Terms and Conditions

Golden (formerly Namaste New York, LLC) Terms and Conditions of Use

Last Updated: December 27, 2021

Please read these Terms and Conditions of Use (the “Terms and Conditions” or “Agreement”) carefully before using our Website and/or Services (defined and described below). These Terms and Conditions constitute an agreement between Golden (formerly Namaste New York, LLC) and the users of Golden’s services. To avoid confusion, we will refer to Golden as “Golden” “Our” “We” or “Us”, and all users of our services as “You,” “Your,” “User” or “Golden Client(s)”. By using our Website and/or Services you hereby represent, warrant, understand, agree to and accept these Terms and Conditions in their entirety. You are also confirming that you agree to be bound by these Terms and Conditions as set forth in this Agreement. Before using our Services, you must agree to the Terms & Conditions set forth herein.

Golden may, and expressly reserves the right to, change, modify, supplement or update this Agreement at any time. This means that if you continue to use the Website and/or our Services after a revision of this Agreement has been made then that will be taken to be your declaration that you have accepted all of such changes, modifications, supplements or updates.

Accordingly, you are specifically advised to consult this Agreement each time you use our Website and/or our Services in order to view any changes, supplements or modifications to this Agreement. This Agreement was last modified, supplemented or changed as of the date indicated above.

In consideration for using the Services of Golden, you agree to the following Terms & Conditions:
Certain Golden Services are subject to additional policies, rules and terms and conditions (like our24 hour cancellation policy, for example) which will be set forth in other materials relating to those Services (“Additional Terms”). We will inform you of any additional terms prior to your booking of our Services.

1. Definitions

The term “Website”, as used in this Agreement, shall mean: the website of Golden which is located at www.heyitsgolden.com as it may be updated, relocated, or otherwise modified, supplemented, or changed from time to time, including without limitation through networks, embeddable widgets, downloadable software, mobile applications, and tablet computer applications.

The term “Services” shall mean and include: (a) the use of the Website’s web pages and mobile application pages, data, analyses, screens, reports, documentation and other information of any kind that are accessible through the Website, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein; and (b) access to, and the arrangement and consummation of, appointment bookings by You with Golden professionals (“Golden Vendors”); and (c) those wellness services provided by Golden Vendors to You.

2. Appointment Booking Procedures

We are so glad that you’ve chosen to book your appointment through Golden. In consideration for making an appointment with Golden, You agree to the following appointment booking terms:

2.1 Prices: Prior to confirming your appointment, we will provide you with the fees for the requested service. Prices for our Services may be changed by Golden at any time in its sole discretion. Note that fees for Services may vary depending on a variety of factors such as length, day, time, or location of appointment.

2.2 No Liability: Golden shall not have any liability whatsoever for any of the services provided by Golden Vendors. Golden Vendors bear sole liability for all of the services provided, including those services that are booked either: through the Website or mobile application; directly through Golden; or directly with the Golden Vendor. Golden will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands, or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using Golden’s Website, mobile application and/or Services, you do hereby represent, understand, and expressly agree to hold Golden harmless for any claim or controversy that may arise from any dispute between you and any Golden Vendor.

2.3 Appropriate Behavior Required: You understand that Golden Vendors are professionals who are being asked to render their professional services. Golden does not tolerate any requests deemed sexual or inappropriate in nature. Golden Clients who are reported for inappropriate behavior will be immediately prohibited from using our Website and/or our Services.

2.4 Understanding Your Physical Health and Limitations: You agree that Golden wellness services should not be used if you (the Golden Client) is on any medication, or has a medical condition, that would be likely to be negatively impacted by the services being requested by you, such as: conditions that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; having edema due to chronic heart failure or kidney failure; having an inflammatory condition in the acute stage; having acute phlebitis and/or deep venous thrombosis; having had an acute trauma or recent surgery; being in the first trimester of pregnancy; or anything else where the particular wellness service is otherwise contraindicated. You should consult a physician if uncertain as to whether a particular wellness service is appropriate for you. By requesting a particular service, you are representing, warranting, and certifying that you have no medical conditions that would be negatively impacted by the requested Services.

