The following Gold Comet Policies are listed below:
Portal User Agreement ("User Agreement")
Last updated: April 18, 2019
In addition, if you are entering into this User Agreement on behalf of your employer or a corporate entity, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer or such corporate entity. Should you cease working for your employer, your employer may continue to operate under this User Agreement. You represent and warrant that you have the power and authority to bind your employer to this User Agreement. As used in these terms, "you", "your" and "yours" refers not only to you, the individual checking the "I Agree" button, but also your employer. BAIMMT shall not be liable, and You agree to indemnify and hold BAIMMT and any of its affiliates, subsidiaries, employees, and agents harmless for, all damages, liabilities, penalties, costs and expenses incurred by BAIMMT and any of its affiliates, subsidiaries, employees or agents as a result of any violation or failure by you to comply with this Section.
Your use of the Portal will require you to obtain an account, which includes setting up a user name and password. You are solely responsible for (i) selecting a unique password, (ii) controlling access to and use of your account, user name and password, and (iii) promptly informing us if you need to deactivate your account, user name or password for any reason. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. As a user of the Portal, you should change your password on a regular basis and keep your user name and password confidential. If you believe that your password has been compromised, you should change your password immediately by following the steps provided in the Portal. At the end of each online session, you must log out from the Portal before leaving your computer.
You agree to accept sole responsibility for any and all activities or actions that occur under your account.However, you may be held liable for losses incurred by us or another party due to someone else using your account. You may not use anyone else's Portal account at any time, unless you receive approval by the account holder. You may not use as a user name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
You may use Portal only as permitted by this User Agreement and must not attempt to bypass any of its security features.
- The Portal is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or BAIMMT cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting BAIMMT at email@example.com.
- A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide BAIMMT with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize BAIMMT to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, BAIMMT will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
- BAIMMT, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. BAIMMT will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Portal after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
- Except when required by law, paid Subscription fees are non-refundable.
In consideration of Your agreement to the terms and conditions contained in this User Agreement, BAIMMT grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Portal for your own internal business purposes.
You agree to use the Portal in compliance with all applicable federal, state, and local laws, rules, and regulations. You are solely responsible for, and BAIMMT hereby disclaims any and all liability with respect to, all data, procedures, and other information that you input into the Portal and the results obtained therefrom and the accuracy and quality of the same.
Under this User Agreement, you may not, and you may not permit others to:
- Use the Portal or other component elements of the Portal except as expressly permitted by this User Agreement;
- Distribute, rent, sell, loan, lease, sublicense, or otherwise deal in the Portal or other component elements of the Portal in any way, or for any purpose, other than with the prior written consent of BAIMMT;
- Reverse engineer, disassemble, or decompile the Portal or otherwise attempt to obtain the source code for the Portal;
- Adapt, copy, republish, frame, reproduce, license, transfer, sell, assign, create derivative works based on, modify or otherwise reproduce the Portal, in whole or in part;
- Obscure, remove, or alter any of the trademarks, trade names, logos, patent, or copyright notices or legends on the Portal or in any printouts or screen captures of the Portal contained therein;
- Attempt to obtain or access any data or other materials or information through any means not intentionally made available through the Portal, including through hacking, password mining or any other means;
- Use any device, software, code or routine intended to damage or otherwise interfere with the proper functioning of the Portal or servers or networks connected to the Portal, or take any other action that interferes with administration and operation of the Portal or other parties' use of the Portal; or
- Use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Portal for purposes other than for a generally available search engine.
You agree that the Portal may include security technology that limits your use of the Portal and that, whether or not the Portal is limited by security technology, any other use of the Portal in violation of this User Agreement may constitute a copyright infringement. Any security technology is an inseparable part of the Portal. You agree not to violate, circumvent, reverse engineer, decompile, disassemble, or otherwise tamper with any of the security technology for any reason or to attempt or assist another person to do so.
The Portal may be controlled and monitored by BAIMMT for compliance purposes, and BAIMMT reserves the right to enforce the User Agreement without notice to you. Violations of system or network security may result in civil or criminal liability.
You acknowledge that a breach of this User Agreement would cause irreparable damage and harm to BAIMMT that could not be compensated for by monetary damages. Accordingly, in the event of a breach or threatened breach of this User Agreement, BAIMMT shall be entitled to injunctive relief from a court of competent jurisdiction, without the posting of bond or other surety in addition to any other rights that BAIMMT may have at law or in equity.
The Portal, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of BAIMMT.
