website terms of use

Website Terms of Use

Last Modified: [June 2022]

  1. INTRODUCTION. These Terms of Use are entered into between You and [Gldn Hour Inc. our Inc.h

] (“Company” “we” or “us”).

  1. PARTIES. The term “you” or “your” refers to any user, purchaser, or visitor of [www.drinkgldnhour.com

] (“the Website”), including any content, services, functionality, mobile

applications, downloadable materials, and courses (“the Services”). By using this website

you agree that you are at least 18 years old or of legal age in your applicable jurisdiction

and eligible to form a binding contract with the Company. Collectively, you and Company

will be referred to as “the Parties.”

  1. ACCEPTANCE OF TERMS OF USE. The following Terms and Conditions “Terms of

Use” govern your use of and access to the Website and Services. The Terms of Use are

legally binding and it is your responsibility to read them before you begin to use the

Website or Services. By using and/or visiting this Website you accept and agree to be

bound and abide by these Terms of Use and Privacy Policy [Privacy Policy URL], which

is incorporated herein by reference.

  1. MODIFICATIONS TO THE TERMS OF USE. We reserve the right to update or

change the Terms of Use at any time in our sole discretion. All changes are effective

immediately once posted to the Website and apply to all access to and use of the Website

thereafter. It is therefore important that you review these Terms regularly to ensure you are

updated as to any changes. The “last modified” date at the top of this page reflects the last

date changes were made to the Terms of Use.

  1. PRIVACY. You agree that all information you provide to register with this Website,

including, but not limited to, through the use of any interactive features on the Website, is

governed by our Privacy Policy [Privacy Policy URL], and you consent to all actions we

take with respect to your information consistent with our Privacy Policy.

  1. ACCESS AND USE OF WEBSITE. Company reserves the right to modify or discontinue

the Website or Services, or any part thereof, temporarily or permanently, with or without

notice. You agree that Company will not be liable if for any reason all or any part of the

Website or Services are unavailable at any time or for any period.

  1. USER ACCOUNT. If you are provided with a username, password or any other account

information, you must treat such information as confidential. You may not provide your

username, password or other account information to another person or provide any other

person with access to the Website or Services using your username, password, or other

security information. You agree to notify us immediately of any authorized access to or

use of your account, username or password. You agree to exit your account at the end of

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each session and exercise caution when accessing an account from a public or shared

computer so that others are not able to view or record your personal information.

  1. INTELLECTUAL PROPERTY RIGHTS. All content and features on the Website,

including but not limited to information, software, images, text, designs, graphics, video,

audio, and the arrangement thereof, are owned by the Company, its licensors or other

providers of such material, and are protected by copyright, patent, trademark, trade secret

and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service

names, designs and slogans are trademarks of the Company or its licensors. You may not

use such trademarks or other intellectual property belonging to the Company without the

prior written consent of the Company.

  1. WEBSITE FOR PERSONAL USE. The Website and Services are solely for personal

and non-commercial use. You may not use the content or other materials for any

commercial purpose or for any noncommercial or commercial public display.

  1. NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative

works of, republish, transmit, sell, resell, or exploit any of the material on the Website,

except and only except as follows: i) You may print or download one copy of a reasonable

number of pages of the Website solely for your own personal, non-commercial use; ii) If

Company provides desktop, mobile or other applications for download you may download

a single copy to your computer or mobile device solely for your own personal, noncommercial

use.

  1. COPYRIGHT INFRINGEMENT NOTICE. If you believe your work has been copied

in a way that constitutes copyright infringement, or that your intellectual property rights

have been otherwise violated, you should notify gldn hour inc. of your claim at

sayhello@drinkgldnhour.com, as set forth in the Digital Millennium Copyright Act of 1998

(“DMCA”). To be effective your notification must be in writing and include the following

information:

  1. An electronic or physical signature of a person authorized to act on behalf of

the copyright owner;

  1. Identification of the copyrighted work that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on

the Service, with enough detail that we may find it on the Service;

  1. Your address, telephone number and email address;
  2. A statement by you, made under penalty of perjury, that the information in

your notice is accurate, and that you are the copyright or intellectual property

owner or authorized to act on behalf of the owner.

  1. REPEAT INFRINGER POLICY. In accordance with the DMCA and other applicable

law, the Company has a policy of terminating the user accounts of repeat infringers. We

may also at our sole discretion limit access to the Service and/or terminate the memberships

of any users who infringe any intellectual property rights of others, whether or not there is

any repeat infringement.

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  1. USER CONTRIBUTIONS. By submitting a comment, photo, video or other materials

onto our Website, you agree that we have a non-revocable commercial license to republish

your submission in whole or in part, unless you explicitly state in writing that we do not

have such permission.

  1. FEES. Fees for the Product are set forth on the Website. We

reserve the right to change the fees at any time.

  1. REFUND POLICY. Due to the immediate and direct access to the

Products we do not offer a refund of any kind.

  1. PAYMENT POLICY. You agree and warrant that all payment instrument, credit card and

related information, i.e. billing address, used in connection with any Service that is

provided for a fee, are correct and that you are authorized to use such payment instrument.

