TERMS & CONDITIONS
Terms & Conditions
Terms and Conditions Subject to Change:
Goldman Kolber LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice and you will be bound by those updates whether you have read them or not. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.
All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations — both individually and as they are compiled on the site (collectively, the "Intellectual Property") – are the property of Goldman Kolber LLC and the Intellectual Property is protected by applicable federal, state, and local intellectual property laws.
The Intellectual Property, further including any trademarks or trade dress of Goldman Kolber LLC, may not be used without prior express written permission. Trademarks or trade dress include Goldman Kolber LLC's name and logo, and any other graphics, logos, page headers, button icons, scripts, and service names of Goldman Kolber and/or Goldman Kolber LLC's products, services, and programs. Users may not electronically copy and/or print hard copies of pages from the Website unless solely for personal, non-commercial purposes related to placing an order or shopping with Goldman Kolber LLC or through one of our authorized retailers.
Goldman Kolber LLC welcomes your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of Goldman Kolber LLC. Your submission of any such Comments shall constitute an assignment to Goldman Kolber LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in and to the Comments. Goldman Kolber LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Authorization to Contact You
a. To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our Agreement) or as authorized by applicable law.
DISCLAIMER: THE WEBSITE, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES OR UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE including, but not limited to, implied arranties of merchantability, fitness for a particular purpose, and non-infringement.. FURTHERMORE, FOUNDATION ENTERPRISES DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Goldman Kolber LLC responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of or your inability to use our services, delays or disruptions in our services, viruses or other malicious software obtained by accessing, or linking to, our services, glitches, bugs, errors, or inaccuracies of any kind in our services, damage to your hardware device from the use of any of our services, or a suspension or other action taken with respect to your account or breach of this agreement. Use of this Website is entirely at the user's own risk, and user assumes full responsibility for all costs associated with all necessary servicing or repairs of any equipment used in connection with such use. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY OF OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES FURTHER THAT FOUNDATION ENTERPRISES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM ALL OF THE FOREGOING RESTS ENTIRELY WITH USERS OF THE WEBSITE. NEITHER FOUNDATION ENTERPRISES NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Goldman Kolber LLC may not, as a matter of applicable law, disclaim any warranty or limit its liability, the scope and duration of such warranty and the extent of our liability to you or any third party will be the minimum permitted under such law. Inaccuracy Disclaimer: From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Goldman Kolber LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order) and such changes will be applied retroactively.
Goldman Kolber LLC may delete your account at any time and for any reason, with or without notice or liability to you. These Terms and Conditions survive termination of use of the Website and/or termination of your account.
Massachusetts Law Governs:
You and Goldman Kolber LLC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Agreement or your use of or access to Goldman Kolber LLC sites, services, applications, and tools, or any products or services sold or purchased through Goldman Kolber LLC services sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and Goldman Kolber LLC have against each other are resolved. Accordingly, these Terms and Conditions are governed by the laws of the State of Massachusetts, without respect to its conflict of laws principles. Goldman Kolber LLC and any Website user each agree to submit to the personal jurisdiction of a state court located in Norfolk County, State of Massachusetts or the Federal Eastern District of Massachusetts.
You will indemnify and hold Goldman Kolber LLC (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Goldman Kolber LLC services or your breach of any law or the rights of a third party.
These Terms and Conditions, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by Goldman Kolber LLC without restriction.
If any of the terms, provisions, or conditions contained in these Terms and Conditions shall be deemed invalid, void, or otherwise unenforceable, that specific term, provision, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms, provisions, and conditions.
No waiver of any term in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Goldman Kolber LLC failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Headings and Waiver
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement
PRIVACY & SAFETY
Use of Collected Information
Goldman Kolber LLC, Inc. will use the collected information to provide its services to its Users and to make the User's Website experience as enjoyable as possible. Accordingly, we may use your collected information to customize your content and make suggestions for you, send you updates on products or services, and/or respond to any comments or submissions you make to Goldman Kolber LLC, Inc.. Additionally, Goldman Kolber LLC, Inc. gathers information for internal record keeping and internal market research purposes. To that end, we may use the gathered information identified herein to customize the website according to your interests and/or contact you by email to request additional information.
Furthermore, Goldman Kolber LLC, Inc. may use third-party analytics services to help analyze how Users make use of the Website. The information collected for this purpose is not personally identifiable (e.g. your IP address or other information not individually identifiable). Such information will be disclosed to or collected directly by these service providers.
Goldman Kolber LLC, Inc. takes the security of User's Data and other personal information very seriously and wants Users to feel comfortable using the Website. Accordingly, Goldman Kolber LLC, Inc. has implemented industry standard technology designed to keep User Data and other personal information safe. We offer the use of a secure server. All supplied sensitive/credit information that you may offer to us is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than sixty (60) days. If and when we request a credit card for orders, we will reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing, and you agree to allow us to do so. If you do give us your credit card information, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off or log off when finished using a shared computer.
All Accounts are password protected. When Users create an Account, Users shall choose a unique username and password. Users shall not disclose their username or password to any third party or permit any third party the use of their username or password. Furthermore, Users are solely responsible for maintaining the confidentiality of their username and password and for any and all activities that occur under that name and password. User may change his/her password at any time. User is solely liable for all activity, whether or not authorized by User, which occurs under User's Account or password. User shall immediately notify Goldman Kolber LLC, Inc. if User has any suspicion that an unauthorized party is accessing User's Account. Know that Goldman Kolber LLC, Inc. will never ask for User's password in an unsolicited phone call or email.
Right to Delete/Terminate Account
Third Party Links
User may choose not to receive Email updates, notifications, and/or advertisements related to the Website by choosing the appropriate opt-out option in the email containing such notification or advertisement. All such updates, notifications, and advertisements will also include instructions for opting-out of those communications in the future.
California Online Privacy Protection Act Compliance: We value your privacy, and so if you are located in California, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties pursuant to those regulations without your consent.
Children under 13 and 18
The Goldman Kolber LLC website is a general audience website, and we are in compliance with the requirements of the Children's’ Online Privacy Protection Act ("COPPA"). We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13 years of age we will take steps to delete the information as soon as possible. If we sell products and if you are under 18, you may use our site only with the involvement of a parent or guardian.
Our Companywide Commitment to Your Privacy: To ensure that your personal information is secure, we communicate our privacy and security guidelines to our employees and strictly enforce privacy safeguards within the company.
Mergers, Acquisitions and Bankruptcy
In the event that Goldman Kolber LLC, Inc. is acquired by or merged with any third party entity, Goldman Kolber LLC, Inc. reserves the right, in any of these circumstances, to transfer or assign Users' Data, and the licenses obtained from User for Data, and any information Goldman Kolber LLC, Inc. has collected from User. In the unlikely event of Company's bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Goldman Kolber LLC, Inc. may not be able to control how User's personal information is treated, transferred, or used. Last Updated: November 22, 2013 ND: 4820-6171-2406, v. 1
When you download or use our Mobile Applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location based services or products, such as advertising, search results, and other personalized products and content. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.