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Last Updated: January 22, 2025
These terms and conditions (the “Terms and Conditions”) govern and apply to anyone accessing or using Goldline.com, including any content or functionality offered on or through the Goldline website, mobile sites, or applications (collectively, the “Website”). These Terms and Conditions apply to any use of the Website and are entered into by and between you, personally and, if applicable, on behalf of the company or organization for whom you are using the Website (“you” or “your”) and Goldline, Inc. (“Goldline” “we,” “us,” or “our”). Purchases, sales, and storage of precious metals, independently graded coins, rare currency, and other products which Goldline offers are governed by a separate document, the “Account Agreement”, which is provided to Goldline clients under separate cover. If you choose to continue to use or access the Website after having the opportunity to read these Terms and Conditions, you are indicating your acceptance of the Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please do not use the Website. For information on how we process and protect your personal data, please review our Privacy Policy.
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 10, WHICH REQUIRES THAT CERTAIN CLAIMS BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE OR CONSOLIDATED BASIS, WITH EXCEPTIONS. YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL OR ANY COURT PROCEEDINGS OR IN CLASS ACTIONS OF ANY KIND. IF YOU DO NOT AGREE TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THAT SECTION.
THE WEBSITE IS NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONAL DATA. YOU MAY NOT USE THE WEBSITE AND MAY NOT ACCEPT THESE TERMS AND CONDITIONS IF (1) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (2) YOU ARE A PERSON BARRED FROM USING THE WEBSITE UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE WEBSITE. THE WEBSITE IS INTENDED FOR RESIDENTS OF THE UNITED STATES ONLY.
You are responsible for obtaining, maintaining, and paying for all hardware, all telecommunications, and other tools needed to use the Website.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, computer programs, source and object code, text, media, displays, images, video and audio, and the design, selection and arrangement thereof, and other content available on the Website, including but not limited to certain individual elements of, and the organization, layout, and look and feel of the Website), and domain names, trademarks, logos, and brand elements (collectively, the “Content”) are owned by Goldline, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, trade dress, moral rights, and other intellectual property or proprietary rights laws.
The Website may only be used for the intended purpose for which it is being made available. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
Unless you have entered into a separate agreement with us, any use of our Content without our written permission is prohibited. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and we reserve all rights not expressly granted. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
We will retain ownership of our intellectual property rights, and you may not obtain any rights therein by use of the Website, except as expressly set forth herein. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit, or sublicense any information or content available on the Website, except as expressly set forth in these Terms and Conditions.
We have several registered trademarks. “Goldline” and “Goldline International” are trade names we own. Goldline, the related design marks, and other trademarks on the web website are owned by us. You may not copy, imitate, or use, any of our registered trademarks, in whole or in part, or use any “hidden text” utilizing our trademarks without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Goldline and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
You will not use the Goldline Website in any way that violates the rights of third parties, and you agree to comply with all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and where you use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. “Deep-linking,” “embedding,” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Website any unlawful, threatening, libelous, defamatory, abusive, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
In your use of the Website, you may not: (a) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party; (b) disrupt or interfere with the security or use of the Website or any websites linked to the Website; (c) interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, distributed denial of service (DDoS) attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (d) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (e) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (f) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (g) collect, either manually or through an automatic process, information about other users without their express consent or other information relating to the Website; (h) use any meta tags or any other “hidden text” utilizing the our name, trademarks, or product names; (i) advertise, offer to sell, or sell any goods or Website, except as expressly permitted by the Website; (j) engage in any activity that interferes with any third-party’s ability to use or enjoy the Website; or (k) assist any third party in engaging in any activity prohibited by these Terms and Conditions. We reserve the right to take legal action against any party that violates this Section.
When you use the Website, send an e mail or message to us, or otherwise electronically request that we contact you, you are communicating with us electronically and you consent to receive communications from us electronically by e mail, or other notices and messages on or through the Website. You may opt out of notifications as set forth in our Privacy Policy.
We reserve the right, but do not have any obligation, to monitor the Website electronically. We further reserve the right to disclose any content, records, or electronic communication of any kind, including feedback, if required to do so by any law, rule, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Website or to protect our rights or property, or the rights of other Website users, or our partners, affiliates, parent company, service providers, or as otherwise permitted in our Privacy Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Website infringes your copyright, you (or your agent) may send us a written notice of this by mail to Goldline, Inc., Attn: Copyright Agent, 11835 W. Olympic Blvd, Suite 500, Los Angeles, CA 90064 or contact us via our Contact Us form.