With regard to any payment plan, you agree to pay Company the amount specified in the

payment plan in accordance with the terms of such plan and this Terms of Use. You hereby

authorize Company to bill your payment instrument in accordance with the terms of the

applicable payment plan.

  1. RECURRING SUBSCRIPTIONS. If you select a Service with a recurring subscription

(autorenewal) you authorize Company to maintain your account and payment information

and charge that account automatically upon the renewal of the Service. If you wish to

terminate your subscription, you must email sayhello@drinkgldnhour.com, Jessica Dumona at least ten (10)

days prior to the renewal.

  1. LATE PAYMENTS. If payments are not made on time, you agree to pay interest on all

past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is

greater.

  1. CHARGEBACKS. You agree that you will request a refund prior to requesting a

chargeback with your financial institution. In the event you attempt to acquire a

chargeback, you will forfeit access to products and services from and by the Company. We

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may present proof of your consent to these Terms of Use and your access to the products

and services to the financial institution.

  1. THIRD PARTY WEBSITE LINKS. If Company, its Website or Services provide links

to other sites and resources provided by third parties, including links in advertisements or

sponsored links, these links are provided solely for your convenience. Company cannot

control the contents of third party websites and if you choose to access third party websites

you do so at your own risk. Company is not responsible for and does not endorse such third

party sites. You agree that Company will not be liable for any loss or damage that may

arise from your use of them.

  1. SOCIAL NETWORKING SERVICES. You may be able to enable or log into the

Service via various online third party services, such as social networking services (“Social

Networking Services”). Any information you provide to Social Networking Services that

is provided to us will be used stored and disclosed by us in accordance with our Privacy

Policy [link to Privacy Policy]. The manner in which your information is used, stored and

disclosed by Social Networking Services is governed solely by the policies of such third

parties and Company has no liability or responsibility for the actions of such third parties.

  1. MOBILE SERVICES. The Service may include certain services that are available via

mobile device “Mobile Services.” To the extent you access the Service through a mobile

device, your wireless service carrier’s standard charges, data rates and other fees may

apply. By using the Mobile Services, you agree that we may communicate with you by

SMS, MMS, text messages or other electronic means to your mobile device and that certain

information about your usage of the Mobile Services may be communicated to us.

  1. USER CONDUCT AND CONTRIBUTIONS. These User Conduct Standards apply to

all Services on the Website, including all comments, code, video, images, information,

data, text, software, music, sound, photographs, graphics, messages or other material

(“User Content”) that you upload, publish, email or display via the Service or on the

Website. You are solely responsible for all User Content that you upload, publish, email or

display via the Service or on the Website. User Content must comply with all applicable

federal, state, local, and international laws and regulations. User Content must not: i)

Infringe on any patent, trademark, trade secret, copyright, or other intellectual property or

other rights of any other person or entity; ii) Contain software viruses or any other computer

code, files or programs designed to interrupt, destroy, or limit the functionality of any

computer software or hardware or telecommunications equipment or pose or create a

privacy or security risk to any person; iii) Interfere with or disrupt the Service or servers

or networks connected to the Service, or disobey any requirements, procedures, policies or

regulations of networks connected to the Service; iv) Contain any material that is

defamatory, obscene, indecent, pornographic, vulgar, abusive, offensive, harassing,

violent, hateful, inflammatory or otherwise objectionable; v) Cause annoyance,

inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any

other person; vi) Promote sexually explicit or pornographic material, violence or

discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

vii) Solicit personal information from anyone under the age of 18; viii) Promote any illegal

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activity or unlawful act; ix) Impersonate any person or entity, or misrepresent your identity

or affiliation with any person or organization; x) Harvest or collect email addresses or other

contact information of other users from the Service by electronic or other means for the

purposes of sending unsolicited emails or other unsolicited communications; xi) Involve

commercial activities or sales, such as contests, sweepstakes, and other sales promotions,

“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

The Company reserves the right to remove or disable access to any User Content for any

or no reason, including User Content that, in its sole discretion, it determines violates this

Terms of Use Agreement. The Company is not responsible for User Content nor does it

endorse any opinion contained in any User Content. You will indemnify and hold the

Company harmless from and against all damages, losses, and expenses of any kind

(including attorney’s fees) arising out of any claims related to your User Content.

  1. WEBSITE MONITORING / ENFORCEMENT. We have the right to monitor User

Content and to remove or refuse to post any User Content for any or no reason in our sole

discretion. We have the right to 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. We have the right to take appropriate

legal action, including without limitation, referral to law enforcement, for any illegal or

unauthorized use of the Website or User Content.

  1. TERMINATION. We have the right to terminate or suspend your access to the Website

or Services for any or no reason including without limitation, any violation of these Terms

of Use.