2.5 Assumption of Risk: When booking an appointment and by signing this Agreement you are expressly agreeing to assume all risks associated with using Golden’s Website and/or Services, including but not limited to all of the risks associated with any online or offline interactions with Golden Vendors.

2.6 Responsibility for Payment: You agree to pay to Golden all amounts invoiced to you for wellness services delivered by a Golden Vendor, whether or not you dispute the amount of the charge or the quality or nature of the services provided.

2.7 Dispute Resolution: Although Golden retains the right to mediate any dispute between you and a Golden Vendor, all disputes between you and such Golden Vendor must ultimately be resolved by you, the Golden Client. All sales booked through Golden are final. Refunds are provided at the discretion of Golden.

2.8 Terms for All Appointments: This Agreement applies to all appointments booked through Golden and/or a Golden Vendor.

3. User Responsibilities and Eligibility for Use of Golden Services

In order to become a Golden Client, you MUST:

Provide Golden with accurate information. Golden requires you to provide current, complete and accurate information to Golden, as requested. You acknowledge that in the event you provide any information to Golden which is untrue, inaccurate, not current or incomplete, Golden may terminate this Agreement and your continued access and use of our Website and our Services.
Be at least eighteen (18) years of age and have the legal right and ability to enter into this Agreement. You represent and warrant that you are at least eighteen (18) years of age (even if booking an appointment for a minor for whom you are the parent or legal guardian). You possess the legal right and ability to enter into this Agreement (and, if you are using our Website or Services on behalf of an individual, company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind such individual or organization to this Agreement, and agree to be bound by the Agreement on behalf of such individual or organization).
Have not been previously suspended from using our Website or Services. You warrant, agree, and represent that you have not been previously suspended or removed from our Website or Services.
Maintain security and confidentiality of any account that you create with Golden. You are entirely responsible for maintaining the security and confidentiality of any account, username and password that you may make through our Website. You agree to notify Golden immediately of any unauthorized use of your account, your username, your password, or any other breach of security. To notify us, contact us at book@heyitsgolden.com. You are responsible for all uses of the Website or Services occurring under your user name and password, as it may change from time to time. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen or been used in an unauthorized way. Golden will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Golden or another party due to someone else using your account or password.
Agree to take reasonable precautions. You understand and agree to take reasonable precautions to ensure your safety and security before, after, and during the performance of all Golden Services, including: securing your personal belongings such as valuable personal items like jewelry, electronics, heirlooms, antiques, and works of art/sculptures; protecting the confidentiality of all personal information (such as bank information, credit card information, social security number, passwords, alarm codes, keys, confidential medical information etc.); and supervising all interactions between Golden Vendors and any individuals under the age of 18.
Exercise professionalism. Golden strives to create a loving community of high functioning and grounded individuals committed to self-care and wellness. Exercise the golden rule and treat Golden Vendors the way that you would want to be treated.

You may NOT under any circumstances:

use Golden’s Website and/or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of our Website and/or Services;
attempt to gain unauthorized access to the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means;
provide false or inaccurate information to Golden;
use, copy, install, transfer or distribute our Website and/or Services, except as specifically permitted by this Agreement;
remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained through the Website or the use of the Services;
bypass any robot exclusion headers or other measures we take to restrict access to our Website or Services or use any software, technology, or device to scrape, spider, or crawl our Website or harvest or manipulate data;
create user accounts by automated means or under false or fraudulent pretenses;
probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
express or imply that any statements you make are endorsed by Golden, without Golden’s prior written consent in each instance;
transmit any material, non-public information about individuals including Golden Clients or Golden Vendors without the authorization to do so; or
divulge any trade secret of any third party.

Golden may take all actions necessary, including any legal action and implement any technical remedies, to prevent the violation of these provisions and to enforce this Agreement. Golden’s policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy. By accepting this Agreement, you acknowledge your agreement with Golden’s Privacy Policy.

4. Medical Releases and Disclaimers

4.1 Information provided by Golden and its Vendors does not constitute medical advice. Material appearing on our Website or learned during through the use of our Services is provided for informational use only and shall not be construed as professional medical advice. Our Website and/or Services are not intended to substitute for professional medical advice, diagnosis, or treatment. You agree and represent that you will not rely on our Website and/or Services as a substitute for professional medical advice and you will always seek the advice of your doctor or other healthcare provider with any questions that you may have regarding your medical issues. No medical professional/patient relationship is created by using our Website and/or Services.