All trademarks, service marks, and logos used in connection with Portal are the trademarks of BAIMMT or the respective third-party owner of such trademark, service mark, or logo. You are not granted any right or license with respect to any such trademarks, service marks, and logos or any use of such trademarks, service marks, and logos.
You may provide certain feedback, ideas, improvements or suggestions (collectively, "Suggestions") with respect to the Portal to BAIMMT, directly or through a third party, in connection with your use of the Portal, which BAIMMT or its licensors may use in future modifications to the Portal, multimedia works, and advertising and promotional materials relating thereto. In addition, you acknowledge and agree that BAIMMT may have access to certain analytic and demographic data ("Data") with respect to your use of the Portal. In consideration of your access to the Portal, you hereby irrevocably assign to BAIMMT any and all rights, title and interests in any Suggestions and Data, including without limitation any copyright, patent right, moral right, and all other intellectual property rights.
You acknowledge and agree that submission of Suggestions to BAIMMT, either orally or in writing, will not in any way establish a confidential relationship with BAIMMT, nor will it place BAIMMT in the position of receiving a disclosure in trust. BAIMMT will not be obligated and makes no commitment to treat or maintain Suggestions that you submit as confidential. Additionally, BAIMMT shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Third-Party Content, Other Sites
The Portal may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that BAIMMT shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. BAIMMT does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Modifications to Portal
BAIMMT reserves the right to modify, suspend or discontinue, temporarily or permanently, the Portal or any service to which it connects, with or without notice and without liability to you.
Updates to Portal
BAIMMT may from time to time provide enhancements or improvements to the features/functionality of the Portal, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Portal. You agree that BAIMMT has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Portal to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Portal, and (ii) subject to the terms of this Portal.
BAIMMT may, in its sole discretion, at any time and for any or no reason, suspend or terminate this User Agreement and your access and use of the Portal with or without prior notice. This User Agreement and your use and access and use of the Portal will terminate immediately, without prior notice from BAIMMT, in the event that you fail to comply with any provision of this User Agreement. Upon termination, your license and other rights to the Portal granted to you in this User Agreement will cease upon notice from BAIMMT. Termination of this User Agreement will not limit any of BAIMMT’s rights or remedies at law or in equity in case of breach by you (during the term of this User Agreement) of any of your obligations under the present User Agreement. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE PORTAL IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BAIMMT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PORTAL, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BAIMMT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Without limiting the foregoing, neither BAIMMT nor any of BAIMMT’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Portal, or the information, content, and materials or products included thereon; (ii) that the Portal will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Portal; or (iv) that the Portal, its servers, the content, or e-mails sent from or on behalf of BAIMMT are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
IN NO EVENT SHALL BAIMMT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PORTAL, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE PORTAL, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS USER AGREEMENT), EVEN IF BAIMMT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF BAIMMT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS USER AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold BAIMMT and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Portal; (b) violation of this User Agreement or any law or regulation; or (c) violation of any right of a third party.
Limitation on Actions
You agree that any dispute arising out of this User Agreement or your use of the Portal must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of this User Agreement or related right shall not constitute a waiver of that right or provision.
Amendments to this User Agreement
BAIMMT reserves the right, at its sole discretion, to modify or replace this User Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Portal after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Portal.
For U.S. Government End Users
The Portal and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
The laws of Virginia, United States, excluding its conflicts of law rules, shall govern this User Agreement and your use of the Portal. Your use of the Portal may also be subject to other local, state, national, or international laws. This User Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
You agree that any dispute arising out of or relating in any way to this User Agreement or to your use of the Portal requires that the claim be resolved exclusively by confidential binding arbitration except that, arbitration except that, to the extent you have in any manner violated or threated to violate BAIMMT’s intellectual property rights, BAIMMT may seek injunctive or other appropriate relief in a court of competent jurisdiction. The arbitration shall be conducted before three neutral arbitrators in Fairfax County, Virginia, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE PORTAL REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the exclusive jurisdiction of the state or federal courts located in Fairfax County, Virginia for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts located in Fairfax County, Virginia.
General Legal Terms
The User Agreement constitutes the entire agreement between you and BAIMMT regarding your use of the Portal and supersedes all prior and contemporaneous written or oral agreements between you and BAIMMT. You may be subject to additional terms and conditions that apply when you use or purchase other BAIMMT’s services, which BAIMMT will provide to you at the time of such use or purchase. If any provision of this User Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this User Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
If you have any questions about this User Agreement, please contact us at firstname.lastname@example.org.
Terms and Conditions
Last updated: April 18, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website (the "Site") operated by BAIMMT LLC ("BAIMMT", "us", "we", or "our"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE.