Please include the following information in your notice:
You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We reserve the right to terminate a user’s access to the Website without prior notice for any reason, including, but not limited to, for infringing the intellectual property or other rights of third parties, for otherwise violating these Terms and Conditions, or for no reason.
We reserve the right to refuse to provide the Website to any person in our sole and absolute discretion. Without limiting any other legal or equitable remedies available to us, we also reserve the right to suspend or terminate any user’s right to access the Website at any time, in our sole and absolute discretion. Any such refusal, suspension, or termination will not affect any of your other rights, duties, or obligations under these Terms and Conditions or the Privacy Policy.
Following termination, you will not be permitted to use the Website, and we may, in our discretion, cancel any outstanding product orders. If your access to the website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the website.
The Website may contain links to third-party websites, applications, or services that Goldline does not own or control. If you use these links, you will leave the website. You agree that we will not be held responsible or liable for third-party websites or applications or any content thereon.
The Website, its contents, and the Terms and Conditions are not intended to and do not constitute legal or tax advice. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website. The information on this Website is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.
No Investment Advice. The information set forth on the Website is general in nature and provided for educational and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose. The information contained in or provided from or through the Website is not intended to be, does not constitute and should not be relied on as financial advice, investment advice, trading advice, or any other advice, nor does any information provided on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The information on the Website is not specific to you, the user, or to anyone else. You should not make any decision – financial, investment, trading, political, or otherwise – based on any of the information presented on the Website without undertaking independent due diligence and consulting with a financial advisor or other qualified professional. You alone assume the sole responsibility of evaluating the risks and merits associated with the use of any information or other content on the Website.
Investment Risks. All investments, including precious metals, involve some degree of risk and are affected by numerous economic and geo-political factors, all of which are beyond the control of Goldline. You, and not Goldline, are responsible for such risk, including, without limitation, market volatility and the inability to liquidate the products at an acceptable price, or at all. As stated above, you should consult your investment or financial advisor or other qualified professional prior to purchasing/selling precious metals and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to us that you have sufficient experience and knowledge to make informed financial decisions and that we are not making any recommendation with respect to such transactions.
GOLDLINE PROVIDES THE WEBSITE ON AN “AS-IS,” “WHERE-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. GOLDLINE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION THEREON: (I) WILL BE UNINTERRUPTED, TIMELY, OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. GOLDLINE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS.
WE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED, TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. GOLDLINE RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GOLDLINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE.
WE TAKE THE SECURITY OF PERSONAL DATA SERIOUSLY. THAT SAID, YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL DATA ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. WE CANNOT ENSURE OR WARRANT THE SECURITY OF THE PERSONAL DATA YOU PROVIDE, AND YOU ACKNOWLEDGE AND AGREE THAT YOU TRANSMIT IT TO US AT YOUR OWN RISK.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF GOLDLINE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE WEBSITE, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO $100. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN CERTAIN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
You understand and agree that you are personally responsible for your behavior on the website. To the fullest extent permitted under applicable law, you hereby agree to defend, indemnify, and hold harmless Goldline, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the service from and against any and all claims, demands, damages, injuries, losses, liens, causes of action, suits, judgments, penalties, liabilities, debts, and costs and expenses, including court costs and reasonable attorneys’ fees relating to or arising from (a) your access to or use of the Website or any materials (including third-party materials), products or services available through the Website, (b) your failure to comply with these Terms and Conditions, or (c) any violation or alleged violation by you of any provision of these Terms and Conditions. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any claim without our prior written consent.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN CLAIMS WITH GOLDLINE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION EXCEPT AS DESCRIBED HEREIN. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND GOLDLINE (THE “PARTIES” FOR PURPOSES OF THIS SECTION) ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR CLAIMS AND ARE NOT INTENDED TO DELAY THE ADJUDICATION OF ANY PARTY’S CLAIMS.
Claims Subject to this Section. The dispute resolution and binding arbitration terms in this Section apply to all Claims between the Parties. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between the Parties, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms and Conditions or our Website, including any privacy or data-security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it. A “Claim” does not include (a) small claims disputes in which one or both of the Parties seeks to bring an individual action in small claims court located in the county of your billing address or (b) disputes in which you or we seek injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property or for violations of Section 1 or Section 2 of these Terms and Conditions.
