Golden Leaf Holdings, Inc.

Terms of Use

Last Modified: February 13th, 2019

Acceptance of the Terms of Use

These terms of use (these “Terms of Use”) are entered into by and between you and Golden Leaf Holdings, Inc. (“Company,” “we” or “us”) and govern your access to and use of any of our websites https://chalicefarms.com/,  http://www.getgoldenoil.com/, http://www.goldenxtrx.com/, and http://leftcoastconnection.com/ (the “Websites”).

Please read these Terms of Use carefully before you start to use the Websites. By using the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.

The Websites are not intended for users younger than 21.

Changes to the Terms of Use

We may revise these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means you accept and agree to the changes. We encourage you to check these Terms of Use often for updates.

Accessing the Websites and Account Security

Subject to the terms and conditions of these Terms of Use, Company grants you a limited, revocable, non-exclusive, and non-sublicensable license to use the Websites for your personal and non-commercial use. We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Websites.

To access the Websites or any of the resources offered, such as making a purchase, you may be asked to provide certain registration details or other information. As a condition of your use of the Websites, all information you provide on the Websites must be correct, current and complete. You agree that all information you provide to the Websites, including but not limited to through the use of any interactive feature, is governed by our Privacy Policy. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other 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 acknowledge that your account is personal to you. You 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 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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

Intellectual Property

The Websites and all contents, features and functionality thereon (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors, or other providers of such material, and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Websites available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Websites, except as authorized by the Terms of Use. No right, title or interest in or to the Websites or any content on the Websites is transferred to you. Company reserves all rights not expressly granted.

Trademarks

The Company names and trademarks, and all related names, trademarks, logos, product and service names, designs and slogans are trademarks and trade names of Company or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Use the Websites in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any law regarding the export of data or software to or from the US or other countries).
  • Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
  • Use any robot, spider or other automatic or manual device, process or means to access the Websites for any purpose, including monitoring, copying or scraping any of the material or information on the Websites.
  • Use any device, software or routine that interferes with the proper working of the Websites.
  • Introduce any virus, trojan horse, worm, logic bomb or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites.
  • Attack the Websites via denial-of-service attack or distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Websites.

User Contributions and Submissions

The Websites may allow you to post content and communicate with others. Anything that you post on or through the Websites or otherwise submit to us through the Websites, including comments, is referred to as “User Contributions.” User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote or include sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Contain personal attacks against other participants, name-calling, slurs, hate speech or bigotry.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • 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.

 

Any User Contributions you post to the Websites will be considered non-confidential and non-proprietary. You represent, warrant, and covenant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees; and (ii) your User Contributions comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute (or that are submitted or contributed through your account), and you, not Company, have full 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 Contributions posted by you or any other user of the Websites

Company does not endorse any User Contributions submitted to the Websites by any user, or any opinion, recommendation, or advice expressed by any other user, and Company expressly disclaims any and all liability in connection with User Contributions. We have the right, but aren’t required, to monitor, edit and remove any User Contributions. We don’t take responsibility or assume liability for any User Contributions.

By providing any User Contributions on or through the Websites, you grant us and our licensees the perpetual, non-exclusive, sublicensable, transferrable, worldwide, irrevocable and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, disclose to third parties, commercialize and create derivative works from all User Contributions for any purpose without attribution or payment to you.

Copyright Complaints

If you believe any materials accessible on the Websites infringe your copyright, you may request removal of those materials from the Websites by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written 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 Websites, 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, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:

Sara Hamlet
GoldenLeaf Holdings
8089 SW Cirrus Dr.
Bldg 19
Beaverton, OR  97008

Enforcement; Termination

We may take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Websites. We may terminate or suspend your access to all or part of the Websites for any reason.

Reliance on Information Posted

The information presented on or through the Websites is made available only for general information purposes. 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 Websites, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites 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

All information we collect on or through the Websites is subject to our Privacy Policy. By using the Website, you consent to any and all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

Any purchase through the Websites, or other transaction for the sale of our products through the Websites, is governed by our Terms of Sale, which is hereby incorporated into these Terms of Use.

Links from the Website

If the Websites contain links to other sites or resources provided by third parties, these links are for your convenience only. We have no control over the contents of other sites or resources. We 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 third party website linked to this Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such website.

Geographic Restrictions

The owner of the Websites is based in the United States. We make no claim that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative. You are solely responsible for compliance with local laws.

Disclaimer of Warranties

THE WEBSITES ARE PROVIDED “AS IS”. COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE WEBSITES’ CONTENT, MERCHANTABILITY, OWNERSHIP, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY ERROR OR OMISSION REGARDING CONTENT DELIVERED THROUGH THE WEBSITES OR ANY DELAY IN OR INTERRUPTIONS OF SUCH DELIVERY. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY 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 WEBSITES OR ANY ITEM OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

THE FOREGOING ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. IT DOES NOT AFFECT ANY WARRANTY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR ANY OF THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, OR ITEMS OBTAINED THROUGH THE WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF USE AND IN CONNECTION WITH YOUR USE OF THE WEBSITES IS LIMITED TO $100 OR THE AMOUNT YOU PAID TO COMPANY HEREUNDER, WHICHEVER IS GREATER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including but not limited to any use of the Websites’ content, services or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

No Class Actions

YOU MAY RESOLVE ANY DISPUTE WITH US ONLY ON AN INDIVIDUAL BASIS. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED.

Waiver of Jury Trial

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE SUBJECT MATTER OF THESE TERMS OF USE.

General Terms

All matters relating to the Websites and these Terms of Use will be governed by and construed in accordance with the laws of the State of Oregon, excluding Oregon conflict of law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OF USE OR THE WEBSITE IS MULTNOMAH COUNTY, OREGON. YOU AND COMPANY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Company with respect to the Websites and supersede all prior agreements with respect to the Websites.

If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court shall fully enforce the resulting Terms of Use.

Use of the terms “including” and “include” mean “without limitation” and indicate non-exclusive lists of items.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Websites should be directed to [email protected]