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Site.
By creating an account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
(a) The Site and its original content, features and functionality ("Site Content") are and will remain the exclusive property of BAIMMT and its licensors. Except as otherwise provided by a third party, all Site Content on the Site is © 2019 BAIMMT LLC and/or its licensors. GOLD COMET, GCOMET, and the Gold Comet logo are trademarks of BAIMMT. The Site Content is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BAIMMT. Neither these Terms nor your use of the Site transfers any right, title or interest in the Site or the Site to you, and BAIMMT and its third-party licensors retain all of its and their respective Intellectual Property Rights in and to the Site and Site Content. Any rights not expressly granted are reserved.
(b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Site Content or information from the Site, in whole or in part, without the express written permission of BAIMMT. In addition, you shall not use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
(c) The Site is controlled, operated, and administered by BAIMMT from its offices or servers within the United States of America ("U.S."). BAIMMT makes no representations that materials or Site Content on the Site are appropriate or available for use at locations outside of the U.S. You may not use the Site or export the Site Content in violation of U.S. export laws or regulations. If you access the Site from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.
(d) Certain Site Content may be furnished by third parties. Certain product, service, or company designations for companies other than BAIMMT may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.
(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, to any of our intellectual property or any third party’s intellectual property. Any rights not expressly granted herein are reserved.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept sole responsibility for any and all activities or actions that occur under your account and/or password. You may not use the account, user name, or password of any other user at any time without the express written permission and consent of the holder of such account, user name, or password.
Links to Other Websites
Our Site may contain links to third party web sites or services that are not owned or controlled by BAIMMT. BAIMMT has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that BAIMMT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, temporarily or permanently, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. You can terminate your use of the Site at any time by stopping your use of the Site. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to terminate access to the Site or portions of the Site.
We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BAIMMT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE. BAIMMT ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SITE WILL FUNCTION UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR E) DEFECTS, IF ANY, WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL BAIMMT, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, INCREASED, CONSEQUENTIAL OR PUNITIVE DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR ANY PRODUCT PURCHASED THROUGH THE SITE, OR, IF NO PURCHASE IS MADE, ONE HUNDRED DOLLARS ($100.00 USD).
You agree to defend, indemnify and hold harmless BAIMMT and 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 and all claims, damages, obligations, judgments, awards, losses, liabilities, costs, debt, expenses, or fees (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you, your agents, or any person authorized to use your account and password; b) your breach of these Terms, c) content posted by you or your agents on the Site, or d) your violation of any rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. BAIMMT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMTATIONS OF DISCLAIMERS, AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
Limitation on Actions
You agree that any dispute arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threated to violate BAIMMT’s intellectual property rights, BAIMMT may seek injunctive or other appropriate relief in a court of competent jurisdiction. The arbitration shall be conducted before three neutral arbitrators in Fairfax County, Virginia, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the exclusive jurisdiction of the state or federal courts located in Fairfax County,Virginia for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts located in Fairfax County, Virginia.
Changes to Terms
We reserve the right, at our sole discretion, to modify, add, delete and/or replace these Terms at any time. Please review these Terms periodically for any updates or changes. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
BAIMMT may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of BAIMMT. If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. These Terms and any modifications constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.
If you have any questions about these Terms, please contact us at email@example.com.
Effective date: April 18, 2019
BAIMMT LLC ("BAIMMT", "us", "we", or "our") operates the https://goldcomet.com website and the Gold Comet Portal (hereinafter referred to as the "Service"). This page informs you of our policies regarding the processing, collection, use, storage, and disclosure of data when you use our Service and the choices you have associated with that data.
- How to contact us
- The information we collect about you
- How we may use information about you
- Who we may share your information with
- How we safeguard your information
- How long we store your information
- Your rights and options regarding your information
- Transfer of data; special notice to non-U.S. users
- Links to other sites
- Sensitive information
- Our policy on children’s information
- Governing law and jurisdiction
1. How to Contact Us.
You can update your preferences and information by updating your contact information in your account through our Service or contacting us at the e-mail address below.
Additionally, if you have any questions or concerns about our use of your Personal Data (defined below), please do not hesitate to contact us through any of the methods listed below.
2. The information we collect about you.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information ("Personal Data"). Personal Data is data about a natural person who is either identified or who can be identified from data and other information either in our possession or likely to come into our possession. Personal Data may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- User name
- Log-In Password (Not your encryption password)
We collect information from you both when you provide it voluntarily and also automatically when you use our Service. We may also collect Personal Data from other sources, as described below.
