.  Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

16. Contact.  

 

Under certain circumstances you have a right to rectification, blocking and deletion of your stored personal data.  If you would like to make such a request and/or have any questions about your privacy or security at the Site(s), or wish to update your Personal Information, please send an email to privacy@goldisabetterway.com or write to us at Goldisabetterway, 12100 Wilshire Blvd., Suite 1450, Los Angeles, CA 90025 ATTN:  Privacy, and include your name, mailing address and email address in the message.  

 

 DATE LAST MODIFIED:  August 12, 2021

This website is for informational purposes only. No information contained on this website constitutes tax, legal, insurance or investment advice.
This website should not be considered a solicitation, offer or recommendation for the purchase or sale of any securities or other financial products and services discussed herein. 
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