  1. GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim

any liability for any direct, indirect or consequential loss or damage incurred by you or

others in connection with our Website and Services, including without limitation any

liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss

of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts;

damage to or corruption of data; or any indirect or consequential loss, whether such loss or

damage was foreseeable or in the contemplation of the Parties, whether caused by

negligence, breach of contract or otherwise. Neither the Company nor any person

associated with the Company makes any warranty or representation with respect to the

completeness, security, reliability, quality, accuracy or availability of the Website or that

the Website will otherwise meet your needs or expectations. Neither the Company nor

anyone associated with the Company warrants that the Website, Services, its related

content, or any services obtained through the Website will be error-free, accurate, reliable,

or uninterrupted, that defects will be corrected, that the Website or the server that makes it

available are free from viruses or other harmful components. The foregoing does not affect

any liability that cannot be excluded or limited under applicable law. Website and Services

are for informational/educational purposes only. 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. The Company shall not be liable for any and all

liability 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. We are not medical,

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legal, financial or other professionals, or if we are, we are not acting in any professional

capacity, including medical, legal, financial or otherwise. Nothing on this Website and

Services should be construed as medical, legal, or financial advice.

  1. WARRANTIES DISCLAIMER. Your use of this Website, its content, Services or items

obtained through the Website is at your own risk. The Website, its content, 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, including but not limited to

the implied warranties of merchantability, fitness for a particular purpose, title and noninfringement.

  1. EARNINGS DISCLAIMER. While we may reference certain results, outcomes or

situations on this Website or Services, you understand and acknowledge that we make no

guarantee as to the accuracy of third party statements contained herein or the likelihood of

success for you as a result of these statements. You understand that individual results and

outcomes will vary. We cannot guarantee your success merely by your access, purchase

or completion of any material or products on the Website and Services. Any results

displayed on the Website or Services are not guaranteed or typical.

  1. THIRD PARTY DISCLAIMER. We are not liable for any defamatory, offensive or

illegal conduct of any third parties. To the fullest extent permitted by law, 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,

programs, data or other proprietary material due to your use of the website or any services

or items obtained through the Website. Where the Website contains links to other sites and

resources provided by third parties, these links are provided for your information only. We

have no control over the contents of those sites or resources and will not be responsible for

them or any loss that may result from their use.

  1. TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with

modern, reliable technology. However, in the event of a technological failure, you accept

and acknowledge our lack of responsibility for said failure. The Website is updated on a

regular basis and while we try to make accurate statements in a timely and effective

manner, we cannot guarantee that all information on the Website and Services are

completely accurate, complete or up to date, and disclaim liability for any such errors or

omissions.

  1. ASSUMPTION OF RISK. By accessing the Website, its Services and related material,

whether paid or unpaid, you assume the risk of your access and any subsequent actions you

choose to take as a result of the informational or educational materials provided to you.

  1. INDEMNITY AND RELEASE. You agree to indemnify, defend and hold harmless

Company, its affiliates, employees, agents, licensors, and service providers from and

against any and all third party suits, claims, demands, causes of action, liabilities, damages,

judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s

fees arising out of your use of the Website, including but not limited to your User Content,

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any use of the Website’s content, Services, and products other than as expressly authorized

in these Terms of Use, or your use of any of the information obtained from the Website

and Services.

  1. LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent

permitted by applicable law, the Company will not be liable for any direct, indirect or

consequential loss or damage incurred by you or others in connection with our Website

and Services, including without limitation any liability for any loss of revenue; loss of

actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of

goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any

indirect or consequential loss, whether such loss or damage was foreseeable or in the

contemplation of the Parties, whether caused by negligence, breach of contract or

otherwise. The foregoing does not affect any liability that cannot be excluded or limited

under applicable law.

  1. SEVERABILITY. If any portion of this Terms of Use is deemed to be illegal or

unenforceable, the remaining provisions of this Agreement remain in full force.

  1. ENTIRE AGREEMENT. This Agreement constitutes the final, exclusive Agreement

between you and Company regarding the use and access of the Website. All earlier and

contemporaneous agreements, negotiations, understandings, representations and

warranties between the you and Company regarding the Website are expressly merged into

and superseded by this Agreement.

  1. CONTACT. This Website is operated by gldn hour inc. 10 Dartmouth Cres, Etobicoke Ont, M8V 1X. All

feedback, comments, requests for technical support, and other communications relating to

the Website should be directed to: sayhello@drinkgldnhour.com

  1. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may

have arising out of or relating to these Terms of Use or the Website must be commenced

within one (1) year after the cause of action accrues; otherwise such cause of action or

claim is permanently barred.

  1. GOVERNING LAW. This Agreement shall be governed by and construed in accordance

with the laws of the province of Ontario without giving effect to any choice or conflict

of law provision or rule.

  1. BINDING ARBITRATION, VENUE AND CHOICE OF LAW. Any controversy or

claim arising out of or relating to this Terns of Use, or the breach thereof, including the

applicability and/or enforceability of this binding arbitration provision, shall be settled

exclusively by binding and non-appealable arbitration administered by the American

Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be

entered in any court having jurisdiction thereof. The number of arbitrators shall be three.

The place of arbitration shall be Ontario Canada. Ontario law shall apply. Each party shall pay

its own proportionate share of arbitrator fees and the arbitration fees and expenses of the

American Arbitration Association. This binding arbitration will be the Parties’ sole remedy

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in the event of a dispute between the Parties. The Parties waive their right to lead or

participate in any lawsuit, including a class action lawsuit.