We collect Personal Data from you and any devices (including mobile devices) you use when you: use our Service, register for an account with us, make a purchase, provide us information on a web form, update or add information to your account, when you otherwise correspond with us,engage or connect with us through one of our social media pages, chat with a customer support specialist, or post in public commenting areas where other visitors and users view your post(s) and any information you share in connection with such post(s). Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
In addition, we also collect personal information about you from third parties in connection with our Service, including from the following sources:
- Data analytics service providers
- Email, chat and other communications service providers
- Social media platforms
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit) ("Usage Data"). Usage Data is information that does not identify or relate to an individual. This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. For example, we use Google Analytics, a service provided by Google, Inc., to gather information about how you and others engage with the Services. For more information about Google Analytics please visit this page.
Tracking & Cookies Data
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
3. How we use information about you.
BAIMMT uses the collected data for various purposes:
- To provide, maintain, and improve our Service to you
- To optimize the display of the Service on your device
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about
- To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
4. Who we may share your information with.
We share non-personal Usage Data with third parties at our discretion. In connection with our Service, we may share your Personal Data with certain third parties who we engage to help us run our business and perform the Service, including under the following circumstances:
- Software and service providers we use to manage and process your information, for example, providers of payment processing software (e.g., payment processing software)
- Web analytics providers who monitor and analyze the use of the Service
Additionally, we will share your Personal Data with third parties where required by law, where it is necessary in connection with our Services or where we have another legitimate interest in doing so.
5. How we safeguard your personal information.
We have put in place appropriate security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. Third parties we engage in our business who may have access to your Personal Data will only process your Personal Data on our instructions and they are required to only use your data as necessary to perform their contract with us.
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. Any transmission of Personal Data is at your own risk.
6. How long we store your information.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when Usage Data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain Usage Data for longer periods.
7. Your rights and choices regarding your information.
We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us through one of the methods listed under "How to contact us" above. In addition, as noted above in "The information we collect about you," you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with our Service may be impaired and some features may not work as they were intended.
Depending on where you live, you may have the following data protection rights under certain circumstances, which may include the following:*
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your Personal Data.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
- The right to a request a copy. You have the right to request a copy of your Personal Data.
- The right to complain. You have the right to complain to a data protection authority in your country about our collection and use of your Personal Data.
Please note that we may ask you to verify your identity before responding to such requests.
If you want to exercise any of the rights listed above and you are a resident of a jurisdiction providing you such rights (as of May 25, 2018, residents of the European Economic Area, and effective January 1, 2020, residents of California for the first two rights listed above), please contact us through one of the methods listed in under "How to contact us" above.
8. Transfer of Data; Special Notice to Non-U.S. Users.
If you are located in a country outside the U.S. and submit personal information to us, you consent to the general use and disclosure of such information as provided in this Privacy Notice and to the transfer and/or storage of that information to the U.S. and other countries outside your home country.
9. Links to Other Sites.
10. Sensitive Personal Data.
Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive personal data as this term is defined under applicable data protection and privacy laws (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service or otherwise to us.
11. Our policy on children’s information.
Our Service is not directed to anyone under the age of 13 ("Children"). By using the Service, you represent that you are at least 13 years old. If you do not meet this age requirement, then you must not access or use our Service.
We do not knowingly collect personally identifiable information from anyone under the age of 14 and we do not target the Service to children under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us though one of the methods listed under "How to contact us", above. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take reasonable steps to remove that information from our servers.
For more information about the Children’s Online Privacy Protection Act ("COPPA"), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website.
12. Governing Law and Jurisdiction.
Last updated: April 18, 2019
What are cookies?
Cookies are small pieces of data (text file) sent to your web browser by a website you visit. A cookie file is stored on your device and in your web browser and allows the Service or a third party to recognize you and make your next visit easier and the Service more useful to you (for example: remembering your login information). Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
- To enable certain functions of the Service
- To provide analytics
- To store your preferences
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
- Accounts-related cookies. We may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. We may use these cookies to remember information that changes the way the Service behaves or looks, such as the "remember me" functionality.
- Analytics cookies. We may use analytics cookies to track information about how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.
What are your choices regarding cookies?
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer on the Service, you may not be able to store your preferences, and some parts of the Service might not display properly.
- For the Chrome web browser, please visit this page from Google
- For the Internet Explorer web browser, please visit this page from Microsoft
- For the Firefox web browser, please visit this page from Mozilla
- For the Safari web browser, please visit this page from Apple
For any other web browser, please visit your web browser’s official web pages.
Where can you find more information about cookies?
You can learn more about cookies and the following third-party websites: