This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Goldfinch and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
- Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Goldfinch, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website without or prior written consent.
The Goldfinch name and all related names, logos, product and service names, designs and slogans are trademarks of Goldfinch or its affiliates or licensors. You must not use such marks without the prior written permission of Goldfinch. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm others in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Goldfinch, a Goldfinch employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Goldfinch or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- User Messages
The Website may contain interactive features (collectively, “Interactive Features”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Messages”) on or through the Website.
Any User Messages you post to the site will be considered non-confidential and non-proprietary. By providing any User Messages on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for according to your account settings and the right to incorporate all or any part of your User Messages into any of our products and services.
You represent and warrant that:
- You own or control all rights in and to the User Messages and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Messages you submit or contribute, and you, not Goldfinch, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Messages posted by you or any other user of the Website.
- Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Messages for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS GOLDFINCH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards
These content standards apply to any and all User Messages and use of Interactive Features. User Messages must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Messages must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- Include both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Brand Newland, Chief Executive Officer
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Offenders: We reserve the right to, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers or otherwise prevent them from posting any future User Messages.
- No Medical or Legal Advice; Reliance on Information Posted
Services provided by Goldfinch and the information presented on or through the Website, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics & other visuals, is made available for general information purposes only. It does not constitute or replace any professional medical advice, diagnosis, treatment, or recommendation of any kind. You should always seek the advice of a qualified healthcare professional with any questions or concerns you may have regarding the care or medical needs of yourself or your loved ones.
The information provided on the Website, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics & other visuals, does not, and is not intended to, constitute legal advice. Instead, all such information is for general informational purposes only. You should contact your attorney to obtain advice with respect to a particular legal matter. You should not act or refrain from acting on the basis of any information on the Website without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information and other materials available on the Website is applicable or appropriate to your particular situation. Use of, and access to, the Website or any of the resources contained on the Website do not create an attorney-client relationship between You and Goldfinch.
We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Goldfinch, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Goldfinch. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Not for Emergencies
Our Website is not for medical emergencies or other urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Website. If you believe you or your loved one have an emergency or other life-threatening situations, call 9-1-1 immediately.
You should always seek emergency help or follow-up care when recommended by an appropriate healthcare professional or when otherwise needed. You should continue to consult with an appropriate healthcare professional as they may recommend. Always seek the advice of an appropriate healthcare professional concerning questions you may have regarding a medical condition before stopping, starting, or modifying any treatment or medication for you or a loved one.
- Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the Website
- Online Purchases and Other Terms and Conditions
You may be able to order one or more additional services or upgrades on our Website. You agree that your order is an offer to license such services or upgrades, under these terms or other terms that may be made available for such services or upgrades. All orders must be accepted by us or we will not be obligated to license the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with the details of the services or upgrades you have ordered.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a service or upgrade will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges, and all such taxes and charges will be itemized before payment is made and will further itemized in your confirmation email.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order and before we make the additional services or upgrades available to you. We accept all major credit cards for purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. All fees for orders for additional services or upgrades are non-refundable and your use of the additional services or upgrades are non-transferable.
- Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw any permission to link to our Website without notice.
- Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
The owner of the Website is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GOLDFINCH NOR ANY PERSON ASSOCIATED WITH GOLDFINCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GOLDFINCH NOR ANYONE ASSOCIATED WITH GOLDFINCH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
GOLDFINCH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
In no event will Goldfinch, its affiliates or their respective licensors, service providers, employees, agents, officers or directors be liable for consequential, indirect, incidental, special, exemplary, special, punitive, or enhanced damages arising out of, or relating to, and/or in connection with your use, or inability to use, the Website, any Website’s linked to it, any content on the Website or such other Websites, or any services obtained through the Website or such other Websites, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, regardless of: (a) whether such damages were foreseeable; (b) whether or not Goldfinch was advised of the possibility of such damages; and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
In no event shall Goldfinch’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to Goldfinch for your access to, and use of, the Website pursuant to this agreement in the twelve (12) period preceding the event giving rise to the claim.
The limitation of liability provisions set forth in this Section 20 shall apply even if your remedies under this Agreement fail their essential purpose. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
- Governing Law and Jurisdiction
In any dispute, neither you nor Goldfinch will be entitled to join or consolidate claims by or against other Goldfinch users in court or otherwise participate in any claim as a class action representative, class member, or in a private attorney general capacity.
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
- Your Comments and Concerns; Feedback
This website is operated by Goldfinch Health; (833)453-3624; firstname.lastname@example.org.
All other feedback comments, requests for technical support and other communications relating to the Website (including requests or suggestions for new features or functionality related to our Website) (collectively, “Feedback”) should be directed to: email@example.com. You assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
September 21, 2019