No Representative Actions. THE PARTIES EACH WAIVE THEIR RIGHTS TO HAVE ANY CLAIMS RESOLVED IN COURT AND TO A JURY TRIAL PURSUANT TO THE TERMS OF THIS SECTION. You and Goldline agree that any Claim is personal to you and Goldline and that any Claim will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding, except as allowed herein. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Claims will be resolved in a court as set forth in Section 12.
Opting Out of Binding Arbitration. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THE TERMS OF THIS SECTION (FOR EXAMPLE, THE FIRST TIME YOU VISITED OR USED OUR WEBSITE) BY EMAILING CLIENTCONCIERGE@GOLDLINE.COM.
Rejection of Future Changes to This Section. You may also reject any change we make to this Section (except address changes) by emailing us notice of your rejection within 30 days of the change at clientconcierge@goldline.com. Changes to this Section may only be rejected as a whole, and you may not reject only certain changes to this Section. If you reject changes made to this Section, the most recent version of this Section that you have not rejected will continue to apply.
Arbitration Notice. For any Claim that you have against Goldline, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at clientconcierge@goldline.com or by certified mail addressed to 11835 W. Olympic Blvd, Suite 500, Los Angeles, CA 90064, Attn: Legal Department. Your Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Claim; and (c) set forth the specific relief sought. If we intend to seek arbitration, we will send a Notice to the current billing address on your account. Our Notice to you will be similar in form to that described above.
Required Use of JAMS. If the Parties cannot reach an agreement to resolve the Claim within thirty (30) days after such Notice is received, then either party may submit the Claim to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. You agree that the arbitration will be administered by JAMS Mediation, Arbitration and ADR Website (“JAMS”) under the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Consumer Arbitration Minimum Standards in effect at the time the arbitration is initiated (collectively, the “JAMS Rules”). The arbitration will be presided over by a single neutral arbitrator selected in accordance with the JAMS Rules. The JAMS Rules, information regarding initiating an arbitration, and a description of the arbitration process are available at https://www.jamsadr.com. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Claim. The arbitrator’s award will consist of a written statement, stating the disposition of each claim and providing a concise written statement of the essential findings and conclusions on which the award is based.
Confidentiality. The arbitrator and the Parties will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the Claim therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Federal Arbitration Act. The Parties agree that these Terms and Conditions affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable laws. As limited by the FAA, these Terms and Conditions, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
Coordinated Filings. If 25 or more Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in this Section. Each of the Parties may advise the other of its belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter. Coordinated Claims may only be filed in arbitration as permitted by the “bellwether process” set forth below. Applicable statutes of limitations will be tolled for Claims asserted as Coordinated Claims from the time a compliant Claimant Notice has been received by a party until this Section permits such Coordinated Claims to be filed in arbitration or court. The bellwether process set forth in this Section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided. After that point, counsel for the parties shall select 10 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 5 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The Parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the Parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator’s fee paid for by Goldline. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this Section shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 12. To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis. A court shall have authority to enforce the bellwether and mediation processes defined in this Section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Payment of Fees. The Parties agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer) and that we will bear all other costs, including any remaining JAMS filing fees, case management fees, and all professional fees for the arbitrator’s Website. For any arbitration initiated by Goldline, Goldline will pay all JAMS fees and costs. Allocation of fees and costs for such arbitration shall be determined in accordance with the JAMS Rules. To the extent permitted by applicable law and the JAMS Rules, a claimant must pay all costs and fees incurred by the defending party, including arbitration, attorney, and expert fees, related to a Claim if an arbitrator determines that (a) the Claim was not warranted by existing law or by a nonfrivolous argument, or (b) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution; this fee shifting provision does not apply to California residents.
Jurisdiction. The Parties agree that the state or federal courts of the State of California and the United States sitting in Los Angeles, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The location of the arbitration will be (a) in Los Angeles County, California, or, if requested in your Notice, in the county within the United States where your permanent residence is located; (b) conducted by written submissions; or (c) conducted telephonically.
Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that non-accepting party must pay all arbitration costs and fees incurred by the other party after the written settlement offer was made.
Time Limit to Commence Arbitration. ANY CLAIM MUST BE FILED WITHIN ONE YEAR AND ONE DAY AFTER THE RELEVANT CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT EACH OF THE PARTIES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
Unenforceability/Severability. If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms and Conditions; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the Parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Section; and (c) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration. Further, if any part of this Section is found to prohibit an individual Claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Goldline.