4.2 Use of Confidential Information Gained During Appointments. Golden prides itself on offering you continuity of care. This means that Golden Vendors will be sharing any confidential information about you that they deem relevant. This confidential information will be shared with Golden and any subsequent Golden Vendors who are working with you. The information will be used for the sole purpose of offering you the best care and service possible.

5. Security Precautions

5.1 Golden requests copies of Golden Vendors’ licenses and other background information. Not all Golden Vendors are required to have licenses with respect to the services that they render. Golden does not and cannot guarantee the accuracy or completeness of any such information-gathering or that a particular provider is qualified or licensed to perform any given service. You should exercise common sense and caution and independent verification of the qualifications and abilities and background of Golden Vendors to protect your and others’ personal property and personal safety, including the Reasonable Precautions set forth in section 3 above.

5.2 You acknowledge and agree that it is your own responsibility to take reasonable precautions in all actions and interactions with any third party including but not limited to Golden Vendors you interact with through the Golden Website or Golden’s Services. See also Sec. 3.

6. Term and Termination

6.1 Term. The term of this Agreement (the “Term”) shall commence on the date on which you first access or utilize the Services and/or Website in any way (the “Effective Date”) and will continue so long as you continue to access or utilize the Services or the Website; provided that Golden reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of this Agreement including, without limitation, the suspension or termination of your access and/or account, or blocking you from access to the Services and/or Website. Golden may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Golden reserves the right at all times to disclose any information as Golden deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Golden’s sole discretion.

6.2 Effect of Termination. The terms of this Agreement shall survive expiration or termination of your relationship with Golden. Payments by you, which accrue or are due before termination of your relationship with Golden, shall continue to be payable by you, and amounts owed to Golden at the time of such termination or expiration shall continue to be owed by you, after such expiration or termination.

7. Ownership

7.1 Proprietary Information. You acknowledge and agree that: (i) the Website and/or Services, including, without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Golden and its third party Content Providers (“Content Providers”), as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Golden; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to this Agreement; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to this Agreement.

7.2 Confidentiality. You hereby acknowledge that Golden may disclose to you, as part of or in conjunction with Proprietary Information, valuable confidential information of Golden. You agree to hold all such confidential information in confidence and not to disclose such confidential information to anyone other than your employees with a bona fide need to know, provided such employees are governed by a parallel confidentiality obligation of equal or greater force. Additionally, you agree to use at least that degree of care which you use to protect your own information of a similar confidential nature, but in no event less than reasonable protection. Excluded from such confidential information is information which, as proven by you by clear and convincing evidence, was in your possession without confidential limitation prior to disclosure, is known or becomes known to the general public without breach of this Agreement, is received rightfully by you without confidentiality limitations from a third party, or is disclosed publicly by Golden without substantially similar confidentiality restrictions. This confidentiality obligation is to survive the termination, expiration or cancellation of this Agreement for any cause whatsoever, and to remain in force in perpetuity.

7.3 Competitive Services. You are prohibited from developing, marketing, or selling, and shall not, develop, market or sell or help to develop, market or sell any competitive service based on or derived in any way from the use of the Website and/or Services or from Proprietary Information or from the benefits of know-how resulting from access to or work with Golden’s confidential information. The term “benefits of know how” means information in non-tangible form which may be retained by persons who have had access to the confidential information, including ideas, concepts, know how or techniques contained therein.

7.4 Trademarks. You acknowledge that Golden has acquired, and is the owner of, trademark rights in the name and word mark "Golden" and in the other marks and design marks displayed on the Website. You acknowledge that this name and these marks are famous and internationally known. You shall not, at any time or for any reason, challenge the validity of, or Golden’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of the foregoing name and marks by you shall inure exclusively to the benefit of Golden. All marks shown on the Website but not owned by Golden are the property of their respective owners.

