Terms of service

TERMS OF SERVICE

Welcome to the GOLDSHEEP (the "Site"). GOLDSHEEP, LLC. ("GOLDSHEEP") provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. GOLDSHEEP reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the GOLDSHEEP web site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.

Usage Restrictions
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by GOLDSHEEP, one of its affiliates or by third parties who have licensed their materials to GOLDSHEEP. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.

The content of the Site is intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you as a result of any such activities. GOLDSHEEP reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.

GOLDSHEEP is a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from GOLDSHEEP.

User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to GOLDSHEEP on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain GOLDSHEEP’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to GOLDSHEEP of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, GOLDSHEEP will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. GOLDSHEEP is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

Pricing Policy
At GOLDSHEEP, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at GOLDSHEEP will usually be priced the same as merchandise offered at our affiliate GOLDSHEEP stores, in some cases, GOLDSHEEP stores may have different prices or promotional events at different times.

Colors
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Correction of Errors and Inaccuracies
The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your GOLDSHEEP purchase you may return it with the original GOLDSHEEP packing receipt. Please see our Return Policy.

Typographical Errors
In the event a GOLDSHEEP product is listed at an incorrect price due to typographical error or systems error, GOLDSHEEP shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. GOLDSHEEP shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GOLDSHEEP shall issue a credit to your credit card account in the amount of the incorrect price.

Term: Termination
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by GOLDSHEEP without notice at any time for any reason. The provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.

Notice
GOLDSHEEP may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in GOLDSHEEP account information.

Use of Site
Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an GOLDSHEEP or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.

Indemnification
You agree to indemnify, defend, and hold harmless GOLDSHEEP, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third Party Links
In an attempt to provide increased value to our visitors, GOLDSHEEP may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with GOLDSHEEP, GOLDSHEEP has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GOLDSHEEP. GOLDSHEEP has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, GOLDSHEEP seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

By consenting to [Company name]’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at info@goldsheepclothing.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing GS Clubhouse products or services, you agree that any controversy, claim, action, or dispute between you and GS Clubhouse arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of[Brand] ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Orange County, CA, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the CA, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of GS Clubhouse s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 1775 Monrovia // Units 1 & 2 // Costa Mesa, CA 92627. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with GS Clubhouse. You are responsible for ensuring[Brand] ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and GS Clubhouse agree that you may bring or participate in Claims against GS Clubhouse only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and GS Clubhouse agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

GOLDSHEEP Registered office: 1775 Monrovia // Units 1 & 2 // Costa Mesa, CA 92627

Email: office@goldsheepclothing.com