Use of the Website is subject to the terms of Privacy Policy. In the event of a conflict between any provision of these Terms and Conditions and our Privacy Policy, the provisions of our Privacy Policy shall prevail and control.
Force Majeure. Goldline shall not be liable for any failure or delay in the performance of its obligations, due to fire, flood, earthquake, explosion, elements of nature, acts of God or similar cataclysmic occurrence, acts of war (whether war is declared or not, and whether or not such war involves the jurisdictions in which you or Goldline reside or conduct business and whether or not such war involves the jurisdictions where these Terms and Conditions are to be performed), terrorism, riots, civil disorder, strikes, labor stoppages, shortages of or delay in receiving raw materials, epidemics, rebellions, embargoes, or blockades, or other similar causes beyond our reasonable control.
Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without reference to the principles of conflicts of law that would apply to the substantive laws of another jurisdiction.
Place to File Permitted Court Actions. If the dispute is related to intellectual property rights, Section 1 or Section 2, seeks injunctive relief, or if the arbitration agreement is found to be unenforceable, or if you have opted out of arbitration, you agree that the exclusive venue for any action shall be the state or federal courts in Los Angeles County, State of California, as applicable. You hereby waive any challenge to personal jurisdiction or venue in Los Angeles County, California (including, without limitation, a challenge based on inconvenience) and agree to the jurisdiction and venue of the courts of the State of California to the exclusion of any other courts which otherwise might have had jurisdiction. You must bring any cause of action arising out of, or in connection with, the Terms and Conditions within one year and one day of when the alleged breach occurred.
No Waiver. No failure or delay by Goldline to insist upon the strict performance of any term, condition, or covenant of these Terms and Conditions, or to exercise any right, power or remedy pursuant to or arising from these Terms and Conditions or under law or consequent upon a breach or default of these Terms and Conditions, shall constitute a waiver of any term, condition, covenant, agreement, right, power, remedy of any such breach, or preclude Goldline from exercising any right, power or remedy at any later time or times.
Third-Party Beneficiaries or Assignment. These Terms and Conditions are for the benefit of, and will be enforceable by, the parties only, and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. You may not assign, transfer, or sublicense any of your rights or obligations without our prior written consent, which consent may be withheld in our sole and absolute discretion. We may assign, transfer, or sublicense all of or any part of our rights and obligations under these Terms and Conditions without restriction. These Terms and Conditions shall be binding upon and inure to the benefit of your and Goldline’s successors and assigns.
Correction of errors and inaccuracies. The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Goldline therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. Goldline does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Modification. We reserve the right to modify these Terms and Conditions or our Website at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions or change of the Website. We will use commercially reasonable efforts to notify you electronically or otherwise of any material modification that affects you, and the date set forth above on the copy of the Terms and Conditions will display the new revision date. You should regularly review these Terms and Conditions to ensure that you are aware of, understand, and accept any changes made. You are responsible for being familiar with the Terms and Conditions, as they may be revised from time to time. Your continued use of the Website following the posting of changes to these Terms and Conditions will indicate your acceptance of those changes.
Survival. Any provision herein that contemplates performance or observance subsequent to any expiration or termination of the Terms and Conditions, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of the Terms and Conditions and continue in full force and effect.
Severability. The invalidity or unenforceability of any provision of these Terms and Conditions or subpart thereof shall in no way affect the validity or enforceability of any other provisions or subparts thereof. If any provisions of the Terms and Conditions are found to be invalid or unenforceable, in lieu of such illegal, invalid or unenforceable paragraph, provision or part thereof, there shall be automatically added a provision as similar in terms to the illegal, invalid or unenforceable paragraph, provision or part thereof, as may be possible, legal, valid, and enforceable.
These Terms and Conditions set forth all of the covenants, promises, agreements, conditions, and understandings between you and Goldline concerning your use of the Website, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between you and us, other than those expressly set forth herein and therein.
Please direct any legal questions regarding these Terms and Conditions to the following: Goldline, Inc. Attn: Legal Department 11835 W. Olympic Blvd, Suite 500 Los Angeles, CA 90064 Email: clientconcierge@goldline.com To reach the Client Concierge, please call 800-827-4653 or contact us via our Contact Us form.