7.5 Copyright Notices/Complaints. It is Golden’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting Golden (at the address specified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Golden’s agent for copyright issues relating to this Website is as follows:

Copyright Agent
Golden
P.O. Box 1261
Weston, Connecticut 06883

In an effort to protect the rights of copyright owners, Golden maintains a policy for the termination, in appropriate circumstances, of users of this Website and/or our Services who are repeat infringers.[A1] [A2]

8. Disclaimer of Warranty

8.1 Golden’s Website and Services are provided “AS IS” with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. You acknowledge that, because of the nature of the internet, mobile networks, and the devices which access the internet and/or mobile networks, the service may not be accessible when needed, and that information, data, audio and video transmitted over the internet and/or mobile networks may be subject to interruption or third party interception and modification. Golden disclaims any and all warranties or conditions, express or implied, including, but not limited to the implied warranties or conditions of merchantability, fitness for a particular purpose, quiet enjoyment, accuracy of informational content, and absence of viruses and damaging or disabling code. None of Golden, its affiliates or service providers, Golden’s content providers and/or their respective affiliates, subsidiaries nor the employees, agents and/or contractors (collectively, the “Golden parties”) warrant the accuracy, completeness, or timeliness of the Website and/or the Service. Golden cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of content and information accessed through the website or services. You expressly agree that your use of the Website and Services and your reliance upon any of the respective content is at your sole risk.

8.2 You acknowledge that any information you obtain from Golden Vendors comes from those individuals, and not from Golden, and that Golden is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. Golden disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of this Agreement. If you are dissatisfied with the Website or Services, your sole and exclusive remedy is to discontinue accessing and using the Website or Services.

8.3 Incidental Damages and Aggregate Liability. In no event will Golden be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Website and/or Services, including without limitation damages related to any information received from the Website or Services, removal of content from the Website, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your ability to access the Website or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Golden, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Under no circumstances will Golden’s aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services or the Website, exceed the price paid by you for your account, or, if you have not paid Golden for the use of any services, the amount of $100.00 or its equivalent.

8.4 No Liability for Non-Golden Actions. To the maximum extent permitted by applicable law, in no event will Golden be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from anyone's reliance on information or other content posted on the Website, or transmitted to or by any users or any other interactions with other registered users of the Website or Services, whether online or offline. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.

8.5 In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Golden makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

9. Limitation of Liability

9.1 Each user is solely responsible for (i) his or her use of the Website or Services, and (ii) any damages incurred by him or her or any third party that arise from or are related to the Website or Services. None of the Golden parties will be liable to you or any third party for any damages arising from or relating to this agreement or the Website or Services, except to the extent such damages are determined by a court of competent jurisdiction to have arisen directly from a willful breach by Golden of any of its express obligations hereunder. In the event of such a finding, the aggregate liability of the Golden parties for any damages, whether arising in contract, tort or otherwise, shall be limited to actual damages proved, and not to exceed the amount paid by you to Golden for the use of the website or services. Notwithstanding anything to the contrary set forth herein, none of the Golden parties shall be liable for any punitive, special, indirect or consequential damages, even if Golden or its content providers have been advised of the possibility of such damages.

9.2 None of the Golden parties shall have any liability whatsoever for any losses; costs or damages of any kind incurred or suffered by you as a result of services provided by any of the Golden Vendors

9.3 You hereby release Golden and hold its licensors and suppliers and Vendors harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of any services provided. You waive the provisions of, or benefits or rights conferred under, any state or local law limiting or prohibiting a general release (including but not limited to California Civil Code section 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him, must have materially affected his settlement with the debtor.”). However, if you reside in a state that does not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above limitations may not apply to you, and you might have additional rights. To the extent this limitation on liability is prohibited, Golden’s sole obligation to you for damages shall be limited to us $100.00.

You represent that you have independently investigated the advisability of using the services made available to you by Golden and the possible risks involved in using such services. You agree to maintain your own insurance covering such risks and will look solely to such insurance for reimbursement of any resulting damages. You also represent that you have read this entire waiver and liability release, or had it read to you, that you fully understand it and that you intend to relieve Golden, its directors, officers and employees and its successors and assigns from any and all liability for personal injury, loss of property, property damage or wrongful death caused by negligence or any other cause, to the extent allowed by law. Any dispute, claim or controversy arising out of or relating to the foregoing waiver and release shall be determined by arbitration in New York County, state of New York before a single arbitrator having experience in the financial services industry. The arbitration shall be administered by JAMS pursuant to JAMS’ streamlined arbitration rules and procedures.

10. Force Majeure

Golden shall not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Golden’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Golden in fulfilling its obligations hereunder.

11. Indemnification and Release

You shall defend, indemnify and hold Golden, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys’ fees and lost revenues) arising from: (i) any and all breaches by you of this Agreement or any representation, warranty or covenant contained herein; (ii) any and all use of the Services not specifically authorized hereunder and on the Website; and (iii) any and all claims and actions against Golden by other parties to whom you allow access to the Website or Services.

You further waive, release and forever discharge Golden and its officers, agents, employees, representatives, executors, affiliates, and all others acting on their behalf (individually and collectively, the “Released Parties”), from any and all responsibility or liability for injuries or damages resulting from your participation in the activities of Golden and/or any Golden Services, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with your participation in any activities of Golden and/or any program or services offered by Golden.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.

12. Additional Service Features

The Website may contain information on products, and services provided by third parties, including its Providers, and links (including advertisements) to third-party websites. This information and these products, services, and links are provided only as a convenience to users. Golden does not review or control this information or these products, services, or other web sites, and Golden does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Golden with respect to any third party or its web site or content, or any information, products, or services provided by that third party. Golden is under no obligation to maintain any link on the Website and may remove a link at any time in its sole discretion for any reason whatsoever.

13. Inadequacy of Legal Remedy

You acknowledge that Golden’s legal remedies (including the recovery of damages) are not sufficient in the event of any breach by you of any provisions of this Agreement regarding the ownership, use, copying or distribution of the Website or the Services and that Golden would suffer continuing and irreparable injury to its business as a direct result of such breach. Therefore, in the event of any such breach, you consent to entry of any injunctive relief necessary to prevent or cure such breach (including temporary and preliminary relief, and relief by order of specific performance), without the posting of any bond or other security or proof of actual damages or irreparable harm.

14. Place for all Disputes

All disputes arising out of this Agreement or the performance thereof shall be determined exclusively under the laws of the State of New York, without reference to its conflict-of-law provisions, and you consent to the personal jurisdiction of the state and federal courts located in New York County, New York. You shall not initiate any legal proceeding arising out of this Agreement or the performance thereof in any jurisdiction other than in the state or federal courts located in New York County, New York. In any proceeding to enforce Golden’s rights hereunder, Golden shall be awarded all of its costs and fees, including reasonable attorneys’ fees.

15. Entire Agreement; Variation

This Agreement and any license contained in Golden’s products set forth the entire agreement between Golden and you with respect to the Services; provided, however, that: (1) Golden Vendors will also be required to enter into a separate agreement; (2) Golden may enter into additional agreements with you; and (3) Golden reserves the right to modify this Agreement at any time at its sole discretion by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Website after such changes are posted. Unless otherwise indicated, any new Content added to this Website will also be subject to these Terms of Use effective upon the date of any such addition. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages and some of our mobile pages. You are responsible for checking these terms periodically for changes. If you continue to use the Website after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

16. Severability

If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provisions shall be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement shall not be affected thereby.

17. Notices

Notices to you may be issued by Golden via e-mail or by surface mail to your address on file with Golden, at Golden’s sole discretion. Notices to Golden by you shall be by email to book@heyitsgolden.com, or by recognized overnight express service, certified or registered mail, or personal delivery (in which case such notice shall be deemed given on the date of personal delivery, one business day after being deposited with the overnight express service, or five days after being deposited in the certified or registered mail).

18. Relationship of Parties

Nothing herein shall be deemed to create an employer-employee relationship between Golden and you, nor any agency, joint venture or partnership relationship between the parties. Neither party shall have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.

19. Jurisdictional Issues

Golden makes no representation or warranty that the content and materials on the Website or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Website or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Golden reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

20. Waiver

No delay, omission, or failure to exercise any right or remedy provided herein shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.

21. Assignment

Neither this Agreement nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Golden and any attempt to do so shall be null and void. However, Golden may assign or transfer this Agreement at any time without your permission.

22. Third-Party Beneficiaries

The provisions of this Agreement relating to the rights of Golden’s Content Providers are intended for the benefit of such Content Providers, and such Content Providers, as third-party beneficiaries, shall be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to this Agreement.